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Contract with Kearns Construction Co. n L/0)1e- CkD 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 Kearns Construction Co. (Tertiary. Vendor). hereafter 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, and in accordance with the requirements of the Contract Documents. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Purchase Order issued by the City's Procurement Director. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after receipt of Purchase Order, which date shall establish the Project Initiation Date. The 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 Purchase Order to mobilize on the Project site and commence with physical construction of the work. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within thirty (30) calendar days from the issuance of the City-approved Task Order and accompanying Purchase Order, or as otherwise specified in the Task Order, 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 hundred dollars ($100.00) 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 hundred dollars ($100.00) 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 3.1 In consideration of the Services to be provided, Contractor shall be compensated through individual City-approved Task Orders (and accompanying Purchase Orders) issued for a particular project, on a unit price basis for the Work covered by the Contract Documents or reasonably inferable therefrom, or potentially, on a lump-sum fee basis for additional services. The City-approved Task Orders and accompanying Purchase Orders shall specify the total contract amount for the Work covered by the Contract Documents and required by the City-approved Task Order, inclusive of all labor, materials, equipment, costs and expenses, overhead and profit associated with completion of all the Work in accordance with the requirements of the Contract Documents. With respect to unit price Work, 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. 3.3 With respect to any lump-sum price Work for additional services or other Work not covered by the Contract Documents or reasonably inferable therefrom, payment may be at the lump sum price stated in the City-approved Task Order. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in accordance with the requirements of 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. 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 PP 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. Upon submission of an acceptable updated progress schedule and the other documents required herein along with the application for payment, City shall make payment to Contractor with respect to approved Applications for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after fifty percent (50%) of the Work has been completed, the Contract Administrator shall reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any additional reduction in retainage shall be in the sole discretion of the Contract Administrator, after considering any recommendation by the Consultant with respct thereto, 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 in writing in a separate stand-alone document from monthly applications for payment, and shall be considered in accordance with Florida law. • 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 (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. .6.4 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 The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents. 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 provision elsewhere in the Contract Documents • or under any applicable law, regulation, statute or code requirement which is applicable to this Project, the more stringent provision shall prevail and govern the performance of the Work. 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: Kearns Construction Co. 4101 Braganza Avenue Miami, FL. 33133 Attn: John Kearns, CFO 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. -Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be .construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 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 City 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 MIAMI CH/ ,,//,/ 2.1g- O i # 1 BE,q I'f1,/,, �, / <r,. �i Mayor ' City Clerk ilir.,..' •.0 y // � ;-; i '—'4':""/ ..% 0 ii/ / ile 1 *Rp,1ED G ; r �� O s * \AWV 4 41 kr), / Attest: '� E RN CONSTRUCTION CO.:14 ,,,4 a:‘• -9. •��ti:p S / ignature/Secreta `ign;lure/President ----71—k-c, -.-4, Otgte3 /(01-11-N Print Name •'r'- t-Name APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION lIxt0(lc,\c, k...5 .1.0 City Attorney Vic.( Date COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO AWARD A CONTRACTS PURSUANT TO INVITATION TO BID(ITB) NO. 2015-267-KB FOR CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE. Key Intended Outcome Supported: Build and Maintain Priority Infrastructure with Full Accountability. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: The majority of the seawalls in the City are in excess of 50 years old and consist of the limestone gravity walls that were likely from the original construction of the various reclaimed islands throughout the City.Many of the seawalls have exceeded their service life and require replacement/repairs in order to extend the service life of the seawall(s)considerably. The City has prioritized seawall replacement/repairs as funding becomes available.The purpose of this ITB is to establish a continuing services contract for the construction of seawalls, Citywide, on an as needed basis as determined by the City. ITB No.2015-267-KB,was issued on September 22, 2015,with a bid opening date of November 25,2015. Four (4) addenda were issued. The Procurement Department issued bid notices to over 900 companies utilizing www.publicpurchase.com website and 51 companies via email notification. 73 prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of five(5)responses from Shoreline Foundation, Inc.; Pac Comm, Inc.; Kearns Construction Co.; Construct Co. Inc.; and David Mancini and Sons, Inc. In effort to expedite construction of seawalls as the need arises, Citywide, it is in the City's best interest to award contract to primary, secondary, and tertiary vendor. The City Manager has considered the bids received, pursuant to ITB 2015-267-KB,and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to: Shoreline Foundation, Inc., as primary lowest vendor, Pac Comm, Inc., as secondary lowest vendor, and Kearns Construction Co., as the tertiary lowest vendor, 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 No.2015-267- KB for Continuing Services(as needed)for the Construction of Seawalls Citywide. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 2 OBPI Total Financial Impact Summary: The costs of the related services are subject to funds availability approved through the City's budgeting process for specific projects. City Clerk's Office Legislative Tracking: Alex Denis Sign-Offs: Department Director Ass's . a t City Manager City anager 4 A B 'o M' 11.\ C � JL T:\AGENDA■2015 'ecember\PROCUREMENT\ITB 21 5-267-KB CONTINUING SERVICES(AS NEED:, •OR THE CONSTRUCTION OF SEAWALLS CITYWIDE-Summary.doc MIAMIBEACH AGENDA ITEM C.2 E DATE 62 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 f the City mmission FROM: Jimmy L. Morales, City Manager DATE: December 9, 2015 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACTS PURSUANT TO INVITATION TO BID(ITB)NO.2015-267-KB FOR CONTINUING SERVICES(AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE. KEY INTENDED OUTCOME Build and Maintain Priority Infrastructure with Full Accountability. FUNDING The costs of the related services are subject to funds availability approved through the City's budgeting process for specific projects. BACKGROUND INFORMATION The majority of the seawalls in the City are in excess of 50 years old and consist of the limestone gravity walls that were likely from the original construction of the various reclaimed islands throughout the City. Many of the seawalls have exceeded their service life and require replacement/repairs in order to extend the service life of the seawall(s)considerably. The City has prioritized seawall replacement/repairs as funding becomes available. The purpose of this ITB is to establish a continuing services contract for the construction of seawalls, Citywide, on an as needed basis as determined by the City. ITB PROCESS ITB No. 2015-267-KB, was issued on September 22, 2015, with a bid opening date of November 25, 2015. Four(4)addenda were issued. The Procurement Department issued bid notices to over 900 companies utilizing www.publicpurchase.com website and 51 companies via email notification. 73 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of five (5) responses from: Shoreline Foundation, Inc.; Pac Comm, Inc.; Kearns Construction Co.; Construct Co. Inc.; and David Mancini and Sons, Inc. After review of bids received, the Administration is recommending award to a primary, secondary, and tertiary bidder (in the event that primary is unable to perform) as follows: Shoreline Foundation, Inc., as the primary lowest responsive bidder, Pac Comm, Inc., as secondary lowest responsive bidder, and Kearns Construction Co., as the tertiary lowest responsive bidder. The successful bidders'contracts shall be executed for a period of three(3)years, and may be renewed at the sole discretion of the City,through its City Manager,for two(2)additional one(1)year terms. Funding for future years is contingent on approval of future year budgets. The contracts will offer more flexible resources to ensure that the Public Works Department fulfill the construction of seawalls, Citywide, on an as needed basis as determined by the City, in a timely manner while always securing the lowest cost. 63 Commission Memorandum ITB 2015-267-KB CONTINUING SERVICES(AS NEEDED)FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE December 9,2015 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. • Florida General Contractor License (CGC); or • Certified Specialty Contractor(Marine) 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in seawall construction projects. References must be projects completed or in progress within the last five (5) years. 3. Bonding Capacity: Bidder must have the capability to provide a performance and payment bond for the project(s).The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter of Intent from an A-rated Financial Class V Surety Company to bond the project. 4. Financial Stability and Strength:The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Shoreline Foundation, Inc., Pac Comm, Inc., Kearns Construction Co., Construct Co. Inc., and David Mancini and Sons, Inc. met the minimum eligibility requirements set for this solicitation. CITY MANAGER'S REVIEW AND RECOMMENDATION In effort to expedite construction of seawalls as the need arises, Citywide, it is in the City's best interest to award contract to primary, secondary,and tertiary vendor.The City Manager has considered the bids received, pursuant to ITB 2015-267-KB,and recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Shoreline Foundation, Inc., as primary lowest vendor, Pac Comm, Inc., as secondary lowest vendor, and Kearns Construction Co., as the tertiary lowest vendor, 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 No. 2015-267-KB for Continuing Services(as needed)for the Construction of Seawalls Citywide. JLM/EC/ D T:IAGENDA120151December\PROCUREMENTIITB 2015-267-KB CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE-Memo.doc 64 u 4.1 1 : ~'c O L9 — I 1 u I g I N iiiiiiiiii T C Q x O U 7 w iiiiiiiiiii U Q I O E.3 CU l W LPL Y iiiiiiiiii Q U 3111111111111 CC O u) < °;. fl I 1111111M (11)/LL xl H' �'T O _ Ce W .a- w o iiiiiiiiiii Z_ = ;. • Z Q o Y CO N .01 iiiiiiiiiiii:.: O 1 N • Z a CO } ~ W LL a Cn S Z ' L L W ' L cn L L 01 C .0 01 C 1- ,. C J O I J L S l o 0C J O H J c xd B J x -S p J L' ', 0 W J m 2 1 -I 6 g I 1 U p Z m !' L .. r r . t t .d a J., O. n n a n n n a 0 88883888 5 ° a ,:,, x x x x x x x x g ce 0)':; O LL 0 0 0 0 0 4 4 4 m w V • J J U •W '.. J J J J J Z O J J J .ii J J J a Q. a a a a a a a a o o � a 16aaaaaaaQjL:, wwwwwwJa ": co cn cn cn cn CO CO CO C7 0 a 65 MAMIBEACi City of Miami Beach, 1755 Meridian Avenue, 3'Floor, Miami Beach, Florida 331 39, www.rnicmiCeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 4 CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB No. 2015-267-KB November 16,2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISIONS 1. Section 0500, Subsection 8. Insurance Requirements: 8.1 The Bidder shall furnish to the Department of Procurement. City of Miami Beach, 1700 Convention Center Drive. 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. A e - ' _e-•e-• _ •e- - - - - e - -.._ _ .-- _ -- .- ee - -: - e =- - - - " 448- • B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury e- - - !-- -- - III •ee --. per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non owned and hired vehicles used in -- - =- • • ..e - - e -e - - 9 1 9 •.. -.. •--e e - - e e D. Professional Liability Insurance in an amount not less than $1;000,000 with the deductible per All insurance policies required above shall be issued by companies authorized to do busi.ness under the laws The company m•61-st be rated na less than "B" as to mange -ent, and no less than "C-•ass V" as to financial strength, by the i-atest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its eg4valent, sub}ect to the app oval of the City Risk Management Division. 9•F • -_ __ •- - -7-. e •-- e - - •e • - e „ -e e _ e e -- Certifica# will indicate no modification or change in iRsur-a•nce shall be Fichadc without thirty (30) days in CERTIFICATE HOLDER MUST READ: _ . 1•I • 1.4 • _MIAMI BEACH, FL 331 - _ -- .--:: a - _: _-e :: •:_ :- _-:- 1 A. Worker's Compensation Insurance as required by Florida, with statutory limits. Employer's Liability Insurance with minimum limits of$1,000,000 per accident for bodily injury or disease. Coverage under the Longshoremen and Harbor Workers' Compensation Act shall be included. B. Commercial General Liability Insurance on an occurrence basis, to include: Premises Operations; Independent Contractors; Contractual Liability; Personal & Advertising Injury; Products-Completed Operations; Broad Form Property Damage including Completed Operations: Protection& Indemnity; and Underground, Explosion and Collapse Property Damage, with limits no less than $1,000,000 per occurrence for bodily injury and property damage. City of Miami Beach shall be included as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. 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. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Bumbershoot Liability with limits no less than $10,000,000. City of Miami Beach shall be included as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. F. Vessel Pollution Legal Liability with limits no less than $1,000.000 per occurrence or claim. and $2,000,000 policy aggregate. G. Pollution Liability insurance with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. H. Watercraft Liability with limits no less than $1,000,000 per occurrence. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Other Insurance Provisions 1. For any claims related to this project, the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. 2. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. 3. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: 2 4. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 5. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 6. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase extended period coverage for a minimum of five (5) years after completion of the contract work. 7. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee)for review. 8. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of"Pollution" shall include microbial matter including mold. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements. including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 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. 2. Section 0300, Subsection 1. Licensing Requirements: Bidders shall be state certified and licensed General Contractors to be considered for award. • Florida Commercial Builders License (CBC); or • Florida General Contractor License (CGC), Specialty Marino; or • Certified Specialty Contractor(Marine) II. RESPONSES TO QUESTIONS RECEIVED: 01: Please confirm that the Superintendent and/or Project Manager identified to satisfy the personnel requirements in Section 0500 must be a member of the Contractor's Team and may be employed by either the general contractor or subcontractors? Al: The Superintendent/Project Manager can be hired by the GC or the Subcontractor as long as the Superintendent/Project Manager complies with section 0500, subsection 1, entitled "Personnel Requirements," on page 18. Q2: Please confirm that the individual references required under Section 0300 may be satisfied by any single member of the Contractor's Team, including the general contractor and/or subcontractors? A2: The minimum requirements must be met by the Bidder. 3 Q3: Under the licensing requirements in Section 0300, Bidders are required to present either a "Florida Commercial Builders License (CBC) or a Florida General Contractor License (CGC) -- Specialty Marine." Because there is no "specialty marine" license for general contractors, please confirm that a Florida General Contractor License (CGC)will satisfy the licensing requirement? A3: A marine specialty license shall be required, please refer to Revision 2 above. Q4: I would like to verify that there will be no bid bond for this project? A4: A bid guaranty is not required for this project. Q5: Are we allowed to bid an alternative if we submit sealed plans on a product that is substantially less in cost than the King pile and batter design? Do we have to be selected as one of the three finalists to earn the right to submit an alternative? A5: The City's standard detail is a standard requirement unless the City approves an alternate pursuant to section 0500 subsection 59. "Or Equal" Clause. Q6: Would you share with me the cost for the current work and how I can look at that bid award that is being performed for the city on seawalls with the king piles and batter design along Alton Rd? A6: The seawalls that have been constructed at the end of 10th Street and on 17th Street were part of a design/build contract. A separate line item for the cost of the seawalls was not prepared. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadona miamibeachfl.aov. Procurement Contact: Telephone: Email: Kristy Bada 305-673-7000, ext. 6218 KristyBada@miamibeachfl.gov • Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Si i A1exkenis Procurement Director 4 MIAMI BEAC , 1 City of Miami Beach, 1755 Meridian Avenue, 3'd Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 CONTINUING SERVICES(AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB No. 2015-267-KB November 13, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Wednesday, November 25, 2015, at the following location. CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 Note: This location is not in City Hall. Vendors are cautioned to become familiar with the location prior to the due date for bids or proposals. Late bids or proposals will not be accepted. Additionally, proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN ANSWERS TO THE QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @a,miamibeachfl.gov. Procurement Contact: Telephone: Email: Kristy Bada 305-673-7000,ext. 6218 _ KristyBada @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. d Sind Alex DeiS Procurement Director 1 M City of Miami Beach, 1755 Meridian Avenue, 3'd Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 2 CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB No. 2015-267-KB November 5, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Monday, . November 16, 2015, at the following location. CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 Note: This location is not in City Hall. Vendors are cautioned to become familiar with the location prior to the due date for bids or proposals. Late bids or proposals will not be accepted. Additionally, proposers are cautioned to plan sufficient time • to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN ANSWERS TO THE QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.aov. Procurement Contact: Telephone: Email: Kristy Bada 305-673-7000, ext. 6218 KristyBada @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" ques a\aire with the reason(s)for not submitting a proposal. i :inc ly,r n i -• rents Procurement Director 1 MAMIBEAC1i City of Miami Beach, 1755 Meridian Avenue, 36 Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB No. 2015-267-KB October 19, 2015 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISIONS:The following section shall be added to Section 200, Paragraph 2, Sub-paragraph 2.4(p. 9), entitled "Additional Services or Change Orders." 2.4.1 The City of Miami Beach has adopted the Blue Ways Master Plan (attached). As applicable, a non-motorized vessel launch may be incorporated into each seawall location. The addition of the non-motorized vessel launch shall be considered an additional service pursuant to this section 2.4.Accordingly,final design, specifications and price shall be negotiated with the contractor upon final determination of requirements by the City. Any resulting non-motorized vessel launch shall be compliant with the following standards: • www.access-board.qov/quidelines-and-standards/recreation-facilities/outdoor-developed-areas • www.access-board.gov/guidelines-and-standards/recreation-facilities • www.access-board.gov/quidelines-and-standards/recreation-facilities/quides/boatinq-facilities II. RESPONSES TO QUESTIONS RECEIVED: Q1: What is the term of the contract? Al: This is a Continuing Services Contract. Accordingly, Article 2.1 and 2.2 of the Contract (p. 77) shall be amended as follows: 2.1 Term: This contract shall be effective for an initial period of three years. Following the initial period, the City may consider, as approved by the City Manager, two additional one-year periods. There is no guarantee of work during the contract term. Projects will be assigned on an as-needed basis at the discretion of the City. 24.2.2 For each individual project assigned under this contract, Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Purchase Order issued by the City's Procurement Director - - - e e e---e -"e - • - - -- = • • • - • 2 . 2 - 2"--2 2- is-sued-far-th-is-Contfaert, Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after receipt of Purchase Order, whose date shall establish the Project Initiation Date • - - - •- •- . -- .. - _ - - • _ •-- . - -- . The ' - - -- - - - '- - - - • - - e- . • . - e- - . -•• -• - - . 0.1.1. 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 the Purchase Order to mobilize on the Project site and commence with physical construction of the work. 1 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed as agreed to by the parties in the approved task order ' • - - - .! .. - .. .. _ • -- ' .. •_ _ _ Q2: If the duration of the contract is greater than one year, how is the increase in costs addressed, for example is there a CPI Index cost adjustment for price escalation of concrete? A2: This is a Continuing Services Contract. See response to Q1. Q3: Many of the sea walls have drain lines or other utilities running through them. How is this cost accounted for? A3: As specified in the itemized bid section, incidental items include"Accommodation of existing drainage systems through the proposed seawall."Additionally, Section 0200 Instructions to Bidder, subsection 2. Background and Scope of Work, No. 2.4 provides information relating to additional services or change orders. Q4: In the course of replacing a sea wall, what protection is provided to safeguard the contractor against litigation from an abutting sea wall owner for damage? A4: This contract is for the construction of new seawalls in front of old seawalls, not replacing a seawall. Q5: When rebuilding a sea wall, how is the new wall constructed against the existing abutting wall? A5: This contract is not for rebuilding seawalls. Per the Seawall Standard detail—"New seawall placed in front of existing wall." Q6: Will any alternate methods of construction or materials be acceptable? For example, the utilization of a True Line product? A6: The City's standard detail is a standard. The contract provide for an "or equal" in Section 0500 — General Terms and Conditions - Paragraph 59 — Page 48 of ITB — "Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit,function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function." Q7: Has the City received any permits from DERM or the Army Corps of Engineers to build these sea walls? A7: No. Section 0200 Instructions to Bidders, subsection 20. Permits states that "the CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. The City shall reimburse the contractor for the direct cost of the permits.Any re-inspection fees shall be the responsibility of the contractor. Q8: There seems to be an on-going question with when will rip-rap be required at the base of the wall or when a contribution must be made into a County mitigation fund. How will that be handled? A8: The City standard detail stipulates that rip rap is required "where wave action or swift currents are anticipated." Q9: Is there any restrictions or requirements on whether the construction is from the water side or from the land side? A9: No 2 Q10: Will a site be provided by the City to load sea side? A10: No Q11: Is there a construction cost limit on the Project? All: Subject to available funds for each project. Q12: Has design taken into account the public access of the blue ways master plan? Al2: Please refer to Section I, Revisions,above. Q13: Is there a list of proposed locations? A13: Yes, please refer to attached prospective seawall priority ranking list (Exhibit A) and seawall assessment (Exhibit B). City reserves the right to amend this list at any time. Q14: When does the City expect to issue to first task order? A14: First task order is subject to City Commission approval and available funding. It is estimated that the first task order will be issued within 30 days following City Commission funding/approval. Q15: The award of this contract is primary, secondary&tertiary how does that work? A15: See Section 0200 Instructions to Bidders, subsection 2.1 Multiple Award (p.9). Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: Kristy Bada 305-673-7000, ext.6218 KristyBada @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential proposers that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. Sin r ly, Ale Denis `Procurement Director 3 INVITATION T BIB CONTINUING SERVICES SAS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB No. 2015-267-11 - BID ISSUANCE DATE: SEPTEMBER 22ND, 2015 9TH, BID OPENING:. NOVEMBER 9 , 2015 ISSUED BY: KRISTY BADA • } MIAMI BEACH Kristy Bada, Contracting Officer 11 PROCUREMENT DEPARTMENT 1755 Meridian Drive, 3RD Floor, Miami Beach, FL 33139 305.673.7490 I Fax: 786.373.4404 I www.miamibeachfl.gov INVITATION TO BID SUMMARY Invitation to Bid No. 2015-267-KB ITB Title: CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE Basic Description of the Scope of Work: The purpose of this ITB is to establish a continuing services contract for the construction of seawalls, Citywide, on an as needed basis as determined by the City, as set forth herein and including Appendix F, Plans & Specifications (Seawall Details and Notes). Bid Issuance: SEPTEMBER 22ND, 2015 Technical Drawings and Specifications are available for free download at: www.publicpurchase.com OR are available on CD for pick up for a fee of $20.00 at: Procurement Department 1755 Meridian Avenue; Third Floor Miami Beach, FL 33139 Pre-Bid Conference OCTOBER 2ND, 2015 11:00AM Date, Time, & Location: Procurement Department Conference Room —A Meeting is Mandatory (only if box is checked) 1755 Meridian Avenue; 3rd Floor Miami Beach, FL 33139 Dial-in Instructions: • Dial the Telephone Number: 888-270-9936 • Enter the Meeting Number: 5804578 and then press the pound (#) key Last Day for Receipt of Questions: OCTOBER 30TH. 2015 @ 3:00 PM Bid Due Date & Time: NOVEMBER 9TH, 2015 @ 3:00 PM Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. NOVEMBER 9TH, 2015 @ 3:15 PM Formal Bid Opening Location Procurement Department (respond to): 1755 Meridian Avenue; Third Floor Miami Beach, FL 33139 Response Format: Per bid documents: 1. Sealed Opaque Envelope (Properly I Addressed) As per Section 0400 Below 2 j ITB 2015-267-KB MIAMIBEACH 1. Bid Guaranty of 5% Basic Bid Requirements: 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: S SHALL be required for any project in excess of $200,000. Within ten (10) calendar days of City execution of the Task Order, 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.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. IE SHALL NOT be applied. Liquidated Damages: $100.00 shall be assessed for each day after Substantial Completion that the Work is not complete. Procurement Contact Information: KRISTY BADA Procurement Contracting Officer II Phone: 305.673.7000 ext. 6218 E-mail: kristybada(c,miamibeachfl.00v 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://librarv.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 communicatio n to nf process or procedure .regard nn ..�......:...� the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado(a�miamibeachfl.gov. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com 3 I ITB 2015-267-KB MIAMIBEACH TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS.. 5 0200 INSTRUCTIONS TO BIDDERS 9 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS 14 0400 BID SUBMITTAL REQUIREMENTS & FORMAT 16 0500 GENERAL TERMS AND CONDITIONS 18 APPENDICES: PAGE APPENDIX A BIDDER CERTIFICATION, QUESTIONAIRRE & REQUIREMENTS AFFIDAVIT 49 APPENDIX B NO BID FORM 56 APPENDIX C BID TENDER FORM 58 APPENDIX D OTHER FORMS 61 APPENDIX E SAMPLE CONTRACT 76 APPENDIX F PLANS AND SPECIFICATIONS 87 4 ITB 2015-267-KB MIAMIBEACH 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 for 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 Continuing Services Contract: A term contract through which one or more projects may assigned to an awarded contractor to be completed in accordance with the terms, conditions and pricing set forth in the Agreement. Purchase-Orderc. fo!!ov.,:ng acceptance by the City of the Project Task Order shall be issued for each project assigned to an awarded contractor under the Agreement. The Purchase Order shall act as and dictate the Notice to Proceed requirements for the project. 1.9 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. 1.10 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. 5 I ITB 2015-267-KB MIAMIBEACH 1.11 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, Project Task Order, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. 1.12 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.13 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. 1.14 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. 1.15 Department: The Public Works Department, or any other City department authorized to use any resulting agreement. 1.16 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. 1.17 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. 1.18 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.19 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. 1.20 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.21 Program Manager: Not applicable. 1.22 Project: The construction project described in the Contract Documents, including the Work described therein. 6 I ITB 2015-267-KB MIAMiBEACH 1.23 Project Initiation Date: The date upon which the Contract Time commences. 1.24 Resident Project Representative: Not applicable. 1.25 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. 1.26 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. 1.27 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. 1.28 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. 1.29 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. 1.30 Task Order: At the request of the Public Works Director, the Contractor shall furnish a Task Order for any project under consideration. Each project shall have a project-specific Task Order. The Task Order shall be approved by the Public Works Director. The Task Order shall stipulate the following: ® Fixed Project Costs. Project Cost shall be based on plans and specifications provided by the City and shall be in accordance with contract unit prices and other pricing terms. • Additional Services. The City anticipates that the significant portion of all seawall projects awarded pursuant to any continuing services agreement resulting from this ITB shall be completed in accordance with the prices established through the ITB. The City recognizes that there may be instances when the need for services in addition to those stipulated herein 7 I ITB 2015-267-KB MIAMIBEACH shall arise (e.g., demolition of existing seawalls, installation of sidewalks, project specific requirements). In those cases, the City may negotiate with the Contractor on a mutually agreeable price for the additional services based on available industry pricing. The approval of the City Manager shall be required for any additional services exceeding a project aggregate of $50,000. • Total Project Cost. • Project Approach and Methodology. This shall include any necessary • phasing, logistical requirements, etc. • Required Permits. • Project Duration. • Mobilization Plan. • Project Manager & Contact. 1.31 Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. Balance of Page Intentionally Left Blank 8 I ITB 2015-267-KB MIAMIBEACH 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 purpose of this ITB is to establish a continuing services contract for the construction of seawalls, Citywide, on an as needed basis as determined by the City, as set forth herein and including Appendix F, Plans & Specifications (Seawall Details and Notes). 2.1 Multiple Award. The City may award up to three vendors (primary, secondary, tertiary), as available. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 2.2 Project Task Order. Prior to the issuance of a Purchase Order, which is required for the commencement of work, the Contractor shall provide a Task Order for any specific project being considered by the Department. No work may commence until the Task Order is approved by the City and accompanied with a Purchase Order. The work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services, and incidentals for the construction of assigned project. 2.3 Construction Documents. The City shall provide all construction documents pursuant to specifications included herein. The Contractor shall be precluded from providing construction documents, except as authorized herein (e.g., shop drawings, field or record drawings). 2.4 Additional Services or Change Orders. The City anticipates that the significant portion of all seawall projects awarded pursuant to any continuing services agreement resulting from this ITB shall be completed in accordance with the prices established through the..ITB. The City recognizes that there may be instances when the need for services in addition to those stipulated herein shall arise (e.g., demolition of existing seawalls, installation of sidewalks, project specific requirements). In those cases, the City may negotiate with the Contractor on a mutually agreeable price for the additional services based on available industry pricing. The approval of the City Manager shall be required for any additional services exceeding a project aggregate of$50,000. 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: 9 I ITB 2015-267-KB MIAMIBEACH 4.1 Examine the Contract Documents thoroughly. 4.2 Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. 4.3 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. 4.4 Study and carefully correlate Bidder's observations with the Contract Documents. 4.5 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. 5. Location of Work: Specific project locations are not available at this time. Projects may be assigned throughout the City. 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 mii pct he_signed and acknowledged by the Bidder in accordance with the directions on the bid form. 8. Bid Guaranty: Intentionally omitted. 9. Prevailing Wage Rates: Intentionally omitted. 10. Acceptance or Resection 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 10 I ITB 2015-267-KB MIAMIBEACH 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 Manager shall recommend to the City Commission that the lowest and best bidder(s) be awarded a contract. The City Manager's recommendation shall take into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the proposer to perform the contract. (2) Whether the proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. 12. Contract Price: The Contract Prices, also referred to as unit prices, are to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 13. Postponement of Date for Presenting and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective Bidders. 14. Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date in accordance with City Code Section 2- 371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 15. Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 11 I ITB 2015-267-KB MIAMIBEACH 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. 17. City Manager's Review: After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. 18. City Commission Authority: The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. 19. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the bid. 12 I ITB 2015-267-KB MIAMIBEACH 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. The City shall reimburse the contractor for the direct cost of the permits. Any re-inspection fees shall be the responsibility of the contractor. I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) III. MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD) IV. FLORIDA POWER AND LIGHT (FPL) V. CITY OF MIAMI BEACH VI. SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) VII.ANY OTHER PERMIT REQUIRED BY ANY AGENCY WITH JURISDICTION. The successful contractor shaft 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 13 I ITB 2015-267-KB MIAMIBEACH 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS Each Bidder shall satisfy each of the following requirements cited below. Failure to do so will result in the bid submittals being deemed non-responsive. In order to be considered for award, bidder must provide evidence of the following minimum requirements: 1. Licensing Requirements: Bidders shall be state certified and licensed General Contractors to be considered for award. • Florida Commercial Builders License (CBC); or • Florida General Contractor License (CGC), Specialty— Marine 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in seawall construction projects. References must be projects completed or in progress within the last five (5) years. References are required to be submitted with the bid and shall include (at a minimum) the following: 1) Client Name; 2) Contact Individual Name & Title; 3) Address, 4) Telephone; 5) Contact's Email; 6) Narrative on Scope of Services Provided; and 7) Project Commencement and Completion Dates. By submitting a bid, the bidder authorizes City Administration to contact the firm's stated references for the purposes of evaluation for this Project. Any information obtained from the references will not be disclosed to the Bidder. 3. Bonding Capacity: Bidder must have the capability to provide a performance and payment bond for the project(s). The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter of Intent from an A-rated Financial Class V Surety Company to bond the project. 4. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claimsLlitiaation history of the Bidder. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Bidders may be required to submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a joint venture, each bidder involved in the joint venture must submit financial statements as indicated above. DO NOT include Financial Statements with your bid submittal. 14 ITB 2015-267-KB MIAMIBEACH 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. The Successful Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein UPON REQUEST by City Administration. All SQR Reports shall be submitted no later than three (3) days from the date of request by City Administration. The cost of the preparation of the D&B report shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Balance of Page Intentionally Left Blank 15 I ITB 2015-267-KB MIAMIBEACH 0400. BID SUBMITTAL REQUIREMENTS Bids shall be submitted in a sealed, opaque packaging. One original in a three ring binder and one (1) bound copy, as well as one (1) copy in digital format (CD or USB drive), of the complete Bid must be received by the indicated deadline. LATE BIDS SHALL NOT BE ACCEPTED FOR ANY REASON, NATURAL OR OTHERWISE. The original and all copies must be submitted to the PROCUREMENT DEPARTMENT in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. Bid packages must contain the following documents, each fully completed, and signed as required in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non-responsive. The City reserves the right to request any documentation omitted, with exception of the Bid Tender 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 Provide a Cover Page that includes the following information: • Name of Bidder. (Note: if co venture, specify) • Address of submitting Bidder. (Note: if co-venture, specify) • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: joint ventures are not allowed.) • 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. BIDDER CERTIFICATION. QUESTIONNIARE & REQUIREMENTS AFFIDAVIT. The Bidder Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. Tab C. MINIMUM REQUIREMENTS. Provide documentation evidencing compliance with the Minimum Requirements as stated in Section 0300, including: • Required Licenses • Previous Experience References • Bonding Capacity Letter • Dun & Bradstreet Supplier Qualifier Report (Required upon request by the City) 16 ITB 2015-267-KB M!AMIBEACH Tab D. EXPERIENCE AND KEY PERSONNEL. It is a requirement of the bid that the Bidder staff the project(s) with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide the following information: • Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid. • Bidders shall provide evidence of experience, as required herein in Section 0300 Minimum Qualifications and Requirements. • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project(s), 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(s) 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(s). 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(s). Tab E. Bid Prices. Bidders are required to submit their proposed term unit prices using the Bid Tender Form found in Appendix C. Balance of Page Intentionally Left Blank 17 I ITB 2015-267-KB MIAMIBEACH 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 18 1 ITB 2015-267-KB MIAMIBEACH 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: ( ) Bar Chart ( ) Modified CPM () CPM ( ) Computerized CPM using the latest edition Primavera P6 software (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P6 software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional. in the use of Primavera P6. to-develop and update the Primavera P6 project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 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. 19 ITB 2015-267-KB MIAMIBEACH The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTORS Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 4.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.3 A preliminary schedule of Shop Drawing submissions; and 4.1.4 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. i SSuch prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.5 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within forty-five (45) days after the Project Initiation Date set forth in Notice to Proceed No. 1, the Contractor shall revise the original schedule submittal to address all review 20 ITB 2015-267-KB MIAMIBEACH comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility 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: The City will require a performance and payment bond for any project in excess of $200,000. Within ten (10) calendar days of City execution of the Task Order, 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): 21 I ITB 2015-267-KB r\1IAM!BEACH 6.11_ Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 6.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Cateaory 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 I ,VVV;IJV I to 25,000,IJ00 h Ci %%1 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 22 I ITB 2015-267-KB MIAMIBEACH (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons 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: TO BE DETERMINED AND SUBMITTED VIA ADDENDUM 8.1 The Biddcr shall furnish to the Department of Proc.wement, City of Miami Bcach, 1700 Convention Center Drive, 3 Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has bccn obtained which A. Worker's Compensation Insurance for all employees of the vendor as including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non owned and hired vehicles used in connection with the work, in an amount not lei - - .9,9 e -------: .-e - • -. - -- - - ---. .-. 23 I ITB 2015-267-KB MIAV\IBFACH a. ~ �~- -�� ' - ' -^,- '~ with thc deductible per o{ainn, if ony, not to exceed 1096 of the limit of liability. do business undcr the laws of the State of Florida, with the following qualifications: The company nnuotbc rated no |oocthan "B" aato rnonogcnnont, and no less than "Class Vr as to financial utnzngth, by the latest edition of Best's Insurance Guidc, published by AN!. Best Cornpony, O|dvvich, Now Joroey, or its oquivo|ent, subject to the approval of the City Risk Management Division. w~~:- ~ ~~. ~e w '*. _-~' ' - ~ e A - ~w • - '~ .- ~ - + " • z ^ - . ~ . - -�~.�~ ..- A -e • -e • -- - -- - B u s i n e s s 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 bo made CERTiFICATE HOLDER MUST READ: �� 1700 CONVENTION C�ENTE;�'DR|VE. 341;) FLOOR • MIAMI BEACH, FL 33139 liability and obligation under this section or under any other section of this egfee�en. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, vvoter, tools, equipment, |igh1, povver, 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. 92 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: __ _--'- 24 I |T8 2015'267-K8 MIAMIBEACH All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of 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 r io event shall include profit it 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 25 I ITB 2015-267-KB MIAMIBEACH Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall 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. 26 I ITB 2015-267-KB MIAMIBEACH 14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 14.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request 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 controIling items of work for the next tvvo 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. 27 I ITB 2015-267-KB MiAMIBEACH Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 16. City's Right to Terminate Contract: 16.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then City may upon written certificate from Consultant of the fact of such delay, neglect or default and Contractor's failure to comply with such notice, terminate the services of Contractor , exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor , and 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 That Contractor i default, the rights and L. i�_... of City any 1 reason ula� Contractor was not in de�aull, the rig. ids and obliga ion�s o� 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 28 I ITB 2015-267-KB MIAMIBEACH work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 16.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 17. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. 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 29 I ITB 2015-267-KB MIAMIBEACH receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion-of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and Workina 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: 30 I ITB 2015-267-KB MIAMIBEACH Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non- defective 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. 31 1 ITB 2015-267-KB MIAMIBEACH 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 Vvurk that render de it-'-unsuitable for-suc i 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. 32 I ITB 2015-267-KB MIAMIBEACH 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 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: 33 I ITB 2015-267-KB MI;MIBEACH 31.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor DS 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 34 I ITB 2015-267-KB MIAMIBEACH owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed 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. 35 I ITB 2015-267-KB MIAMIBEACH 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Chanae 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. 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. 38.3. 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. 38.4. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 39.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the 36 I ITB 2015-267-KB MIAMIBEACH 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 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 37 I ITB 2015-267-KB MIAMIBEACH 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, icers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. 39.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 38 I ITB 2015-267-KB M!AMIBEACH 39.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2. A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent (10%). 39.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of • the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and �.n e � � fee i i V I.. the basis of i itemized J 39.4.2:3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39 ITB 2015-267-KB M!AMIBEACH 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 Chanae 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 40 I ITB 2015-267-KB M[AMI B EAC H contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 42. Excusable Delay: Compensable: Non-Compensable: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, 41 1 ITB 2015-267-KB • MIAMIBEACH and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one hundred dollars ($100) per day for each caiendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any 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. 42 I ITB 2015-267-KB MIAMIBEACH 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (20) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 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. 43 ITB 2015-267-KB MIAMIBEACH 45.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 46.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 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. 44 I ITB 2015-267-KB MIAMIBEACH 47:2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 47.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 48. ® Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 49. Payment by City for Tests: Except when otherwise specified in the Contract Documents; the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City 51. Hurricane Precautions: 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 45 I ITB 2015-267-KB MIAMI B EAC H 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 52. Cleaning Up: City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination, Eaual Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this • Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, , or any other factor which cannot be lawfully used as a basis for service delivery. Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for 46 ITB 2015-267-KB MIAMI BEACH additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer, The MSDS must include the following information: b. The chemical name and the common name of the toxic substance. c. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion.; corrosion, and reaction; ii, The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. d. The proper precautions, handling practices, necessary personal protective equipment and other safety precautions in the i ice 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 Reaulations: 47 I ITB 2015-267-KB MIAMIBEACH 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 g performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 59. Cost Adjustments: The initial contract prices resulting from this ITB shall remain constant for one (1) year from the contract's initial effective date. 90 days prior to each anniversary date of the contract the City may consider an adjustment to the preceding year's unit costs for the subsequent year. Only request for increases based on a corresponding increase in the Consumers Price Index for the local urban market (CPI-U), as established by the United States Bureau of Labor Statistics, or material adjustments to the scope or requirements of the RFP by the City, including (but not limited to) living wage increases, will be considered. In the event that the City determines that the requested increase is unsubstantiated, the Contractor agrees to perform all duties at the current cost terms. Balance of Page Intentionally Left Blank 48 I ITB 2015-267-KB APPENDIX "A" h i tf A k A, if ¢ erg! c ;•,' S .P iI- A a C�iR`="a.Y '?mss° b Y i) Bidder Certification , Questionnaire Requirements Affidavit CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB 2015-267-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 49 I ITB 2015-267-KB :E E V _ i f Solicitation No: Solicitation Title: 2015-267-KB CONTINUING SERVICES-SEAWALLS Procurement Contact: Tel: Email: KRISTY BADA 305-673-7490 KRISTYBADA @MIAMIBEACHFL.GOV BIDDER CERTIFICATION,QUESTIONNAIRE IONNAIRE& REQUIREMENTS AFFIDAVIT Purpose:The purpose of this Bidder Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Bidders of certain solicitation and contractual requirements, and to collect necessary information from Bidders in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Bidder Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 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, 1. General Bidder Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Bidder or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information, or any information the City deems necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. 50 I ITB 2015-267-KB 1. Trench Safety Act, Pursuant to Section 553.63, Florida Statutes,known as the Trench Safety Act,bidder acknowledges that all work,as applicable,shall be in accordance with the requirements of the Act.The allowance for compliance with the Trench Safety Act is identified in the Bid Form.Any cost of compliance that exceeds the allowance shall be incorporated in the bidder's proposed costs for the project. SUBMITTAL REQUIREMENT: No additional submittal requirement is established. By virtue of executing this affidavit document„ bidder affirms that,at all times;it will be in compliance with the Trench Safety Act. 2. Veteran Owned Business.Is Bidder claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Bidders claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 3. Litigation History. Bidder shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Bidder shall submit history of litigation or regulatory action filed against Bidder,or any Bidder team member firm, in the past 5 years. If Bidder has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 4. Conflict Of Interest. All Bidders must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Bidder entity or any of its affiliates. SUBMITTAL REQUIREMENT: Bidders must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Bidders must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%) percent or more in the Bidder entity or any of its affiliates. 5. Suspension, Debarment or Contract Cancellation.Has Bidder ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? IYES I INO SUBMITTAL REQUIREMENT: If answer to above is "YES," Bidder shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions.Bidders are expected to be or become familiar with.the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has 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. 51 1 ITB 2015-267-KB en I 6 r. 1 v 7, Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Bidder shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Bidder may submit a statement indicating that it will adopt,as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 8. 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 proposals, to provide"Equai 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 for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Bidder 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/procurementl. 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Bidder agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 52 I ITB 2015-267-KB enA} J4 itt : F cur[I s `5i y! 0, Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Bidders or alter solicitation requirements.The City will strive to reach every Bidder having received solicitation through the City's e-procurement system, PublicPurchase.com.However,Bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Bidder has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. • 53 I ITB 2015-267-KB --5,- '` The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Bidders. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Bidders should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and ail Bidders will be bound only as,if and when a Proposal(or Proposals),as same may be modified,and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Bidders are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Bidder acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Bidder certifies that the information contained in the Proposal is true, accurate and complete,to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Bidders agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 54 ITB 2015-267-KB Ay p..c -rte. i --as-�.., �L'Tes �.�.•zE••as�.�,.,�,'_.MF'�-i+,a. �e - � _� ., -.. �Q r C _.. Ali. I r `_ �� _ t ... _ '.3 .�.,�.-.- -�-L-- .1�: �'�F�:ur'•-.-��F;7� r : ::r-i Y¢_,.,emu �e IDDL.L�e\jL ' � ',a -C'�'„i.�•:cSas 9F:�_;r zY ;ti.�"�:'t •-r J•'y"?u�- `''•�`y'-'t_+ti..-� .: F.-a:•:"� Vii•::,yru.�:,.,k?�:�. !,-..;?:-�,�{..�-stF{f-'.+.'..rc:-�?�'-ail�cr...n.-r-�-.i-.-EM�;F.:c;rs-n.«x�-:r uh-4.c.r..:4 ,3�,�a. reer:�r�ix::i*,., a,�'�Y��st%��.xni.Bwr�1;?.t'�< �.;T��F�'�� I hereby certify that: I, as an authorized agent of the Bidder, am submitting the following information as my firm's proposal; Bidder agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Bidder agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Bidder has not divulged, • discussed,or compared the proposal with other Bidders and has not colluded with any other Bidder or party to any other proposal; Bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Bidder's Authorized Representative: Title of Bidders Authorized Representative: Signature of Bidders Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: aN_ _ 55 I ITB 2015-267-KB APPENDIX B :-.4. Pi, .- 1A1 11 „-,,,,-, SP-7,,,,, trk t fly7.4 i A I -) 1 ?, i----A , -A .___„, i ,,, r, 1 if ,y y q 0g,i,..- ..,-..,....,-,-. .....,..---6-0._. ' No Bid , Form CONTINUING SERVICES AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE 1-FQ 20 II 5_267_KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 _, ,• ' - -.,-----,,,7.;,gi.-:.--- ,4i *--airt,-;;;tat,71.1,i4g/./Ipfl/ e).1.0 MPA▪ LW:1° gv• *4fr,,;twvtiq4:4',k,Azinfo 6 24-4_4475.2, •,::,, _!. A ,, 4r,„,,z,,_.--,f,,,,,,,g,i.fa....,:---a,--- -- '':--54- 44',-z..,,,- ,*IktfP4r,-4,-,,k--,:::,,--r,;,,,,,e.-,-,v-.,-,,,,nt,,,-,,,----,;6-qo-r,--if.,n-*,-, akr.--rt--rgo-Ttpayvo-F-A, --'-• '7--'-f---';----aft,i-Wjir-aQV_,--o-ri.:,,,,f,t-1.H'veg...-°giAqkv-N-t' -- 1714:.':":;;!',.,:j -9, ;WI 1*--tAbraVeribr_ M-Ta4.---,-.74AIR*2-1•7*Wie,*4-WM, ititIOSOMIttnagar-11 56 I ITB 2015-267-KB Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) ..cr�L- '....!u- .�l.rc. G:ti?:2=c !Y-�ir:,.,.:.i b=J-v.�ti+i-!-.f�:..�..�-rs.�.-�..••fit:e.=.�tl-•i::l:{+•.t7�!t � .-i.r I...ES�.¢-.-ra:>''L_�- ,.x.4.r...i+•..S c_Y2thsS. - -__. .. _.... We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Ent,,Tkn:=:�4��'1. _A'P.:��'r: _'u^!M:r( .-...�(.L•.,:!'i�5-i.'r! .;L'stiir•'.L�_'P.^iA:.::i•:aP.T.li<s�...::k!^a+�n'.•-__K�Y.S'i`lf:::14'.k°.w rrr�A ::'t"�^Yt',H�tirY??n"..,k"!G�=f�a:H^:�.:1!4zAP:'-Cfv.N,�"'tiT•'i _�"! Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Kristy Bada ITB # 2015-267-KB 1755 MERIDIAN AVENUE MIAMI BEACH, FL 33139 57 I ITB 2015-267-KB APPENDIX C 1 \if: 4 A A k, • - t n m; 114 k I V 5 g ; V Bid Tender Form CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB 2015-267-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 58 I ITB 2015-267-KB BID TENDER FORM City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2015-267-KB CONTINUING SERVICES FOR THE CONSTRUCTION OF SEAWALLS The Bidder also agrees to furnish, UPON REQUEST BY THE CITY, 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, may disqualify bidder. for �i iF' ul r��J�Vii, vv��vi i i�ia� uiJM UU��y vI...IV...i. 59 I ITB 2015-267-KB BID TENDER FORM Bidder affirms that the TOTAL BID PRICES include the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials,labor,equipment,supervision,mobilization,demobilization,overhead and profit,insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive.The Bid Price Form (Section 5)shall be completed mechanically or,if manually,in ink. Bid Price Forms(Section 5)completed in pencil shall be deemed non- responsive.All corrections on the Bid Price Form(Section 5)shall be initialed. In the event of arithmetical errors between the unit prices and the totals,the bidder agrees that the unit price shall govern. �-'°�. �y .•-rti a� d+><P ��icf- -Y ..+ �.,.-"'�': _s<.�+fr c,f�3-`-�u.- �c''';� '3'r...S1G�.e�•+.��- -'�:��l"` <�r � �L-.�:.: ya,��.,iXi•A1-*Y-faix.+r�;•t�T,:%�.� -y'�?'`,�"'+�s='-7t�. ':. L3� :r1 -i f - - rF•-+13S ''_`�' +.tS`IES"M;J-s�-'� �2 -�h(`iF"Si � ft'' }ty-- (-7y�'cJ�VO,,r_'i (�.bvrrFl..L:��wY.� ...Y f.,i. tlT+..��4_-i..AF>xK•y i ��i�.Y. �..-#(..��r� . ..C__ 4.. _..:.i-l/:Ci:.�': '�YWI i. CoStj1 r'l' Q uantit ?r._ , ,_,;( y_X�umt_cost), 1 SEAWALL:10'Max Depth,70'Max Length 350 LF $ $ 2 SEAWALL:10'Max Depth, 71'—150'Length 300 LF $ $ 3 SEAWALL: 10'Max Depth, 151'—500'Length 1000 LF $ $ 4 SEAWALL: 10'Max Depth,>500'Length 1000 LF 5 SEAWALL: 14'Max Depth,70'Max Length 140 LF $ I $ 6 SEAWALL: 14'Max Depth; 71'—150'Length 150 LF $ $ 7 SEAWALL: 14'Max Depth, 151'—500'Length 500 LF $ $ 8 SEAWALL: 14'Max Depth, >500'Length 600 LF $ $ 9 GUARDRAIL 300 LF $ $ 10 GUARDRAIL BOLLARD 50 EACH $ $ ALLOWANCE FOR COMPLIANCE WITH 11 TRENCH SAFETY ACT* 10 EACH $25.00 $250.00 (PER PROJECT AS APPLICABLE) ,� �L .. ��`-�--�"_-�-. ....anc.� ,Fe.'=�L "_� cu ,�Iy.�w..,..��2F42�YCi'�-asp, ,5... XI-' •sr' -1.'a: $ *Any cost in excess of the stated allowance shall be borne by the contractor as part of its bid unit process. Y �� 4.ya. �"sy 9w�,r,��`' „-� e�: jj^^yy- .::t •41 :n! , - 'S'�' -. .. n -..-�- n j.�� +,� � � 's ''?r.�'•'�tis>P�t i!i}kiu)-� Bidder Affirmations - � ;� � z .��_ - Company: — - -- - Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 60 ITB 2015-267-KB APPENDIX D a ..h. ,,k, :k A 4 ,t '1 , ' P i-L 1 ' 'i p ) i v4N E. it, gr_4,=.74-1,, :g 1 k 1 k t '' ,\ 'i`1, 4 -LI 6.,. 1 ii ir .?1_._.. :,:• 47..74., r: :I! ', , 1 A :, '-i , i .n.' -?-e, i - -,, .„..i.:_ 'g-• ,i! \i 1 I——% .e. ,.i 1, 1 a 5; ti -P' 1 Isk, =z ‘;' V 1 2 i \;I 'V ; 4 n----4. 2-,....:Zr % '.4,-', 40-, -4' 6, —....- Other Forms CONTINUING SERVICES AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB 2015-267-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 . . _.. ...._... .... __ ..___.._ 61 I ITB 2015-267-KB 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). • (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: 62 I (TB 2015-267-KB 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 63 ITB 2015-267-KB 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) 64 I ITB 2015-267-KB (City/State/Zip Code) Telephone No.: 65 I ITB 2015-267-KB 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. 66 I ITB 2015-267-KB 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.: 67 I ITB 2015-267-KB 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 68 ITB 2015-267-KB 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 69 I ITB 2015-267-KB 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 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 70 ITB 2015-267-KB 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 71 1 ITB 2015-267-KB 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. 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: 72 I ITB 2015-267-KB 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 73 I ITB 2015-267-KB 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) 74 I ITB 2015-267-KB day of 20 . - _ . 75 IT82Ol5-2b74(8 ,. APPENDIX E ,., ,,,ci 1k. A ,,,, A 1 A h it I 1-m-,k r,--, ..,,,,, _-,--,,„ 1 , } 3 tfa 1 „ i � A t-!I � 4 0 ;; ~tea A ir' Sample CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE IT 2015-267—K5 PROCUREMENT DEPARTMENT 17.55 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 76 1 ITB 2015-267-KB 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 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 thirty (30) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in 77 I ITB 2015-267-KB 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 hundred dollars ($100.00) 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 hundred dollars ($100.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for.which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 78 ITB 2015-267-KB 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 • Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 79 I ITB 2015-267-KB 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 (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. 80 I ITB 2015-267-KB 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. 81 1 ITB 2015-267-KB 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: 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 82 I ITB 2015-267-KB of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County; Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 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 83 I ITB 2015-267-KB 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. 84 I ITB 2015-267-KB 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 85 I ITB 2015-267-KB APPENDIX F :,,,,sI% \ A t A ,T , 1 if.\ tk A I 1,-,, .„ .r,-. ,,,,,,,,,; „,,,,,,, I ,,,, E 9 1-1. A E mot.. p i a ns Specifications CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITE 20 5-267.1L PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 86 I I T B 2015-267-KB APPENDIX F NOTES: • • THE FOLLOWING STRUCTURAL NOTES ARE FOR USE AS A GUIDE STANDARD. A STRUCTURAL ENGINEER OR ARCHITECT LICENSED IN FLORIDA SHALL PREPARE CALCULATIONS AND STRUCTURAL DRAWINGS AS PER FLORIDA BUILDING CODE (FBC) WITH SUBMITTAL. THE DESIGN SHALL PROVIDE A CONCRETE SEAWALL ASSEMBLY WITH A 30-YEAR USEFUL - SERVICE LIFE. THESE GUIDE STANDARDS ARE FOR THE REPAIR OF EXISTING SEAWALLS AND FOR THE CONSTRUCTION OF NEW SEAWALLS. THE STANDARD SEAWALL DETAILS SHOW THE REPAIR. GENERAL 1. ELEVATIONS SHOWN REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. 2. THE SITE SPECIFIC MEAN HIGH WATER (MHW) AND MEAN LOW WATER (MLW) LEVEL MUST BE INCLUDED IN THE PLANS. 1 IT IS THE INTENT OF THESE GUIDE STANDARDS TO BE IN ACCORDANCE WITH APPLICABLE CODES AND REQUIREMENTS OF AUTHORITIES HAVING JURISDICTION. 4. IT IS THE INTENT OF THESE PLANS TO COMPLY WITH LOCAL, STATE, AND FEDERAL ENVIRONMENTAL PERMITS ISSUED FOR THIS PROJECT. IT SHALL BE THE OWNER'S RESPONSIBILITY TO FAMILIARIZE AND GOVERN HIMSELF BY ALL PROVISIONS OF THESE PERMITS. 5. APPLICABLE BUILDING CODE: FLORIDA BUILDING CODE (FBC) 2010 OR CURRENT EDITION. 6. STANDARD SEAWALL DESIGN IS FOR NON-OCEANFRONT PROPERTIES ONLY. FOR LOCATIONS SUBJECT TO STORM SURGES WITH POUNDING SURF, ERODING SHORELINES AND WAVES OVERTOPPING FROM COASTAL STORM EVENTS, THE STANDARD SEAWALL DESIGN SHALL NOT BE USED. 7. AS-BUILT/RECORD SURVEY WILL BE REQUIRED UPON COMPLETION OF SEAWALL. SURVEY SHALL BE PERFORMED BY A PROFESSIONAL SURVEYOR AND MAPPER LICENSED IN THE STATE OF FLORIDA. REFER TO CITY OF MIAMI BEACH PUBLIC WORKS MANUAL PART 1 SECTION 1 A.2. PRECAST CONCRETE PILING 1. PRECAST CONCRETE PILES SHALL BE 12"x12" OR 14"x14" PILES WITH 5000 P.S.I MIN. CONCRETE AND 4-1/2" DIA. 270 K.S.I. ASTM A416 LOW-LAX STRANDS WITH 2 )" MIN. CONCRETE COVER TO TIES. THEY SHALL BE DRIVEN TO A MINIMUM BEARING CAPACITY OF 25 TONS WITH 12' MINIMUM PENETRATION INTO FIRM MATERIAL BELOW SILT LAYER. A SUB-SOIL INVESTIGATION AND REPORT SHALL BE PROVIDED BY A CERTIFIED GEOTECHNICAL ENGINEER LICENSED IN FLORIDA. BATTER PILES AT 4:12 SLOPE WHERE SHOWN ON PLANS. • CONCRETE AND REINFORCING STEEL 1. ALL CONCRETE (EXCEPT PRECAST PILES) SHALL HAVE A 0.40 WATER/CEMENT RATIO AND SHALL ATTAIN A MINIMUM COMPRESSIVE STRENGTH OF(f c) 5000 P.S.I AT THE END OF 28 DAYS. FOUR (4) CONCRETE CYLINDERS SHALL BE TAKEN FOR EACH 50 CUBIC YARDS OR FRACTION THEREOF AND SHALL BE TESTED AT 3, 7 AND 28 DAYS. SLUMP SHALL NOT EXCEED 5" (+/- 1"). 'f 2. ALL REINFORCEMENT SHALL BE 60000 PSI MINIMUM YIELD (Fy) NEW BILLET STEEL IN ACCORDANCE WITH ASTM A615 GRADE 60. ALL BAR LAPS SHALL BE A MINIMUM OF 48 BAR DIAMETERS. PLACING OF REINFORCEMENT SHALL CONFORM TO THE LATEST ACI MANUAL OF STANDARD PRACTICE CODES. 3. ALL CONCRETE SHALL BE PLACED WITHIN 90 MINUTES FROM BATCH TIME, AND VIBRATED AS REQUIRED BY THE ACI 9 MANUAL OF CONCRETE PRACTICE. TEMPERATURE OF CONCRETE AT THE TIME OF PLACEMENT SHALL BE BETWEEN 75' AND 100' F. r; SOIL :2 1. NEW FILL MATERIAL SHALL BE CLEAN FILL WITH NO ORGANIC OR OTHER DELETERIOUS COMPONENTS, AND SHALL BE ` COMPACTED IN 12" (MAX.) LIFTS TO AT LEAST 95% OF THE MODIFIED PROCTOR MAXIMUM DRY DENSITY (ASTM D-1557). • • • • J' • • • • { • fi i APPROVED REVISED T I,_. _. ...•._,.. .�...... ; f � r 4 >; SEAWALL NOTES BS1 PUBLIC WORKS DEPARTMENT 07/2015 1700 OG11VctIT]Cf CENTER 5 IVE.!.I1:;.1I BEACH.FL3:1 2S • NEW 36° WADE x 16° DEEP CONCRETE SEAWALL CAP ALUMINUM PIPE GUIDE RAIL WITH (5) #5 CONTINUOUS BARS T&B & #3 CLOSED PER FDOT INDEX 870 TIES 0 12° O.C. AND (3) #3 CLOSED TIES 0 EACH SIDE OF EACH PILE O 3° 0.C. VERIFY CAP REMOVE EXISTING SEAWALL CAP AS REINFORCING BY STRUCTURAL CALCULATIONS REQUIRED TO CONSTRUCT NEW WALL • PROVIDE #6 HOOKED DOWEL DRILL & EPDXY 12' MIN. INTO KING PILE 36°MIN. ALL EXPOSED EDGES TO BE I e°MIN. ' • 3 D PILE STRANDS ' CHAMFER 12L9 15° MIN. INTO CAP I y 1 SOD ; SOD ; SIDEWALK s T.O. PROPOSED CAP °rot '—!. I I ri NIN.EL-+7.25 NGVU 19I I • Ii i • I —.r .► IIIN.ELa+57U'NAND1988•/� ; / i/j % f�/ /.- r'' �i.`/. . .-Lai � _ ^ SEE STANDARD CONCRETE \ SIDEWALK DETAIL 12 / MHW i EXISTING SEAWALL TO BE REPAIRED OR:.- —•- ' �B..-_J4AVD 88 ',MODIFIED. ACTUAL CONDITIONS WILL VARY / ' / I MLW m NEW SEAWALL PANEL PLACED IN _ EL,=_NAND 88 a0 \ FRONT OF EXISTING WALL. SEE REINFORCING DETAIL ON SW4 2 NEW 9° THICK PRECAST j CONCRETE BULKHEAD PANEL ` WHERE WAVE ACTION OR SWIFT CURRENTS ARE ANTICIPATED PLACE FOOT RUBBLE �—' RIP—RAP (BANK AND SHORE) ON 2:1 SLOPE — - �= �— APPROX. TO CONTROL EROSION z p / , - NEW 12-x12- PRECAST KING PILE AT __ 10'-0' 0•C• WITH 12' MIN. EMBEDMENT _ �+ ` f% INTO FIRM MATERIAL PILES TO HAVE A / ��` � -_25 TON CAPACITY `,`� , % Imo • ,,�,- -t__ APPROX'FACE OF eon i`� NEW 12°x12° PRECAST BATTER PILL : \D / 1.i O571NG.WALL-PARTIALLY v ', � � :-,:,`'' ADJ. TO KING PILE AT 10'-0' O.0 FAIUNG AND ROTATING �_ j tn WATH 12' MIN. EMBEDMENT INTO FIRM � ._ MATERIAL PILES TO HAVE A 25 TnN i CAPACITY ; ; ,,,\ /. . ) :-.2.---- / // ` o / �;,1.----"' '/ / .-/-*\''-*\li .v7 ,`/ • U V- J: a; 7, is m Y. U, SEAWALL SECTION 1 a FOR RETAINED FILL NOT TO EXCEED 10'-0" DEPTH S NOT TO SCALE 0 m: - :1 = f; :a:_" :3 SEAWALL - 10' MAX, DEPTH BS2 F--;: PUBLIC WORKS DEPARTMENT 07/2015 W SECTION VIEW i 1 700 CONVENTION CEII i ER DRIVE.MIAMI ECACI!=!'_313 I l .., '.? .:., I q „,.. , .\ / I-... .. . .., -2-, -. '--, N ..< M —I = . 1 `• ,j.i..1 'CZ) SD < < 7b M L.L.1 C.) '...7 ,... N— 0 L I N u..1 ci = -, v) = Z o c.) z ,_0 o „ ---, 'cl_ 0 = "o c) . 0 cc :-,-. It 1.1.1 Lu 1- cn CL --.1 QO . = L.,..1 a c...) ,„ ',„ --,„ I-- ___I o .• CL L.L.I -1 • M < Z z E Li_ C:1 Ci b .-- . = ct) . . LLJ -..: ■J I Z Ci- . X V w 0 ce , ...,- 2 = 0 N.----. .--; cn -,• ).. I V• < 2 N m :6.; •,'''''''' , c 0; 0, \ 0 -CI 2■ -. I , „. ,,-- 1:2, . N, 1....., -, --I 0 Z 2 i Z 0 1;c.ni R!= , ,- dVO 11VMV3S 'ONO° „0-,9 IN LiJ 'NM „0-,2 cm: -ca_ a.: -51 gl c.: 2 f APPROVED REVISED TITLE: 2, ft A i -r., i't A :i-,•) .1— 6 ( :-4.---1! SEAWALL — 101 10' MAX. DEPTH BS3 c5- PUBLIC WORKS DEPARTMENT Q7,20,5 PLAN VIEW 1700 CONVENTION CENTER DRIVE,MIAMI BEACH,FI-33135 A 4.. 5" 5„ • • • Z 0 F- • X LJ Q • O W I � W #5 HORIZ BARS ©6" • O.C. • • \—#5 VERT BARS ©12" • 0.C. • • • Ti col �t L ( j FOR 10'-0" 0/C KING PILES, VERIFY FIELD CONDITION AND 9' FABRICATE PANELS 2" SHORTER THAN ACTUAL KING PILE TO SPACING NOTES: 1. VERIFY PANEL THICKNESS AND REINFORCING BY STRUCTURAL CALCULATIONS. 2. #5 VERTICAL BARS EXTEND 12" MIN. BEND PER SECTION DETAIL AFTER PANELS ARE IN PLACE. STANDARD SEAWALL PANEL ELEVATION FOR RETAINED FILL NOT TO EXCEED 10'-0" NOT TO SCALE '. j �.c: t� > y APPROVED REVISED TITLE: I L_. .. _ _..... tr` SEAWALL - 10' MAX. DEPTH I F ;: ; 1g .::: B S4 PUBLIC WORKS DEPARTMENT -, 1700 COrVENTIOt rcrc4 DRIVE MIAMI B=nC H.FL.33735 STANDARD PANEL ELEVATION • 7 • A NEW 38' WADE x 16' DEEP CONCRETE SEAWALL CAP WITH (5) /5 CONTINUOUS BARS T&B & #3 CLOSED ALUMINUM PIPE GUIDE RAIL PER FDOT INDEX 870 TIES O 12' 0.C, AND (4) 13 CLOSED TIES O 4' O.C. O EACH SIDE OF EACH PILE. VERIFY CAP REMOVE EXISTING SEAWALL CAP AS REINFORCING BY STRUCTURAL CALCULATIONS REQUIRED TO CONSTRUCT NEW WALL PROVIDE f6 HOOKED DOWEL DRILL 12° MIN. INTO KING PILE 38" MIN,ALL EXPOSED EDGES TO BE D PILE STRANDS r CHAMFER B` MIN. • ,70ENecEPDXY ' MIN. INTO CAP z I 1 !1' s 8' ` ! „ ! ! j SOD i SOO I SIDEWALK ' ! T.O.� PROPOSED CAP I i ^�— ' AIIN.EL-+7.25'NM 1929 I I . 111N.EL=+5.70'NAND 1988 _ \ SEE STANDARD CONCRETE _ ' SIDEWALK DETAIL 12 \`\ _1' _ / ,r MHW 1\ EXISTING SEAWALL TO BE REPAIRED OR-- ' f, ,/ 'EL=�IAVD 88 \MODIFIED. ACTUAL CONDITIONS WILL VARY 1 i 1 `' 1111 MLW • NEW SEAWALL PANEL PLACED IN '/ $EL=_NAND 88 m• FRONT OF EXISTING WALL. SEE .' -ID 1 REINFORCING DETAIL ON SW4 NEW 9' THICK PRECAST 1 =� /' 2 CONCRETE BULKHEAD PANEL ��1 WHERE WAVE ACTION OR SWIFT CURRENTS • ----{ ARE ANTICIPATED PLACE FDOT RUBBLE \ RIP-RAP (BANK AND SHORE) ON 2.1 SLOPE �-`. i! �_ APPROX. TO CONTROL EROSION I\ ____L:- 5 �- NEW 14'x14' PRECAST KING PILE AT ' 2 c ' / - 1v—o- O.C. WITH 12' MIN. EMBEDMENT �-' Z / INTO FIRM MATERIAL PILES TO HAVE A -- ,_._� a a c°' • ; ~' r,-�25,iTON CAPACITY >'-.•--:i---5;:,::_ i ' -' , -----.. .:,, ' :\ ': ' '7.'.-- .. ' < -" 1 -- ;T:O"Bc_?! (MI-�'DI -!NE) �� I`'APPROX FACE OF'''=" J NEW 14'x14' PRECAST BATTER PILE \EXISTING WALL-PARTIALLY‘ FAILJNG ANDL20TATING ^� ADJ. TO KING PILE AT 10'-0' O.0 vi i _ —��`, �` WITH 12' MIN. EMBEDMENT INTO FIRM �,'` " MATERIAL PILES TO HAVE A 25 TON c -Y, --•7 /: J CAPACITY ! \ / ---V.\L-'/ . >..-.. '.. '• illi / o \\ j an \ 2 U • V Z \ Y \ Za Q I N Y 1 SEAWALL SECTION 2 U FOR RETAINED FILL NOT TO EXCEED 14'-0" DEPTH t NOT TO SCALE 0 • m E i., i _ E hI��Y.^.'VCJ REVISED TITLE: Es' f'3 'ytj=1 =�'§ SEAWALL - 14' MAX. DEPTH BS5 PUBLIC WORKS DEPARTMENT o r_o,s SECTION VIEW W 1700 CJ�7�/E:!%IC:!Ccl:%c'n URINE,I.iIR I-0�Ec:CH FL-7J.JS • . ••.-- '\..., , •--7, .. „ -', ,,;-- \ „ c:,:-.; ;-, .• '`. ,;• \„. . ,:,-• ,,I V ,.. , • •i: _ _\ / 1,.., ••'7t'' , \ -•,.' . ........ .----\i' '-. . . •07`■ , ...:C M —.I - --I-•\. Y LL_I < - . < , •it- \., \--1 ci ,7 - I.J.J v I° L ci cc , cn -,--: I.. Z z . ... ::, ...,0 'CL .._ 0 = 1-- L.LI Lu 03 .7sc --I U • 0_ L.Li , 1''\--„,1 _ _ ,7 cn = ‘ M Y < ' I-- LJ_ o E z • 0 . cn. , Y , < 51 < Z .- ,-_- LI-I•: 5 1 1 II- . 1 cn _ •-,7 ' ....-. `-. CI- et, ' \ , 1 \ _ cc: c-• . 11 cv m -\ -•:-.: c: ,...,,, o t. . 0, • co 8 r,____■---1/___ ,, .• . ¢ M; cT_ 'Cc , . c...1= vr z 0 le, I=._ cIVO 11VMV3S 'ONOD 0:1; -•ct-LI-1 .N WI „Z—,C a.. 2' CO, 1 APPROVED REVISED 1]T1. 5 E: PUBLIC WORKS DEPARTMENT 07/2.015 a; 1700 CONVENTION CENTER DRIVE,MIAMI BEACH,FL33138 • , SEAWALL - 14' MAX. DEPTH I PLAN VIEVV 1 BS6 . 4'' 5" 5" N - • • • • • • • • • • • • • • z • < • o_ cr) #5 HORIZ BARS ©6" • 0.C. • • • #5#5 VERT • BARS ©12" • • 0.C. ,• • • • ••; • • . ■ f \_ I 5" (TYP.) 9„ FOR 101-0" 0/C KING PILES, VERIFY FIELD CONDITION AND FABRICATE PANELS 2" SHORTER THAN ACTUAL KING PILE TO Q SPACING •-41 NOTES: 1. VERIFY PANEL THICKNESS AND REINFORCING BY STRUCTURAL CALCULATIONS. • 2. #5 VERTICAL BARS EXTEND 12" MIN. BEND PER SECTION DETAIL AFTER PANELS ARE IN PLACE. • •.• STANDARD SEAWALL PANEL ELEVATION FOR RETAINED FILL NOT TO EXCEED 14'-0" NOT TO SCALE _ • • - i-RPRC,VED REVISED TITLE. A A • / \ SEAWALL - 14' MAX. DEPTH BS7 PUBLIC WORKS DEPARTMENT 07:2015 • 1700 CONVEHTION CEUTER t.i..11 E3EACH..L.33,. STANDARD PANEL ELEVATION r • STANDARI3 I. U' MOLT FOR BOLT 11/15'DiA.— I exextr NOMINAL n . AND WASHER /--. TREATED 71M9=?9 OCA 4 5/8'MA.S?JCE BOLTS f 1 I ; T I LL h.LI (5 REMO.) �L I � IIrI, 7 h REFVECTOR ASSEMBLY It .. (AT 50'L. VAL) I El m • 1/2°CHAMFER , I - A'1 CORNET'S 3 i k . 5/3 DIA PC I BOCT AND c i��1/c PL AT 2.O1 1FAH R •I I.--1 — _ END CIJAf1r-:R[ . I i Ili I I m y a I 6' SEAM TIP_GuA.R�•RAL ^ c l • (12 GA STEEL OR 0.125 N r W .- • n .3 it7fA MAX. AILL?,O 2 24-T3 AS S?cCIF1'D}. C j.� Y�".1 1 c l .may,,. I I 1- wl, I �' I/2'DIA. c� / ? !-' F BARS 6.-1" trt 0 �. /' tI LONG W �n / 6A'+Ct AND COMPACT �T Z a J// / O` IN 1'LAY' S o i. d z :.1 i 1 IM I L . w 4 ,n i I � j I /a * ,�.s..l 161 I POST ThJSTA1 A TION F..EWFORCED CONCRETE POST 123'MIN. OV'iJP AT RAIL S?LIL LAP Ik'DIRECTON1 OF TRAWL E4 • U • 12'-6'C.C. {.SEE NOTE 4) LAP 24 IRECT�ON BEAM TYPE CUA_RD RAIL OF TRAVO. 7 ---4,0,:, FLARED c..'I.CT SECTION TERMINAL I I 1 I i • l .*___9:,l f OONC.. POST W'04AMr R L..—i'CLR. 11 �� I ';,;y .4'LENGTH CF fLr ECTCRILD BE i'MO `1 a SECTION TAPE CENTER OF EACH ...u TOP RAE CT1ON ELEVATION OF BARRICADE'A'.0 Tr✓LA i7niN NOTES: (, CONCRETE POSTS SHALL BE PAINTED Wfi'H AN 80 riilTE PORTLAND CEIJE`IT PAINT AFTER INSTALLATION. 2. ALUMIRILi RAIL E'=hLN ALL BOLTS SHALL BE ALUMINUM ALLOY 2024-74(ASltd SFECIFICATDCNS 0-211,LATEST ISSUE)WITH }O MINUTE ANO=Z AND 30 MINUTE SEAL.ALL HEX NUTS SHALL BE ALUMINUM ALLOY 6061-TS,NOT ANODIZE.ALL WAS OIS SHALE.BE ALCLAD 2024-74 ALLIMI.NUM ALLOY,NOT O N: . 1 3. ma RAIL S-5017: • ALL FASTENINGS, INCLUDING NUTS,BOLTS B'BARS SH.41J.BE GALVANiL ST_EJ- T=..EL RAIL DiM flS.SHALL SE SUPPLID SHOP PRIMED.AFTER E.RECTION,RAIL ELEMENTS I SHALL BE PAINTED WTH ONE COAT RUST I.N:IIBIT1VED PAINT: FOLLCWD,AT LEAST 24 HOURS LAT=.R, BY THREE MATS'OF SUITABLE WHITE GUARD PAL PANT.(S R.D.S?ECFICAT1ON-CODE W-1 OR EGL'AL) I 4. AT ALL'DEAD EMC'ROADWAYS AND,AT T-Pr'T-'r,SEC iIONS ADJACENT TO CANAL•OR DITCH, POST PACING SHALL BE 6'-3'EXTNDIHO THE FULL WIDTH OF THE INTO'SECTING ROADWAY KR�j70`WAY. 3L J1�P�i..l.!_7L A (.�T 1.NT,..l. TZ„VET L ilk Rte"H...a.a Y E N TS. April, i.,•9 64 OR:MA i DEPARTMENT OF PUBLIC; WORKS P-1 I+ffSC. 35-85-35 �CK CITY OF MIAMI. FLORIDA ! S,�eet 1 0 KEARNS • CONSTRUCTION CO•CGC 060194 INVITATION TO BID CONTINUING SERVICES(AS NEEDED) FOR THE CONSTRUCTION OF SEAWALL CITYWIDE ITB No.2015—267—KB City of Miami Beach. Bid Issuance Date: September 22, 2015 Bid Date: September 25, 2015 before 3:00 PM Issued By: Kristy Bada, Contracting Officer Procurement Department 1755 Meridian Drive,3rd Floor Miami Beach, Florida 33139 Name of Bidder: Kearns Construction Company Address of submitting Bidder: 4101 Braganza Ave, Miami, Florida 33133 Email Address of contact person(John Kearns): Jkearns@KearnsConstruction.com Phone number of Bidder: 305 4610310(office)or 305 975 8878(cell) Fax Number of Bidder: 305 461 1892 Federal Tax Number: EIN 77—0615005 Company Declaration: Kearns Construction Company is a Corporation Signature of an Officer or other individual of the submitting Bidder who has the authority to bid said bidder: azaaw John Kearns—CFO Kearns Construction Company November 25,2015 Printed name of the authorized signing officer or other individual: John Kearns Title of the authorized signing officer: CFO Table of contents: See the attached. • 4 1 0 1 BRAGANZA AVENUE • MIAMI, FLORIDA 33 1 33 • TEL: 305-461 -0310 • FAX: 305-461 - 1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO • CGC 060194 Table of Contents Tab A -Appendix"A" -Bidder Certification, Questionnaire& Requirements Affidavit -Disclosure and Disclaimer Section -Kearns Construction Company's Bonding Prequalification Letter -Three Reference Letters(Rickenbacker Marina, Marina Palms&By His Grace Construction -Bid Information Summary -Campaign Contribution Statement -Business Ethics Statement -Litigation History/ Last Five Years -General Contractors' License -Local Business Tax Receipt -Kearns Construction Company Certificate of Insurance -Kearns Construction Company Flow Chart -Kearns Construction Company Staff Resume -Kearns Construction Company Completed Projects -Kearns Construction Company's Project Photos TabB -Appendix B, No Bid Form (NA) TabC Appendix C—Bid Tender Form TabD Appendix D—Other Forms 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com APPENDIX "A" G MIAMI BEACH Bidder Certification , Questionnaire & Requirements Affidavit CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB 201 5-267-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 49 I ITB 2015-267-KB al i r 1 Solicitation No: Solicitation Title: 2015-267-KB CONTINUING SERVICES-SEAWALLS Procurement Contact: Tel: Email: KRISTY BADA 305-673-7490 KRISTYBADA @MIAMIBEACHFL.GOV BIDDER CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose:The purpose of this Bidder Certification,Questionnaire and Requirements Affidavit Form is to inform prospective Bidders of certain solicitation and contractual requirements,and to collect necessary information from Bidders in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated.This Bidder Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 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. 1. General Bidder Information. FIRM NAM No of Y a Co- vS C)cyl 4-(�°c_..k- ` ef',11106Lvi rs in Bu ness: No of Y ars in Business Locall OTHER N' : (S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM RIMARY ADDR S(HEADQUARTERS):0,6 c_i CITY: 00_,, 7.,.._ 4_,,,,— 1` 6_01 4 STATE: ZIP CODE TELEPHONE N0.' P TOLL FREE NO.: K1 A FAX NO.: . FIRM LOCAL ADDRESS:. CITY: �{ I C, , Z-61..- 4V(-3-Q--_ STATE: ZIP CODE: 1 3 PRIMARY.ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: _CI -� �� ACCOUNT REP TELEPHONE NO.: ;SOS ' C)y3 i 0 q,--/s275 �ACCOUNT REP TOLL FREE NO.: �J e C9 ACCOUNT REP EMAIL: t FEDERAL TAX IDENTIFICATION NO.: -7 — • f aC)� The City reserves the right to seek additional information from Bidder or other source(s), including but not limited to:any firm or principal information,applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. 50 I ITB 2015-267-KB , /V\I BFA Hi 1. Trench Safety Act.Pursuant to Section 553.63,Florida Statutes,known as the Trench Safety Act,bidder acknowledges that all work,as applicable,shall be in accordance with the requirements of the Act.The allowance for compliance with the Trench Safety Act is identified in the Bid Form.Any cost of compliance that exceeds the allowance shall be incorporated in the bidder's proposed costs for the project. SUBMITTAL REQUIREMENT: No additional submittal requirement is established. By virtue of executing this affidavit document„ bidder affirms that,at all times,it will be in compliance with the Trench Safety Act. 2. Veteran Owned Business.Is Bidder claiming a veter owned business status? YES NO SUBMITTAL REQUIREMENT: Bidders claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 3. Litigation History.Bidder shall submit a statement of any litigation or regulatory action that has been filed against your firms)in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s),provide a statement to that effect.If"No'litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. • Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. • SUBMITTAL REQUIREMENT:Bidder shall submit history of litigation or regulatory action filed against Bidder,or any Bidder team member firm, in the past 5 years. If Bidder has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 4. Conflict Of Interest.All Bidders must disclose, in their Proposal, the name(s)of any officer,director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Bidder entity or any of its affiliates. SUBMITTAL REQUIREMENT: Bidders must disclose the name(s) of any officer, director, agent, or immediate Tamil g � family member (spouse,parent, sibling, and child)who is also an employee of the City of Miami Beach. Bidders must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Bidder entity or any of its affiliates. 5. Suspension, Debarment or Contract Cancellation.Has Bidder ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by any publi ector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Bidder shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions.Bidders are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has 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. 51 1 ITB 2015-267-KB iv\1,A,/V\iBEACH 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Bidder shall submit firm's Code of Business Ethics. in lieu of submitting Code of Business Ethics, Bidder may submit a statement indicating that it will adopt,as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. 8. 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 proposals,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 acc s to any benefits to employees with spouses or to spouses of employees? YES ( I 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? ir/1 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 for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave cf Family Medical Leave Bereavement Leave If Bidder 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/. 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes;as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on&contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Bidder agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 52 J ITB 2015-267-KB 6_1 Iv\ \,/ ! 10. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which May provide additional information to Bidders or alter solicitation requirements.The City will strive to reach every Bidder having received solicitation through the City's e-procurement system,PublicPurchase.com.However,Bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Bidder has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 � Addendum 11 Addendum 2 l Addendum 7 Addendum 12 Addendum 3 ,/' Addendum 8 Addendum 13 ---- Addendum 4 � Addendum 9 Addendum 14 Addendum 5 Addendum 10 / Addendum 15 If additional confirmation of addendum is r quired,submit under separate cover. 53 I ITB 2015-267-KB (P. M 1 Lb\t . H DISCLOSURE AND DISCLAIMER SECTION¢" The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipients convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. • In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Bidders. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Bidders should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Bidders will be bound only as,if and when a Proposal(or Proposals),as same may be modified,and the applicable definitive agreements pertaining thereto, are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Bidders are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the-Bidder acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Bidder certifies that the information contained in the Proposal is true,accurate and complete,to the best of its knowledge,information, and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Bidders agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto,or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00'as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent'any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclbsure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 54 J ITB 2015-267-KB , 0M /\./\1,,-,,/v\i BEAC --1 T BIDDER CERTIFICATION - _ • - I hereby certify that: I, as an authorized agent of the Bidder, am submitting the following information as my firm's proposal; Bidder agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Bidder agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Bidder has not divulged, discussed,or compared the proposal with other Bidders and has not colluded with any other Bidder or party to any other proposal; Bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Bidder' Authorize Representative: Title of Bidder's Authorized Representative: -, C___ p0 Si nature of Bidder's Autho.ze epresentative: Date: '"A CD let .42_02...-clet—dS i 1 I 7,5 /2_0/S State of FLORIDA ) On this 25-day of A,O��20L�ersonall appeared before me afnS R y PP �,��j�e who County of 11r46f,- ,Ae ) stated that (E)9 is the Goo of f Ce cvdic 69054: , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be il olun ry act and deed. Before me: " JAMES 8.SULLIVAN 0 p• `.rc? Notary Public-State of Florida ,�,o �'i •• My Comm.Expires Oct 19,2018 =.9,rte- °, Commission#EE 840795 r a,." ��, Bonded Through National Notary Assn. R 55 I ITB 2015-267-KB t • NIELSON, HOOVER & ASSOCIATES , I November 13, 2015 City of Miami Beach Miami Beach, Florida • RE: Kearns Construction Company—Prequalificatlon Letter—Project: City of Miami Beach Seawall Solicitation no. !TB 2015-267 To Whom It May Concern: This is to advise you that our office provides Bid, Performance, and Payment Bonds for Kearns Construction Company. They are currently bonded with Westchester Fire Insurance Company an A.M. Best's Rated A++/XV surety company. Based upon normal and standard underwriting criteria at the time of the request, we should be in a position to provide Performance and Payment Bonds for single $ projects of$15,000,000 and a total program capacity of$20,000,000 aggregate. 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 Keams Construction Company and their shareholders to be an excellent contractor/client and we hold them in the utmost highest regard. Over the years, we have issued numerous bonds, all completed to great satisfaction. Obviously, we feel extremely confident in our contractor 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. • V Ty truly yours, ha e J. ielson Resident Agent 8000 Governors Square Boulevard Suite 101 Miami Lakes.FL 3.3016 P:305 122.266 3 F-305 558 9650 a RICKENBACKER MARINA,INC. KEY BISCAYNE,FL Tel:305-361-1900 3301 Rickenbacker Causeway Fax:305-361-2036 Key Biscayne.Florida 33149 Email:rickenba abellsuuth.net www.rickenbackermarina.com Re: Seawall Reference Letter/City of Miami Beach ITB No. 2015- 267- KB 1. Client Name: Rickenbacker Marina, Inc. 2. Contact Individual Name and Title Aabad R. Melwani, Esq., CMM Owner/President 3. Address: Rickenbacker Marina 3301 Rickenbacker Cswy Key Biscayne, FL 33149 4. Telephone: Office 305-361-1900;Cell 305-761-7720 5. Contact's Email: am @rmirnarina.com 6. Narrative on Scope of Services Provided Kearns Construction Inc. has dutifully and promptly completed all projects, with a cumulative value of approximately Two Million Dollars($2,000,000.00) for Rickenbacker Marina, Inc. within budget and schedule since 2010. Projects included are dock and pile construction,dredging, 1200 sq. foot concrete loading pier, 740 linear foot seawall. 7. Project Commencement and Completion Dates: July 2011 -October 2011 740 Linear foot seawall along the entire northern perimeter of the property at 3301 Rickenbacker Cswy, Key Biscayne, FL �.p Yours on the fir, a•a R. Mel ani .. a., C'► V Rickenbacker Marina, c. MARINA PALMS YACHT CLUB & RESIDENCES M I A M I November 13, 2015 City of Miami Beach Procurement Department Subject: Kearns Construction/Reference Letter ITB No.2015 267-KB To Whom It May Concern: The Plaza Group is pleased with the seawall work completed by Kearns Construction Company. This seawall work is located at Marina Palms(17201 North Biscayne Blvd,North Miami Beach, Florida 33160) and was completed in 2014. Kearns Construction Company installed 185'of new seawall. In addition, Kearns Construction Company corrected about 100'of existing seawall that was built by a prior seawall contractor. The Plaza Group has worked with several other marine contractors. Kearns Construction is our favorite marine contractor. In summary,we are pleased with Kearns Construction Company's seawall work and are happy to recommend them for future seawall work. Should anyone require any additional information,please contact me. Very truly yours, • Ed Bec Project Representative Marina Palms/The Plaza Group Cell: 305 454 3214 Email: EbecaDlaza-group.com Cc. Larry Jankins—Project Executive/The Plaza Group - .-li ! , 6 ,■ -_, 3 4..51 BY 0 NW 1381"Street,Suite Al HIS GRACIB 1084 Hialeah Gardens,FL 33018 'IICONSTRUCTION CGC1516455 To: City of Miami Beach 1700 Convention Center Drive Miami Beach,FL 33139 RE: Kearns Construction -Big Fish Seawall I would be my pleasure to confirm Kearns Construction is a very experienced and knowledgeable marine and Seawall contractor. Kearns construction completed a Shoreline restoration and Seawall replacement on Miami River. Total project was 299 In ft of shoreline replacement. Kearns construction delivered all materials and labor to the Job in an efficient and clean manner. Throughout the project scheduling and issue tracking were maintained in a professional manner. Kearns' Team proved to be problem solvers and hard workers. The project was located at 55 SW Miami Ave Road, and commenced September 2011 and Completed in February of 2012. Should you have any questions or concerns feel free to contact me. Regal .s, j { Char 's M •mmott, Qualifier Cmemmo t @byhisgraceconstructiou.com (305) 642-3520 Phone: 305-642-3520 Fax: 305-642-3520 Kearns Construction From: Charles Memmott <cmemmott @byhisgraceconstruction.com> Sent: Friday, November 13, 2015 11:53 AM To: Kearns Construction Subject: Fwd: Message from "RNP002673A887EE" Attachments: 20151113115206376.pdf good luck Best Regards, Charles Memmott By His Grace Construction 10840 NW 138th St, Suite Al Hialeah Gardens, FL 33018 PH(305)642-3 520;FX(305)643-9503 cmemmort @bvhisurraceconstruction.corn ****This message, including any attachments hereto, may contain privileged or confidential information and is sent solely for the attention and use of the intended addressee(s). If you are not an intended addressee, you may neither use this message nor copy or deliver it to anyone. In such case, you should immediately destroy this message and kindly notify the sender by reply email. Forwarded message g From: <scanfaxcopier @mailbox.com> Date: Fri, Nov 13, 2015 at 11:52 AM Subject: Message from "RNP002673A887EE" To: Chuck<CMemmott@byhisgraceconstruction.com> This E-mail was sent from "RNP002673A887EE" (MP C2003). Scan Date: 11.13.2015 11:52:05 (-0500) Queries to: scanfaxcopier @mailbox.com • 1 KEARN CONSTRUCTION CO•CGC 060194 INVITATION TO BID CONTINUING SERVICES(AS NEEDED) FOR THE CONSTRUCTION OF SEAWALL CITYWIDE ITB No.2015—267—KB City of Miami Beach Bid Issuance Date: September 22, 2015 Bid Date: September 25,2015 before 3:00 PM Issued By: Kristy Bada, Contracting Officer Procurement Department 1755 Meridian Drive,3rd Floor Miami Beach, Florida 33139 Name of Bidder: Kearns Construction Company Address of submitting Bidder: 4101 Braganza Ave, Miami, Florida 33133 Email Address of contact person (John Kearns): Jkearns @KearnsConstruction.com Phone number of Bidder: 305 4610310(office)or 305 975 8878(cell) Fax Number of Bidder:305 461 1892 Federal Tax Number: EIN 77—0615005 Company Declaration: Kearns Construction Company is a Corporation Signature of an Officer or other individual of the submitting Bidder who has the authority to bid said bidder: John Kearns—CFO Kearns Construction Company November 25,2015 Printed name of the authorized signing officer or other individual: John Kearns Title of the authorized signing officer: CFO Table of contents: See the attached. 4 1 0 1 BRAGANZA AVENUE • MIAMI, FLORIDA 33 1 33 • TEL: 305-461 -0310 • FAX: 305-461 - 1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO•CGC 060194 November 25,2015 Kristy Bada-Contracting Officer Procurement Department City of Miami Beach 1755 Meridian Drive, 3rd Floor Miami Beach, Florida 33139 Subject: Kearns Construction Company's/City of Miami Beach-Campaign Contributions Ms. Bada: Kearns Construction Company and the owners of the Kearns Construction Company have never made a campaign contribution to anyone running for office at the City of Miami Beach. Very truly yours, ...--...A____ "71.- ''"%' ::kc4a-jr-sa—r\--" John Kearns Kearns Construction Company 4 1 0 1 BRAGANZA AVENUE • MIAMI, FLORIDA 33 i 33 • TEL: 305-461 -0310 • FAX: 305-461 - 1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO•CGC 060194 November 25, 2015 Kristy Bada—Contracting Officer Procurement Department City of Miami Beach 1755 Meridian Drive,3rd Floor Miami Beach, Florida 33139 Subject: Kearns Construction Company's/Business Ethics Ms. Bada: Kearns Construction Company's employees and the owners of the Kearns Construction Company will adopt the City of Miami Beach Code of Ethics. Very truly yours, John Kearns Kearns Construction Company 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461 -0310 • FAX: 305-461 - 1892 www.kearnsconstruction.com three neighbors to the west and the City of Miami Beach to the east have all replaced their seawalls. It appears that this resident wants someone else to replace for him his 75 year old seawall. 4. Watson Island Boat Ramp: Kearns Construction Company won a City of Miami bid to replace the fiberglass decking at the Watson Island boat ramp. At the pre bid meeting,the City instructed all bidders to leave the boat ramp open to the public. Before KCC received the special order decking materials,a lady had a slip and fall. This lady is now suing the City of Miami and Kearns Construction for her slip and fall. 5. Norris Cut(Nicholson Construction Company): Kearns Construction Company excavated the launch shaft and poured the tremie seal for tunnel that houses the new 54"sewer pipe on Virginia Key. This access shaft(largest in Florida) is 43'diameter and 95'deep from grade(85' underwater). Nicholson Construction Company failed to predrill the rock and then misrepresented the as-build conditions to KCC. KCC spent an extra$200,000 in removing the solid rock. Solid rock was excluded from the Subcontract Agreement. Also, KCC has not been paid $125,000 in base contract work. Recently, Nicholson Construction Company has made an offer to settle this dispute. KCC has made a counteroffer. Hopefully,this issue will be settled out of court. Kearns Construction Company has never had a vendor or subcontractor file a lien on any of its jobs. Kearns Construction Company has never finished a project late and never has been sued by a Client. Kearns Construction Company pays its bills and honors its commitments. Should anyone require any additional information,please contact this office. Very truly yours, -771/ John Kearns Kearns Construction Company KEARNS 0 CONSTRUCTION CO • CGC 060194 November 25, 2015 Kristy Bada—Contracting Officer Procurement Department City of Miami Beach 1755 Meridian Drive, 3rd Floor Miami Beach, Florida 33139 Subject: Kearns Construction Company's Litigation History/Last Five Years Ms. Bada: Kearns Construction Company has been involved in some litigation in the last five years. Most of the litigation has been involved in the collections of Kearns Construction Company's completed projects. The following is a summary of these issues. 1. Residence at Viscaya: Kearns Construction Company completed the dock and seawall work at Residence of Viscaya in Coconut Grove. KCC was not paid in full. Kearns Construction Company recorded a construction lien and filed a lawsuit to get paid. Three months later,the Client paid Kearns Construction in full. 2. Camp Biscayne: Kearns Construction Company completed seawall work and dredging work at Camp Biscayne. Camp Biscayne is a 10 unit home owners association for single family houses in Coconut Grove. One of the owners who owned two lots failed to pay into the association for KCC's completed work. KCC was not paid in full. Kearns Construction Company filed a construction lien and lawsuit. Two month later, Kearns Construction Company was paid in full. 3. Neighbor at Sunset Island No.4: Kearns Construction Company replaced the 75 year old seawall with a new sheet pile seawall for the prime contractor Envirowaste. The new seawall work occurred at the City of Miami Beach's park on Sunset Island No.4. The neighbor to the west now claims that KCC moved his 75 year old seawall. The as-built DERM's photos of BEFORE the start of construction shows that the neighbor's seawall had failed prior to KCC starting work. Second,the year before KCC started work,the neighbor asked for new seawall proposal from Dock and Marine Construction. Third,the neighbor cut and removed the seawall tie backs when he installed his new pool next to his seawall. This pool work was done without a City of Miami Beach permit. Forth,the neighbor has never done any permitted repair work to his dock or seawall. The neighbor now wants a new pool,seawall, planters and landscaping for free. Currently,our insurance company,CNA, is handling this claim. Fifth,the existing seawall is 75 years old. Overtime,the salt water has dissolved and corroded the neighbor's seawall. The 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.corn ;sx, STATE OF FLORIDA 4,,:_r & _,-:-> .,, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 1, _ CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 Goo R 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 KEARNS, CHARLES SWANSON KEARNS CONSTRUCTION COMPANY 4101 BRAGANZAAVE MIAMI FL 33133 Congratulations! With this license you teecZin-e-one of the nearly - - �...;._, --1— _ :;:_.-°:____,... - _ -, _, „:- : one million Floridians licensed by the Department of Business and -- Professional Regulation. Our professionals and businesses range g p 9 STATE.OF:FLORIDA `- from architects to yacht brokers, from boxers to barbeque restaurants, �` �_, y 4 ,� - :' ';.A- t DEPARTMENT-OF BUSINESS AND and they keep Florida's economy strong. PROFESSIAtsELGULATION Every day we work to improve the way we do business in order to - CGC06.0194 is,.. ---7:--1)C:, t4E e=08/31/2014 serve you better. For information about our services,please log onto _�. f " - -R �' ` �'u`" ' 'c, wvvw.myfloridaticense.com. There you can find morQinfounatlon CERTIFIED G ''y •-. 6> !! � ,,,s-, about our divisions and the regulations that impact you subscribe i:. KEARNS,C_ '„3� ._ `g..,,,4 , ' to department newsletters and learn more about the Department's 7_ KEARNS°CON : °'�M '' y , initiatives. 1 ;.-,` „ Our mission at the Department is License Efficiently, Regulate Fairly. :-.,!1:/_'...:-114-:, -a” Ve constantly strive to serve you better so that you can serve your ;, "- _ .- ' `d4� c*- .i Comers. Thank you for doing business in Florida, 1'S.CERTIFIED under:the presvi tons'of Ch:489 FS. .nd congratulations on your new license! ■ Expo ;d. AUG31;2016- - _r L1408310004908 y-°;° a DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY ' -- STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ' CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBeR r CG0601.94-_ , _ . . - `,, C . . •. r - ' The GENERAL CONTRACTOR. y Named:below 1S:CERTIFIED. -- r Under.the.provisions of Chapter 489 FS. -= -±- :: S .. Expiration date: AUG 31, 2016 - ° �° LES.SWAN "."P* -- M' .. • KEARNS,.CHAR S -., ,, _ � N.:„.., �*-KEARNS•CONSTRUCT! a PANY ..` ., I i a t 4101 BRAGAN-ZA�AVE:-° � S S -� "► :s�, - �; -1 ,- _...R; MIAMf �.FL-33 "' I• o- _ . -.., _:.—..„.%:;-..--,764,71.. ::,-4-0* -:', "*.ktr'L \,.;..,,,t,,-N - _..\\T 4: ,.\\'' ' • • . ••• ISSUED: 08/31/2014 DISPLAY AS REQUIRED BY LAW SEQ# L1408310004908 000357 Local -BusrnessTaxReceipt A { Miami--Dade County, State of Florida ; -THIS IS NOTA BILL - DO NOT PAY 5342050 BUSINESS NAME/LOCATION RECEIPT NO_ EXPIRES KEARNS CONSTRUCTION COMPANY RENEWAL SEPTEMBER 30 2,: 16, 4101 BRAGANZA AVE 4363131 Must be displayed at place oftiusiness • MIAMI FL 33133 Pursuant to County Cade: Chapter 8A-Art.9&'1'0: • OWNER SEC.TYPE OF BUSINESS KEARNS CONSTRUCTION COMPANY 196 GENERAL BUILDING CONTRACTOR TAX PAYMENT RECEIVED BY CHARLES KEARNS QUALIFIER -CGC060194 BY TAX COLLECTOR Worker(s) 1 845.00 07/14/2015: CHECK21-15-093195. This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a certification of the holder's qualifications.to do business. Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply.to the business. The RECEIPT N0.above must be displayed on all commercial vehicles-Miami-Dade Code Sec 8a-278. For more information.visit www.miamidade.gov/taxcolfector • CC N®� CERTIFICATE OF LIABILITY INSURANCE A DATE(MM/DDIYYYY) ' I 11/25/2015 (PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Millennium Insurance& Investments Corp ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3440 Hollywood Blvd. Suite 415 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hollywood, FL 33021 NH: (954)983-4252 Fax:(954)212-2255 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Continental Insurance Company • Kearns Construction Company, Inc. INSURER B: Commerce&Industry Insurance Co. 4101 Braganza Avenue INSURER C: Miami, FL 33133 INSURER D: I INSURER E: COVERAGES • 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �� L�y X • LTR�lNSRU TYPE OF INSURANCE POLICY NUMBER D LTE MF1 & E-PUA�E(15MirSRORN LIMITS 4 A GENERAL LIABILITY ML 9780064 03/29/2015 03/29/2016 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100,000 PREMISES(Ea occurence) $ 0 CLAIMS MADE N I OCCUR MED EXP(Any one person) S 10,000 * Y „ Blanket Additional Insureds *Refer to attached PERSONAL&ADV INJURY $ Included Additional Insured GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Endorsement PRODUCTS-COMP/OP AGG $ 1,000,000 * -1 POLICY 17/1 PROJECT I I LOC DEDUCTIBLE: $2,500 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ • ANY AUTO (Ea accident) . ALL OWNED AUTOS BODILY INJURY DSCHEDULED AUTOS (Per person) $ D HIRED AUTOS • BODILY INJURY $ NON-OWNED AUTOS (Per accident) • PROPERTY DAMAGE $ - (Per accident) • GARAGE LIABIUTY AUTO ONLY-EA ACCIDENT S D ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABIUTY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ • DEDUCTIBLE $ RETENTION S IS B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WC 001-61-5919 03/29/2015 03/29/2016 71 ORY L PMTS EIR USL&H ** ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED'? YES E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ A OTHER H 0877068 03/29/2015 03/29/2016 P&I $1,000,000 EA OCCURRENCE Protection& Indemnity Liability ROVING CREW COVG FOR SCHEDULED VESSELS • _,- •• I •:=_,,.'•, • ..••= , r ... 1 •• ....'_, .,•r•- -,-,. -.. :-,-Y•'• B"'SPECIAL PROVISIONS: Includes State Act WC&USL&H&Incidental Maritime Coverage(for Non-Owned Vessels) IMPORTANT NOTE: JONES ACT COVERAGE IS INCLUDED HEREWITH(UNDER COMPANYA&B) 'Refer to attached General Liability Additional Insured Endorsement ••*30 Day Advance Notice of Cancellation EXCEPT 10 Days for Non-Payment of Premium • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION ADDITIONAL INSURED: DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL M' DAYS WRITTEN City of Miami Beach-Building Department 1700 Convention Center Drive NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Miami, Beach FL 33130 IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE , r/ I Gloria J. Bravo,CIC O. ACORD 25(2001/08) 4 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Kearns Construction From: Guido Tejeda <tguido @miicorp.net> Sent: Wednesday, November 25, 2015 9:34 AM To: Kearns Construction Subject: KEARNS CONSTRUCTION COI FOR CITY OF MIAMI BEACH Attachments: KEARNS COI 15-16 City of Miami Beach - Bldg Dept 112515.pdf PLEASE CONFIRM RECEIPT Hi John: Per our tel/con please see attached coi Should you have any questions or concerns please do not hesitate to call me. Have a nice day! c�u.�oto rejeota Vice President MIICORP d/b/a Millennium Ins. &Inv. Corp 3440 Hollywood Blvd. Suite 415, Hollywood, FL 33021 Email: tguido@miicorp.net Dade: (305)-938-0732 Broward:(954)983-4252 Fax: (954)212-2255 Cell(954)303-7982 ;0 ID: GVTEJEDA M11). `COrp www.miicorp.net "We work for our clients, not ourselves, to improve coverage, service and provide ease of doing business while improving our clients' bottom line." 1 vomarsevew a u E , To — } c = 9 \ 1 15 in IN CU In 2 ■ / 0k a J ° 2 t § \ o . a c & 2 .0 \. / a in . c c M "1 2 S u ", § 3 .2 Cl; -" - ° al to ■ ' . ) 2 ¢ , : o co u 2 o .• UP E IN> k £ 2 2 k - } a 2 m a ■ § ■ § § k k I § k k o 2 $ c \ - - 1 j RI▪ c E ? a 2 0 � 0. / 0 0 uo o 2 k _ ■ w g c _ - 2 - u o • 7 = / % E$ L.• ® 2 % _ ° - 1 © $ 2 2 § e • k k Li °2 ■ ; o a a m to 2 g u In a$ 2 § t § % - 3 . » ■ ■ o , CO m 2 \ 7 7 2 2 & Ifllli! 3 w a E § E E to - © v 9 u • ■ ■ » § c W .g 8 ro . - - a E E § § - _ § c c c 0 3 m $ E I 5 r ■ u 2 § Q � o ■ Id C § § 2 m t . . $ § Q 2 § § 4) % e o » ■ a be E tc 2 • 7 k 2 Q w a ✓ U 7 C , Q U.. CO • k Q. E 2 ▪ w # la KEARNS CONSTRUCTION CO•CGC 060194 Kearns Construction Company,Staff Resume 1. Charles S. Kearns,G.C.—President and license holder for Kearns Construction Company. Mr. Kearns is chief of operations for Kerns Construction Company. Currently,Charlie Kearns is overseeing the completion of the Port of Miami Tunnel Project. In total,The Port of Miami Tunnel is a $5,000,000 project which includes marine excavation, tremie concrete placement and steel pile installation. Charles Kearns supervised the marine construction of Stock Island Marina Village, Key West(110 slips), Key Largo Ocean Resorts(80 slips)and new floating dock marina at the Ocean Reef Club(150 slips).Charlie Kearns graduated from the University of Jacksonville with degree in economics. Mr. Kearns is a state certified licensed G.C. 2. James Brock Sullivan—Partner,COO. Mr.Sullivan has been with Kearns Construction Company since 1997 and supervised major projects including the Moir Project,the Reid Project(Phase I, II, and II)and Carlson Project (Phase I, II and III). Mr.Sullivan also supervised the City of Miami Beach Seawalls, Rickenbacker Marina, Rickenbacker Marina Seawall, Monty's Docks,Coral Reef Yacht Club, Docks at Key Biscayne Yacht Club, "Big Fish" seawall project and Marina Palms(110 slips&seawalls). 3. Raymond Ramos—Superintendent. Mr. Ramos is Kearns Construction Company's marine superintendent. Mr. Ramos has been with Kearns Construction for over 10 years. He supervised the construction of the following projects • River Cove Marina (70 slips) • City of Miami (Dinner Key and Bayside) pile installation • KLOR marina Construction (100 slips) • Pile installation and construction of Miami Beach Marina's mega yacht dock • The installation of two miles of seawall at the Ocean Reef Club at Bunnell Foundation • The installation of the Port of Miami north/cruise ship side bulkhead for MAP Construction • The installation of significant segments of south side container ship bulkhead for MAP Constrction 4. John Kearns,G.C.—Partner,Administrator, Estimator&CFO. Mr. Kearns prepares proposals and performs administrative work for Kearns Construction Company. Mr. Kearns has been with Kearns Construction Company since 2000. Prior to Kearns Construction Company,John worked for Impregilo (Europe's 3nd largest contractor)for ten years. In Italy,John was the Contract Manager on a $900,000,000 U.S. Navy project. In Miami, Mr. Kearns was the Project Manager for the people mover(Brickell Extension)and Senior Project Engineer on the$100,000,000 Federal Prison. Mr. Kearns was also the project manager on a 6 story;$12,000,000 dollar Arquitoncia designed office building on Miami Beach. John Kearns has also qualified a$100,000,000 metro rail project. Mr. Kearns was technically responsible for the new concrete beams connecting Miami International Airport and Jackson Hospital. He was also technically responsible for the$200,000,000 concrete beam project that connected Dolphin/Palmetto highways. The concrete beam work was for Rizzani De Eccher, USA. Mr. Kearns graduated from the University of Florida,School of Building Construction with honors. Mr. Kearns is also a state certified licensed general contractor. John Kearns is married. 41 0 1 BRAGANZA AVENUE • MIAMI, FLORIDA 33 1 33 • TEL: 305-461 -0310 • FAX: 305-461 - 1892 www.kearnsconstruction.com KEARNS 0 CONSTRUCTION CO•CGC 060194 5. Stephen Thomsen—General Superintendent. Mr.Thomsen has fifteen years'experience as a marine general superintendent and supervising marine concrete works. Mr.Thomsen was the senior superintendent at the U.S. Navy's 17.5 million dollar shipyard in Philadelphia. At the Port of Palm Beach he remove and replaced 1,600 LF of bulkhead. Mr.Thomsen was also the superintendent on the 6.5 million dollar SFWM Weir Box and Culverts and New Road project. 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO•CGC 060194 Subject: Port Miami—Warf I/Concrete Panel Replacement AIA Document A305, P 3.5/Contractor Qualifications Statement—Completed Projects Description Contract Amount Completion Date %Completed by Kearns Port of Miami Tunnel $3,000,000 April, 2012 75%by Kearns Dodge Island Excavation and Tremie Concrete Owner: FDOT BCWF/Pier Pascual Port of Miami Tunnel $2,000,000 July, 2011 75%by Kearns Dodge Island Excavation and Tremie Concrete Owner: FDOT BCWF/Pier Pascual Port Miami 1,800,000 February, 2014 75%by Kearns Reef Ball Mitigation Art T.&Juan B. 954 803 1909 Port Miami $50,000 May,2013 100%by Kearns Bimini Super Fast Fenders Owner: Port Miami/Art T. 954 803 1909 Port Miami $70,000 June,2012 75%by Kearns Passenger Boarding Bridge Owner: Port Miami/Art T. 954 803 1909 Port Miami Passenger Boarding Bridge $95,000 June, 2013 75%by Kearns Owner: Port Miami/Art T 954 803 1909 Key Biscayne Yacht Club $460,000 March 2011 100%by Kearns Docks, Dredging and Pile Install Joe/Dock Master 954 648 8157 4 1 01 BRAGANZA AVENUE • MIAMI, FLORIDA 33.133 • TEL: 305-461 -03 10 • FAX: 305-461 - 1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO•CGC 060194 City of Miami Pile Installation $296,250 March, 2012 100%by Kearns Bayside&Dinner Key Marina Manager:Steven Bogner 305 579 6980 City of Miami Pile Installation $160,000 December, 2011 100%by Kearns Dinner Key Marina Manager: Steven Bogner 305 579 6980 Rickenbacker Marina $886,960 March, 2012 100%by Kearns Owner:Aabad Melwani 305 7617720 Rickenbacker Marina $366,000 January 2011 100%by Kearns 750'seawall Owner:Aabad Melwani 305 7617720 River Cove Marina $2,000,000 January, 2008 100%by Kearns Dredge, Docks&Seawall Owner: Robert W. Christoph Sr. 305 672 5588 Ocean Reef Club $150,000 September,2011 100%by Kearns, New Piles for Floating Docks D Dock&H Dock Steve Ryder/Bellingham 904 613 2331 KAYWAMA(70 slips) $860,000 February,2008 100%by Kearns Key Largo Marina Demolition and Pile Installation Cocoplum Marina $200,000 March, 2011 100%by Kearns Pile Work&Police Dock Dock Master:Captain Harris 305 788 7353 Residences at Vizcaya $360,000 February,2009 100%by Kearns New 12 Slip Marina Monty's in the Grove $340,000 February, 2008 100%by Kearns Hurricane Repair Owner: Robert W.Christoph Sr. 305 672 5588 4 1 01 BRAGANZA AVENUE • MIAMI, FLORIDA 33 133 • TEL: 305-461 -03 1 0 • FAX: 305-461 - 1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO•CGC 060194 City of Miami Beach seawalls $580,000 April,2011 100%by Kearns Prime Contractor: EnviroWaste Jose Ferre 786 365 0635 Ray Herman—Floating Dock $50,000 September,2007 100%Kearns CRYCY—Floating Docks $40,000 January, 2007 100%Kearns General Manager:Jim Carter: Dock Master 305 858 1733 Stock Island Marina Village $1,000,000 January, 2014 100%by Kearns Demo, Piles& Floating Docks Mathew Shrunk 305 294 2288 City of Miami Floating Docks $147,000 August, 2013 100%by Kearns Project Manager:Carlos Vasquez 786 376 5480 City of Miami Floating Docks $328,000 June,2014 100%by Kearns Project Manager:Carlos Vasquez 786 376 5480 Saxony—Cofferdam/Tremie $1,600,000 August, 2015 75%by Kearns Tyler Dillon: Project Manager 239 340 8526 Marina Palms New Marina $7,000,000 November, 2015 90%by Kearns Ed Bec: Project Rep 305 454 3214 Ocean Reef Floating Docks $1,100,000 August, 2015 90%by Kearns Steve Ryder: BMI 904 613 2331 Elliott Key Park Pier $1,070,000 November, 2015 100%by Kearns Tim Gabriel: Project Manager 919 625 0106 Elliott Key Marina Rebuild $400,000 March, 2014 100%by Kearns Tim Gabriel: Project Manager 919 625 0106 e ° 4 1 0 1 BRAGANZA AVENUE • MIAMI, FLORIDA 33 1 33 • TEL: 305-461 -0310 • FAX: 305-461 - 1892 www.kearnsconstruction.com , .., . pale.44.4.4.44. !,i'', • 41 A a. ti. 4.P. . - I 1 , 1 ....n. 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( s i 1 l ( y x 111`` qn IPIE L r IF i I A .., ,?..,, 1 . t ; , . ; 4- 1,,,„g, a 1 ,�I' i F / 1 1. f i c, ies) , . i IIII . . 1 -„_ ., ,,,, ,/l ., i .,. t, .iiiii,, Ahi ti. i nt F �.i 41,,,,. i r . , .: I, 9 G P r'..•-•''...'-: + 'q Y, ®8 6 Ydd 3 t � p e 00 :Ay:7,, ......-_." ir,- '110, A P .. 1 *.-.—*1---4,—_._.%" r „ :„ !ar / ww �iimalTeser .wawy- f ut:., A L ter~ �� ' - ''4,-44e '' ill worm(vow yr IN 1r ir O� ��R��ILA lilt""raTr A- � • ,,; r.w , '1%7:7'': 1 r.,',i ',L" E v=: 1 ▪ s s r .ter 'jy L� at mle • i MM 4 trip //�� ed �bse�y 11 % % '61.,11C.,,N �"1 -' ,, -:'\..•',_rt''' '''',*,' , .• -',y tai+ 1,'),:;:.-�„ b 0 7 1 + * 4 F6 ,�y,gip g� p �C"`,, 1 ,,� ,T� ` k:' i 'A. 4 '� ' '* �► far ; S` �� T 111111‘11-1114,1111 w 1 _t 1 %. 1 r so$1ss ,,,y►� >i+ s e x �� } �{(U A tx S e fi Y - ti _ :',,,g-,`-',-_,,ENS t� "I',, �_t . , , „...,..- • U ,;,,, i\ q" a ` d r'1,7j. �'�u .. a '',*':,:t<" try aPy �° b u 0 r� g j .a'I walk mr_,b " �y a .:<r �t#( it @ o ''.,-,.• yy a tt d I 6 �� .� y .,..E �� ; - +' . a c,...) a } �wr t 'f L • €{r ',ta �I ,..::,-, ,,,51t44•46-47",,,,--":„.4.$Y R.YAK+t � f party .l Y -� y� �C �� p� � � .�°Y�7'Prm �� ° '�" ��,i F .at`gym F r -- sp '" .� N 3.�'H- �� 4' l�tNk�a �Y� ��I�F iFl 1. '*� '� g , `�� su .pR ' 4 /APR., el 3 tl?�'�"t-..?4�-.� > w.l M""ti '",c,g°��+�" s �2 �4r°.g?ri,,'" ' ` • -- ----I • • > ' " e .a ,..3;*.c, > .>°_.,,�_ . , -'>'.1 :4 ..�. t r,''. APPENDIX B N A AIA/V\ I " ti, orm CONTINUIG SERVICES (A NEEDED) FO . HE CONSTRUCTIO OF SEAWALLS CITYWIDE 1TB 2015-267-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 Nlote:`,It is irriponear for tt iose whothcKi red : f this,solicitation .but hove decided rnot to respond,to complete and subr t attached "Statement of ,No Bid:"The`Stc ferrtent of No'Bid"-providessthe City N;vit l.infermafion On how to improve the solicitation process.°Failure to submit€i"Statement of MMo Bice'",-may i not being °tified-of future solicit e tons:t '.t - 56 I ITB 2015-267-KB Statement of No Bid WE HAVE ELECTED T TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED D/OR INDICATED BELOW: Workload does not How us to proposal Insufficient time to res nd Specifications unclear or •o restrictive Unable to meet specificatio - Unable to meet service require, ents Unable to meet insurance requirei ents Do not offer this product/service _OTHER. (Please specify) We do_do not_want to bz retained on your maili ,g list for future proposals of this type product and/or s=vice. Signature: Title: Legal Company Na e: Note: Failure to respond, either by submitting a proposal or this comp ted.form, may result in our company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAM BEACH • DEPT. OF PR ! CUREMENT MANAGEMENT ATTN: Kristy Bada ITB #2015-267-KB 1755 MERIDIAN AVENUE MIAMI BEACH, FL 33139 57 I ITB 2015-267-KB APPENDIX C ' MIAMI BEACH Bid Tender Form CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB 2015-267-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 581 ITB 1015-267-KB a � BID TENDER FORM City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish .all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2015-267-KB CONTINUING SERVICES FOR THE CONSTRUCTION OF SEAWALLS The Bidder also agrees to furnish, UPON REQUEST BY THE CITY, 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. 59 I ITB 2015-267-KB BID TENDER FORM Bidder affirms that the TOTAL BID PRICES include the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials,labor,equipment,supervision,mobilization,demobilization,overhead and profit,insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive.The Bid Price Form(Section 5)shall be completed mechanically or,if manually,in ink.Bid Price Forms(Section 5)completed in pencil shall be deemed non- responsive.All corrections on the Bid Price Form(Section 5)shall be initialed. In the event of arithmetical errors between the unit prices and the totals,the bidder agrees that the unit price shall govern. Total Item. Description Quantity U M Unit Cost Iquantity_x_Unt cost) 1 SEAWALL:10'Max Depth,70'Max Length 350 LF $ 3, &I $ 1.,esO 2 SEAWALL: 10'Max Depth,71'-150'Length 300 LF $ -Z(') $ 59 1 ,pot * 3 SEAWALL:10'Max Depth,151'-500'Length 1000 LF $ ( $ I ,SS s 4 SEAWALL:10'Max Depth,>500'Length 1000 LF Li(19 t , col , 0 5 SEAWALL: 14'Max Depth,70'Max Length 140 LF $ $ 6 SEAWALL:14'Max Depth,71'-150'Length 150 LF $ 2. n9 $`7i Li c C 7 SEAWALL:14'Max Depth,151'-500'Length 500 LF $ I 'j L' $ 57.37( scO 8 SEAWALL:14'Max Depth,>500'Length 600 LF $ 1 ,95 I $9 ,6 9 GUARDRAIL 300 LF $ GO $ ! o., COO 10 GUARDRAIL BOLLARD 50 EACH $ ecrt $ Cita 006 ALLOWANCE FOR COMPLIANCE WITH 11 TRENCH SAFETY ACT* 10 EACH $25.00 $250.00 (PER PROJECT AS APPLICABLE) TOTAL BID $ Air-amok 4111, *Any cost in excess of the stated allowance shall be borne by the contractor as part of its bid unit process. ---- Bidder's Affirmation; - Company: ' t I'M - * - -- �` ' Authorized Representative: e) _ S r Address: � C7 t _ Telephone: /► , ,- irl I► S ! to 7 Email: Cam. riots/ ~M P t Authorized Representative's Signature: 60 I ITB 2015-267-KB APPENDIX D IS.4 MIAMI BEACH Other Forms CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS CITYWIDE ITB 2015-267-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 61 11TB 2015-267-KB 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: (1) 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). -lb t ,„ ' , ,,.......,.:PLea-ri-1._-S Bi ignatur ) �� --7 (Print Vendor Name) STATE OF i`' t-o-c e` ce 0 COUNTY OF The foregoing ins um s ac nowledged befo a me this �5 day of - 20 by �L � `�' -° as 4 (name of pers' whos i',nature being n arized) CA, C) (title)of _ ,k..- '' ; s wt► Jv' bY`i ` (name of corporatibnlcompany) Prif known to me to be -the so escribed herein, or who produced , as i ifieation and 'ho-df I of take an oath. N c ARY PUB I 1 JAMES 8.SULLIVAN RY p 4 - °(,%,s Notary Public-State of Florida 6 _ / I � ;,a i',i :•=My Comm.Expires Oct 19.2010 ' r'"gnature) -:;;.t��°; Commission#r EE 8,0795 of-,, Bonded Through National Notary Assn. ; .3 0,341 es ..0 S''l,vCv. (Print Name) �� f /H My commission expires: 62 I ITB 2015-267-KB 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 63 I ITB 2015-267-KB 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) 64 I ITB 2015-267-KB (City/State/Zip Code) Telephone No.: 65 I ITB 2015-267-KB 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. 66 I ITB 2015-267-KB 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.: 67 I ITB 2015-267-KB CERTIFICATE AS TO CORPORATE PRINCIPAL I certify that 1 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 68 ! 1TB 2015-267-KB 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 69 I !TB 201 5-267-KB 1 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 contractors 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 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 70 ITB 2015-267-KB r 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 71 ITB 2015-267-KB 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. 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: 72 J ITB 2015-267-KB 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 y n 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 73 ( ITB 2015-267-KB 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 indemnifie s and rel e ases City f r om a ll liens and nd clai s 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) 74 I ITB 2015-267-KB Pr- day of 20 75 I ITB 2015-267-KB 1 .