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Contract with GEC Associates, Inc. e g,D qty-fC CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, Florida, a municipal corporation of the State of Florida ("City"), and GEC Associates, Inc., 9487 NW 12 Street, Doral, Florida 33172 ("Contractor"). W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and fifty (150) calendar days from the issuance of the second Notice to Proceed, 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. Page 1 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand dollars ($1,000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand dollars ($1,000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* [ X ] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. Page 2 [X] This is a Lump Sum Price Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price in the amount of $709,835.50. This price shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and profit, associated with completion of all the Work in accordance with the requirements of the Contract Documents, including all Work reasonably inferable therefrom. 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. Following 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, after approval by Consultant of an Application 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 The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in this Agreement. Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub-Section 43. Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator, after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand- alone document, separate from monthly applications for payment. Page 3 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 Page 4 shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 - MISCELLANEOUS 6.1 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 law, regulation, statute or code requirement which is applicable to this Project, the more stringent state or federal 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. Page 5 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: CEG Associates, Inc. 9487 NW 12 Street Dora!, Florida 33172 Attn: Luis N. Enriquez— President 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. Page 6 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. Page 7 IN WITNESS WHEREOF, the parties have set their hands and seals a day and year first above written. ATTEST: "....8� �`....� THE CITY OF MIAMI- • ;,`%' Aal ............ C ty C erk ayor INCORP ORATED: •',hey EC A O'•FATES, INC. ATTEST: *itir 26 Signature/Se' kt" Signature%:• c- •e Lub Ill . tov`r C;tez, 65 R . Print Name Print Name (0 //60 a e Date ATTACHMENTS ATTACHMENT A - Resolution, Commission Item Summary, and Commission Memorandum ATTACHMENT B - Invitation to Bid ("ITB") ATTACHMENT C - Bidder's Response to the ITB ATTACHMENT D - Insurance APPENDIX D: Required Forms APPENDIX D-1: Form of Performance Bond APPENDIX D-2: Form of Payment Bond APPENDIX D-3: Certificate of Corporate Principle APPENDIX D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit APPENDIX D-5: Certificate of Substantial Completion APPENDIX D-6: Final Certificate of Payment APPENDIX D-7: Form of Final Receipt APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION altc7 city ► « Date Page 8 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page 1 of 2 ( ( . ' . . Competitive Bid Reports-C2 D MIAMI BEACH • COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission . FROM: Jimmy L.Morales,City Manager _ . DATE: September 14,2016 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB) NO. 2016-153-KB FOR CONSTRUCTION SERVICES FOR ALLISON PARK, PARTIALLY UTILIZING PREVIOUSLY APPROPRIATED . FUNDS AND FUTURE FUNDING SUBJECT TO ADOPTION OF THE FY 16/17 CAPITAL BUDGET. 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 2016-153-KB,Construction Services for Allison Park. ANALYSIS BACKGROUND INFORMATION On March 12, 2015, the City retained Architectural/Engineering Services from Bruce Howard &Associates, Inc. (Consultant), to develop a conceptual design for the Allison Park Redesign Project (the Project). The Office of Capital Improvement Projects proceeded with the redevelopment of Allison Park, providing an ADA playground and landscaping. On September 2, 2015, the Conceptual Plan for the park was presented to and adopted-by the City Commission. On March 8, 2016, pursuant to a series of community and staff meetings, the Historic Preservation Board (HPB) approved a simpler version of the park design. On June 8, 2016, The City Commission approved a waiver from the Land Development Regulations to reduce the required rear setback from 10 feet from the bulkhead line to 10 inches, in order to construct permanent bench structures for the playground. The Project shall provide a fully ADA compliant playground and exercise equipment for physically challenged residents, visitors, and their families, while promoting safe and convenient access to the beach. The planned improvements include reconditioning the shower area, providing beach access using an alternative friable wood ramp, using the north section of the park for a playground, outdoor exercise equipment, a picnic table and permanent bench structures located in the eastern perimeter of the playground area for parent supervision, and re-striping of the existing parking lot to provide one additional ADA accessible parking space. . ITB PROCESS - - .• ITB No. 2016-153-KB,was issued on June 20, 2016,with a bid opening date of August 19, 2016. Four(4)addenda were issued. The Procurement Department issued bid notices to over 900 companies utilizing www.publicpurchase.com website and over 100 companies via email notification. Over 100 prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of nine (9) responses from: ABC Construction, Inc., Emerald Construction, HG Construction, G.E.C. Associates, Inc., Superior Landscaping, JRT Construction, ATF Builders, Inc., ELCI Construction, Inc., and S.A. Consultants LLC. See tabulation sheet(Attachment A). . - The bid submittals from ATF Builders, Inc., ABC Construction, Inc., Superior Landscaping, ELCI Construction, Inc., and S.A. ' Consultants LLC. failed to comply with the minimum requirements as stated in the ITB, and, accordingly, were deemed non- responsive. Additionally, the bid submittal from ATF Builders, Inc. contained discrepancies and arithmetic errors in the ITB price form. The tabulation sheet(Attachment A)includes specific information, as noted by Bruce Howard and Associates, irtc:,the-City's consulting firm for this project,relating to each firm's failure to comply with minimum requirements. The remaining responsive bid submittals were considered. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the IT B will be recommended for award. In its due diligence, the Procurement Department and Bruce Howard and Associates, .Inc. .verified that the lowest bidder, G.E.C. Associates, Inc. has met the requirements of the ITB, including: 1. Licensing Requirements: Bidder shall be State of Florida certified and licensed General Contractor AND/OR General Engineering Contractor to be considered for award and submit evidence of licensing with their bid. G.E.C.Associates, Inc. is a State certified as a General Contractor. State license number is: CGC046392 and expires on August 31,2018. 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience for projects similar in scope and complexity. References must include projects completed or in progress within the last ten (10) years. Similar projects shall be interpreted to mean construction of parks that include installation of playground equipment and construction. . G.E.C. Associates, Inc. submitted three (3) individual references which demonstrate their experience in projects similar in scope and volume to the work indicated in the ITB. 3. Bidder must have the capability to provide a performance and payment bond for the project. The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter from an A-rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. . • G.E.C. Associates, Inc. bid response was,accompanied by a bonding capacity letter from Nielson, Hoover and Associates dated August 1,-2016. The capacity letter indicated that G.E.C. Associates, Inc. has been extended a http://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=118 &Meeti... 9/19/2016 Coversheet Page 2 of 2 bonding facility, which has supported individual projects up to $45,000,000.00 and an aggregate work program in the $20,000,000.00 range. Nielson, Hoover and Associates is rated A XII by AM Best. 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. G.E.C. Associates, Inc. has a good record of performance and has the financial resources to ensure that they can satisfactorily provide the goods and/or services required in the ITB. Their latest Supplier Qualifier Report from Dun & Bradstreet indicates that they have a Supplier Evaluation Risk(SER) rating of 1 out of 9. The lower the score, the lower the risk. Accordingly, G.E.C. Associates, Inc., has been deemed the lowest responsive and responsible bidder(s) meeting all terms, conditions, and specifications of the ITB. CONCLUSION After considering the bids received and the evaluation of staff and the project consultant, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida,approve the award of a contract to G.E.C.Associates, Inc.,the lowest responsive, responsible bidder to the ITB;and further authorize the Mayor and City Clerk to execute the contract. KEY INTENDED OUTCOMES SUPOORTED Enhance Cultural and Recreational Activities Amount 1 $365,000.00 Account 1 307-0820-000674-26-410-000-00-00-00- 29620 Amount 2 $344,835.50 Account 2 Subject To Adoption of the FY 16/17 Capital Budget Total $709,835.50 Legislative Tracking Capital Improvement Projects/Procurement ATTACHMENTS: Description ❑ Attachment A—Tabulation http://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=1185&Meeti... 9/19/2016 ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS • MIAMI BEACH • • 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. 4 INVITATION TO BID (ITB) 2016-153-KB • CONSTRUCTION SERVICES FOR ALLISON PARK August 12, 2016 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. MODIFICATIONS.. 1. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, August 19, 2016, at the following location: City of Miami Beach Procurement Department • 1755 Meridian Avenue, 3rd,Floor Miami Beach, Florida 33139 Late pro osals will not be accepted. Proposers are cautioned to plan sufficient ti me to allow for traffic or other delays for which the Proposer is solely responsible. II. ANSWERS TO QUESTIONS BY PROSPECTIVE BIDDERS AT THE PRE-BID MEETING AND VIA EMAIL. Q1. Addendum #3 issued on 8/10/16, Q & A #4 specifies: Engineered fiber mulch specified in drawings to be "Fibar Engineered Wood Fiber" model FibarSystem 300 (or equal). There were also 6 pages of Fibar Specification included in this addendum. There are list of items and information in the supplied Fibar data cut sheet, regarding.Fibar_Drain, Fibar Felt, Fibar Mat, ADA Wheel Chair access Ramp, Fibar Guard Boarders. None of these items are listed or specified on the Plans. It is not clear what the Design Intent is. Is the design intent to provide a just engineered mulch as a safety for the kids, and allow the rain water to percolate through the sand? Or the design intent is to provided a mulch with a drainage system. A- Please clarify if Fibar Drainage System is required for this project. B- If the answer is yes. Please provide New Plans and Details as how you intend to incorporate the design into the existing site. Since provided cut sheet required the drainage system be connected to the site drain system, and non provided.. C- If the answer to item A is yes. Please note that the Fibar Drainage System is not compatible with Detail 3/LH-1 Permalock 12' Edge. Please clarify. D- Since the Fibar is the only Engineered mulch with Drainage System, then "Approved Equal" will not be applicable to the mulch. Unless no drainage system is required for this project. In this case "Approved Equal" will apply. Then, no specification has been provided for the actual • Engineered Mulch in order we can determine if"Equal" can be found. Please provide Engineered Mulch Specification. • . - • 1 ADDENDUM NO.4 . INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK' • Al. Answer to 1.A-D: Fibar Drainage System is not required; refer to answer for question #20 in Addendum No. 2. Please use the Fibar Mulch Specification provided without the drainage component as the required "Engineered Mulch". Q2. Addendum #2 issued on 8/9/15, Q & A #15- in response to the question regarding Parking Space at the project Site, you write: Parking will not be provided and contractor is required to provide Construction Parking &Traffic Management Plan (CPTMP) and a form was provided with Addendum #3 dated 8/10/13. A- Since no employee parking is allowed at Allison Park. Are there any other parking facility available in Miami Beach that can be leased or rented? Please advice. B- Will be allowed to use the parking spaces at Allison Park for Deliveries, Loading, Off Loading, Supplies, Inspectors, ect... Use? Please clarify. A2. Answer to 2.A: Answer for question #15 in Addendum No. 2 addresses that "Parking will not be provided; the contractor will be required, prior to Notice to Proceed (NTP), and as a requirement to pull the Building Permit, to provide a Construction Parking & Traffic Management Plan (CPTMP) for approval by the Parking Department Director. All costs } associated with the plan implementation must be part of the Bid Price." The proposal of parking spaces to be used by the contractor in privately owned facilities or City owned facilities shall be part of the Contractor's CPTMP. The decision, of which and if a City owned parking facility can be used by the contractor's employees for this project as well as the parking spaces lease fees, will be made by the Director of the Parking Department. Answer to 2.B: The request to use the parking spaces at Allison Park for Deliveries, Loading, Off Loading, Supplies, Inspectors, etc. shall be part of the Contractor's CPTMP. This will be subject to the approval of the Parking Department Director. 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: i 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 returp "Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. , ; // ir, . MPenis o 'rocurement Director �. .,..,,..�.. 2 ADDENDUM N0.4 { INVITATION TO BID NO.2016-153-KB j CONSTRUCTION SERVICES FOR ALLISON PARK MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3'Floor,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 INVITATION TO BID (ITB) 2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK August 10, 2016 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. ATTACHMENTS. Exhibit A: Page 2 from Addendum No. 2 Exhibit B: Revised Plans/Specifications from Addendum No. 2 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. Sincerely, Alex Denis Procurement Director 1 ADDENDUM NO.3 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK • • • „ • • • • EXHIBIT A Page.2 from :Addendum-jNo1: 2 • • s; • . _ d . 2 ADDENDUM NO.3 • • INVITATION TO BID NO,2016 153-KB- - CONSTRUCTION SERVICES FOR.ALLISON PARK rJ . Al. Sheets LH-1 and LH-2 list all of the proposed equipment for this playground (detail 2/LH-1 and 1/LH-2). Spec's and warning information provided by manufacturer. Q2. We recommend 60 to 90.day root pruning process for trees, 45 days for palms and 30 days for all other miscellaneous plant material. This timing is necessary attempt to take any and all precautions possible to ensure the survive ability and health of the proposed relocated plant material. If we are required to transplant plant material before this recommended time frame, you compromise the health lesson the survive ability of the plant life in general and the outcome can ultimately can detrimental. NOTE: If we are required to transplant plant material before this recommended time frame, you compromise the health lesson the survive ability of the plant life in general and the outcome can ultimately can detrimental. We would like for the City to consider increasing the substantial completion days to 180 days since the major portion of the work cannot begin until the trees are relocated. A2. Please refer to modification 1 above. Q3. With the form of questions and answers via public Public Purchase will these RFIs get officially answered and sent out in a form of addenda? A3. Questions posted through Public Purchase will be responded to in the form of an Addendum. Q4. Please provide specifications for the Engineered Wood Fiber Mulch specified on sheet LH-1. A4. Engineerred fiber mulch specified in drawings to be "Fibar Engineered Wood Fiber" model FibarSystem 300 (or equal). Attached specifications for FibarSystem 300. Q5. My question is the following; I know the playground on the specs is Landscape Structures equipment. Are you taking equals or our own design going with what is expected on the specs? A5. Please refer Exhibit C. Q6. We are not suppliers of Resysta Composite Decking. We are suppliers for Wolf PVC Decking. Can this be considered as an equal? A6. Please refer to Exhibit C. 07. What color will the automatic door openers be (bronze or white)? A7. White so they match the existing white paint on the buildings. Q8. Will the automatic door openers be wireless or wired? A8. Both options would be considered viable, but as buttons should be located on the wall of the building directly adjacent to the doorways, wired is probably more practical. Q9. Could you clarify how many trees need protection fences? A9. All trees within the construction area that are to remain or to be relocated must be protected. Contractor to determine the amount of fencing required based on their take- off and construction means and methods. 2 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK • EXHIBIT B Revised Plans/Specifications from Addendum No. 2 1 3 ADDENDUM NO.3 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK I 7.vo.w d �1g.g 10 1.10.2018 {��w(�,�,�� m"e _ M A R ,','_q, ....___:.=7.___ •reu nor, �[ ,e,wa,ac, PUNT 5.180.LEGEND 1q'11 ' .: ... n t(a��1PS f4.VSfGeI'n _ cvs , / t' J `,r ;.„/ . -;:,• `,,--.4.,',,;.'.4 4,0P,,A.41..VMWelii ♦Sl.. .1 ti �_ a f o in g I _:e+ .....4 ' 'tom°;k'-•fll%R�'�Cjr i� '•''•�"r'..::.� i 0-.<. __ (: y,l r �� Q a ,,i=f I — 1• 4.,N,;- ` i� 0 ® �. 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V BEACH Construction Parking • - Management Plan • All construction projects with a value of $250,000 or higher now require an approved Construction Parking Management Plan (CPMP) in order to obtain a building and/or grading and shoring permit. . Construction Parking Management Plan (CPMP) The CPMP must: • Reduce construction employee vehicle parking impacts related to the proposed construction; • • Contain construction related parking to project site and areas approved by the City; • Reduce construction noise impacts to the greatest extent technically and economically feasible; and • Minimize off-site dust and air quality impacts per best management practices. Definitions: The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: • Commercial area means a contiguous or nearly contiguous area containing public streets or parts thereof primarily abutted by commercial, or retail property. Commercial area shall contain at least half a City block bordered by three public streets, and, if there is an alleyway, also by the alleyway. • Construction Employee Vehicle(CEV) means a motor vehicle operated in or parked by an employee, or subcontractor of a construction contractor for extended periods of the day, which result in an impact on the community as identified below as a CEVPI. • • Construction Employee Vehicle Parking Impact(CEVPI)means: ➢ A condition whereby: • Municipal (on and off-street) parking spaces are limited in quantities and for extended periods of the day factually occupied Monday through Saturday, of any month .by construction employee, contractor or subcontractor vehicles; and • CEVs park on municipal on and off-street parking spaces, intended for commercial or residential uses; or ➢ A condition whereby any number of construction related vehicles are being driven into or left regularly in a commercial or residential area and the, CEV drivers are parking at those locations for purposes unrelated to commercial, retail or residential uses. • Residential areas means a contiguous or nearly.contiguous area containing public streets or parts thereof primarily abutted by residential property or residential and.nonbusiness property such as schools, parks, churches, hospitals, and nursing homes. A residential area shall contain at least half a City block bordered by three (3) public streets, and, if there is an alleyway, also by the alleyway. - 0 Creation of Construction Parking Management Plan: In order to obtain or maintain a Building'and/or Grading and Shoring Permit for all projects with a value in excess of (value to be determined), the Contractor of record shall b a required to provide to the City a CPMP. The Parking Director shall review the CPMP. Failure to provide the CPMP, or obtain Parking Director approval of the CPMP shall preclude the issuance of a Building or Grading and.Shoring Permit. The CPMP shall minimize CEVPI to the surrounding commercial or residential areas. The CPMP must: V - 1. Reduce CEVPI related to the proposed construction; 2. Contain construction related parking within the project site, whenever possible; . 3. Document where the parking areas will be provided for the employees, subcontractors, and contractors, if not on site; and 4. The contractor, owner of the properly, and tenant are required to sign, under oath, the proposed CPMP, confirming their understanding of the plan, and the penalties associated with non-compliance: • We ore committed to providing excellent public service and safety to all who live,work,and ploy in our vibrant, tropical,historic community. • Requirements of CPMP: 1. The CPMP shall contain the following required elements to address the CEVPI: a. .A copy of the building permit application/processing number, that is not expired, with the Building Department. b. A system to minimize the effect of CEV parking in commercial and residential neighborhoods . c. Document the number of workers; identify by description and vehicle license plate number all vehicles that will be present on the site during various phases of construction; and indicate whether sufficient privately owned/operated off-street parking will be provided. Provide proof of such off-street private parking arrangements. d. The construction contractor, owner/developer shall schedule a pre-construction meeting with City staff after permit - issuance, but prior to start of work, to review CPMP implementation. • 2. The Construction Site Parking and Staging Plan shall provide the following specific information: - a. All construction related parking (whether For employees, contractors, subcontractors, suppliers, etc.) shall be located on-site where the construction is to take place, or at an approved off-site location, as approved by City Staff. • Swale, right-of-way, or parking metered locations may be permitted, upon approval of the Parking Director, to be used for loading, deliveries, and supplies. However, this temporary authorization shall not be considered a proper parking area for employees, subcontractors or contractors under the CPMP. _ - b. Delineate the details as to the number of proposed vehicles; type of vehicles accessing the construction site; identify the vehicles by year, make, model, and Florida license plate number. c. Identify where all on-site parking will be located (minimum 8.5'x18' per stall) and how vehicles will enter and exit the construction site from or the street. d. If off-site parking is required to accommodate employees, subcontractor or contractor parking needs, identify the off- site location to be used and how the employees, subcontractors or contractors will get to and from the construction site. e. Provide proof of lease, exclusive use, etc. to the Parking Director as part of the CPMP. . f. Identify any fencing around the construction site and all access points. A site plan may be required g. Identify material staging area(s). h. Provide any other notes necessary to clarify the CPMP, as may be applicable: Review and approval: The CPMP shall be reviewed and require the approval of the Parking Director. Issuance of permit: 1. A CPMP permit shall be issued upon approval of the CPMP•and payment of fees. . 2. A CPMP permit fee in the amount of$144 shall be assessed for each CPMP and related building permit. 3. Thereafter a building or a grading and shoring permit may be issued. Failure to obtain Parking Department authorization of a CPMP permit shall preclude the issuance of a building permit. Parking in designated areas: 1. Pursuant to the requirements of this section, contractors, subcontractors and construction employees shall register and provide vehicle make, model, year, color, and license plate to the Parking Department. 2. CEVs shall prominently display a parking permit for the corresponding parking facility(ies) related to the building • permit/construction project identified in the underlying CPMP. Such parking permit shall be displayed so as to be clearly visible to the City's enforcement personnel. 3. CEVs found at any location other than those stipulated in the CPMP shall be in violation of this section • Enforcement: • 1. A City code inspector may issue a citation for a violation of this Chapter. Enforcement shall be through Chapter 30 of the City's Code. A City Code Inspector means the code compliance officers, parking department employees, or any • authorized agent or employee of the City whose duty it is to assure code compliance. - -, • We ore committed to providing excellent public service and safety to all who live, work,and play in our vibrant,tropical,historic community. 2. All violations of this chapter are civil infractions. Each violation of this chapter shall constitute a separate offense. Violations of this chapter, will be punished as follows: a. For a first offense, a $5,000.00 fine issued to both contractor and property owner/tenants. b. For a second offense a $10,000.00 fine issued to both contractor and property owner/tenant. c. For a third offense, a $15,000.00 fine issued to both contractor and property owner/tenant. d. For each additional/subsequent offense a one-day stop work order issued by the City's Building Official. e. For purposes of this section, an offense shall be deemed to have occurred on the date that the violation occurred. f. The failure of any person to pay the appropriate fine within the time allowed or to appeal the violation shall constitute a waiver of the right to an administrative hearing before the special master and fines may be assessed accordingly. g. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the recording of any such lien that which remains unpaid, the city may foreclose or otherwise execute upon the lien. Revocation of permits and other penalties: Any Contractor, subcontractor, properly owner or tenant who has obtained a valid citation under section 106-123, and who has failed to pay the fine, and failed to cure the violation, shall have the Building Permit revoked. Failure to comply shall subject such participant to enforcement procedures by the City and may result in fines of up to an additional $500.00, per day, and liens as provided by law. Use of Funds: All fines collected and all CPMP fees collected shall be first utilized to fund administrative expenditures of the City in administering the program, including Parking Department review, Code Compliance Enforcement and Building Department Review. Any additional funds shall be placed in the Fee in Lieu of Parking fund to assist the City in providing enhanced parking facilities. Appeals: Appeals of a citation shall be pursuant to Chapter 30, before the City's Special Master. The procedures relating to code compliance citations shall control the appeal period, notice requirements, and rules relating to same. HOW TO SUBMIT Please complete the attached form and submit with required documents via e-mail to: constructionparking @miamibeachfl.gov or deliver to: 1755 Meridian Avenue Suite 200 Miami Beach, FL 33139 Ordinance No. 2015-3922 PCity of Miami Beach, PARKING DEPARTMENT 1755 Meridian Avenue, Suite 200; Miami Beach, FL 33139 PARKING Ph: (305) 673-7505 We are committed to providing excellent public service and safety to all who live, work,and ploy in our vibrant, tropical,historic community. MIAMI BEACH Construction Parking Management Plan Date: • Building Permit Application No.: Company Name/Address: Contact Name: Contact Number: E-Mail Address: Checklist: ❑ Copy of the building permit application ❑ On-Site Parking: site plan delineating: o on-site parking o entrance and exits to the construction site o fencing o material staging areas ❑ Off-Site Parking: proof of lease, exclusive use, etc. ❑ Number of workers/vehicles (SEE ATTACHED LIST) THIS SECTION FOR OFFICE USE ONLY Notes: Preconstruction meeting date: Department Staff Review: Department Director Review: Approved: ❑ Denied: ❑ Date: Approved: ❑ Denied: ❑ Date: Signature Signature Print Name Print Name PCity of Miami Beach, PARKING DEPARTMENT 1755 Meridian Avenue, Suite 200;Miami Beach, FL 33139 PARKING Ph: (305) 673-7505 construction parking @miamibeachfl.gov We are committed to providing excellent public service and safely to all who live, work,and play in our vibrant,tropical, historic community. MIAMI BEACH; Construction Parking Management Plan Employee and Vehicle List Building Permit Application No.: Number of Employees: Company Name: Number of Vehicles: Make Model Year State/Tag# Comments • We are committed to providing excellent public service and safety to oll who live, work,and ploy in our vibrant, tropical, historic community. Specifications I FibarSystem 300 These specifications were current at the time of publication but are subject to change at any time without notice. Please confirm the accuracy of these specifications with The Fibar Group, LLC or its authorized representative prior to installation. FibarSystems® are unique playground surface products, the creation and origination of which are covered by U.S. Patent Numbers 4,679,963; 5,026,207 & 5,076,726, owned by The Fibar Group, LLC. Award contractors must obtain a license from The Fibar Group, LLC prior to construction. FibarSystem 300 comes with a 25-year warranty. SYSTEM DESCRIPTION CRITIC AL USE 312 12" Fibar®, FibarFelt, FibarDrain, FibarMat 14' Playground 310 10" Fibar®, FibarFelt, FibarDrain, FibarMat 10' Playground 308 8" Fibar®, FibarFelt, FibarDrain, FibarMat 8' Playground 306 6" Fibar®, FibarFelt, FibarDrain NA Jogging Track Depth measurements are approximate after compaction. PART 1: GENERAL INFORMATION Quality Control, Applicable Testing Certifications and Sustainability • IPEMA Certification —www.ipema.org o IPEMA provides a Third Party Certification Service where an independent laboratory provides written validation of a participants' certification of conformance to certain safety standards for their products. o These certifications include ASTM F 1292 and ASTM F2075. o The Third Party Certification Service has randomly selected and tested some of the products of the participating company. o The Third Party Certification Service has performed a plant and/or home office inspection, involving a review of the participants' Quality Assurance Program, installation instructions, and compliant follow up systems. o The list of IPEMA certified products is maintained exclusively by TUV SOD America. • ASTM F1292 o Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment. o Test results must be for Engineered Wood Fiber and Mats. • Test performed on new material. • Test performed on 12-year-old Engineered Wood Fiber. o Test results for Engineered Wood Fiber must show G-max values of less than 155G for an 8" thick system or 120G for a 12" system with a 12' drop height, and HIC values less than 1,000 for both new and 12-year-old materials. o Test results for Engineered Wood Fiber must show G-max values of less than 200G for a 12" system with a 14' drop height, and HIC values less than 1,000 for both new and 12-year-old materials. o Test results for mats must show G-max values of less than 200G and HIC values of less than 1,000 for a 3' drop height. • ASTM F1951 o Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment. o Must meet the intent of the Americans with Disabilities Act(ADA). • ASTM F2075 o Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment. o Material must undergo the test method described in Section 9.0 to determine the presence of tramp metal particles. Metal particles embedded or mixed in Engineered Wood Fiber may cause injury if a child were to fall on/or come in contact with them. The limit for tramp metal was set to reduce the potential of injury. o Standard wood chips, bark mulch or materials from recycled pallets will not be acceptable. • LEED®Credits o Products assist in obtaining LEED (Leadership in Energy and Environmental Design) credits for projects. o Sustainability Analysis performed by a LEED Green Associate. o Recycled Content, Regional Materials, and Construction Waste Management, along with others, are available for use in LEED project certification. PART 2: MATERIAL DATA • Engineered Wood Fiber o Shredded wood fiber consisting of randomly sized pieces. o Recycled wood from used pallets are not acceptable. o The amount of Fibar Engineered Wood Fiber necessary to provide the approximate depth after compaction is as follows: Depth Quantity 8" 38 cubic yards per 1,000 sq. ft. of playground area 9" 42 cubic yards per 1,000 sq. ft. of playground area 10" 46 cubic yards per 1,000 sq. ft. of playground area 1 1" 48 cubic yards per 1,000 sq. ft. of playground area 12" 50 cubic yards per 1,000 sq. ft. of playground area • Drainage System— Patented under U.S. Patent numbers 4,679,963; 5,026,207 and 5,076,726, and other patents pending. o FibarDrain • Drainage matrix that channels water away from playground. • Minimum flow rate of 10 gpm/ft. • Needle-punched 100%non-woven geotextile sleeve encasing a monofilament nylon mesh. • Laid out on 6'-0 centers in the direction of the grade. • Prevents deterioration of Fibar Engineered Wood Fiber. o FibarFelt • Needle-punched 100%non-woven geotextile fabric that separates the Engineered Wood Fiber from soil below. • Material allows water to flow through, and prevents rock and soil contamination of the Engineered Wood Fiber. • Designed to cover the sub-grade and drainage matrix to ensure proper drainage. • Seams should be overlapped 3". • Accessory Items o FibarMat • 3' x 3' x 1.5" with beveled edges(ADA compliant) on all sides. • Placed under each swing seat, tire swing, slide exit, and sliding poles. • Prevents excessive wear under swings and slides. • Can be placed on top, in middle or under Engineered Wood Fiber(but over FibarFelt). o ADA Wheelchair Access Ramp • Crafted from High-Density Polyethylene. • Won't fade, splinter or crack. • Wide enough for motorized wheelchairs. o FibarGuard Borders • Crafted from High-Density Polyethylene. • Won't fade, splinter or crack. • Rounded corners prevent injury. • Four feet long and 12" high. PART 3: SITE PREPARATION AND INSTALLATION PLEASE NOTE: In accordance with standard design and construction practices, The Fibar Group, LLC and its Representatives recommend using the services of a certified engineer, architect, or landscape architect who is familiar with local soil and climate conditions to evaluate and interpret any information provided by The Fibar Group, LLC and its Representatives. The Fibar Group, LLC assumes no responsibility for determining the size of the playground or the safety zone between the equipment and the border. Installer must thoroughly examine the site and specifications, carefully checking the dimensions before starting work. All instructions are subject to equipment manufacturers' installation specifications and in accordance with the licensing requirements of The Fibar Group, LLC, these specifications, and conformance with the dimensions, notes and details shown on the plans. • In-Ground Installation (Exiting at Grade Level) o Excavate area to proper depth, based on Critical Fall Height. o Minimum 1%downward grade to ensure proper drainage to FibarDrain Strip. o On grades of greater than 10% - use of FibarSystems is not recommended. o Remove all roots, stones, and vegetation. o Accurately grade and firmly compact entire area, especially where fill materials have been utilized. o Excavate trench 2" wide x 6" deep, perpendicular to grade at lowest point of playground area. o Install FibarDrain and connect low end of strip to storm drain or similar device to remove collected water. o Install playground equipment. o Install retaining border or curb. o Install FibarDrain strips at 6' centers in direction of grade. o Cover sub-grade and drainage trench with FibarFelt. • Allowing 3" overlap at all seams. • Slit to fit around footings of equipment. • Overlap all slits with either next piece of FibarFelt or scrap piece, to ensure complete coverage. o Install FibarMat wear mats either on FibarFelt, in middle of Fibar Engineered Wood Fiber®or on top of system. o Permanently mark, with paint or other type of permanent marker, all the legs of the playground equipment with the compacted system design depth. o Spread Fibar°Engineered Wood Fiber using a Bobcat, small front-end loader or our Express Blower Trucks. • Care should be taken when driving over FibarDrain. • Do not make sharp turns on FibarFelt or FibarDrain. o Install all materials delivered. • Additional materials are supplied to account for natural compaction. • Material may be several inches high, until it compacts. • Feather edges to make smooth transition to grade or border. o Hand spread and rake for smooth, finished surface. o After two weeks of active use, surface should be raked again. o Consumer Product Safety Commission (CPSC) and ASTM recommends Use Zones of at least 6 feet around all equipment, except: • Swings— Use zone equal to 2 times the height of top rail is needed in front and behind swings. • Slides— Use zone equal to height of slide plus 4 feet, extending a minimum of 6 feet, in front of slide exits. o Complete information on use zones can be found at CPSC and ASTM. • Above-Ground Installation (Exiting at Border or Curb Level) o Minimum 1% downward grade to ensure proper drainage to FibarDrain strip. FibarDrain strip should be installed so that it discharges outside of playground borders. o On grades of greater than 10% - use of FibarSystems is not recommended. o Remove all roots, stones, and vegetation. o Accurately grade and firmly compact entire area, especially where fill materials have been utilized. o Install playground equipment. o Install retaining border or curb. o Install FibarDrain strips at 6' centers in direction of grade. o Cover sub-grade and drainage trench with FibarFelt. • Allowing 3" overlap at all seams. • Slit to fit around footings of equipment. • Overlap all slits with either next piece of FibarFelt or scrap piece, to ensure complete coverage. o Install FibarMat wear mats either on FibarFelt, in middle of Fibar Engineered Wood Fiber or on top of system. o Permanently mark, with paint or other type of permanent marker, all the legs of the playground equipment with the compacted system design depth o Spread Fibar Engineered Wood Fiber using a Bobcat, small front-end loader or our Express Blower Trucks. • Care should be taken when driving over FibarDrain. • Do not make sharp turns on FibarFelt or FibarDrain. o Install all materials delivered. • Additional materials are supplied to account for natural compaction. • Material may be several inches high, until it compacts. • Feather edges to make smooth transition to grade or border. o Hand spread and rake for smooth, finished surface. o After two weeks of active use, surface should be raked again. o Consumer Product Safety Commission (CPSC) and ASTM recommends Use Zones of at least 6 feet around all equipment, except: • Swings— Use zone equal to 2 times the height of top rail is needed in front and behind swings. • Slides— Use zone equal to height of slide plus 4 feet, extending a minimum of 6 feet, in front of slide exits. o Complete information on use zones can be found at CPSC and ASTM. PART 4: WARRANTY & INSURANCE • Manufacturer's Limited Warranty o The Fibar Group, LLC provides a written 25-year warranty against loss of resiliency for the FibarSystem 300. o The Fibar Group, LLC provides a written 20-year warranty against loss of resiliency for the FibarSystem 200. o The Fibar Group, LLC provides a written 15-year warranty against loss of' resiliency for the FibarSystem 100. o The Fibar Group, LLC provides a written lifetime warranty on the FibarFelt geotextile fabric material. o The Fibar Group, LLC provides a written lifetime warranty on the FibarDrain drainage matrix. o The Fibar Group, LLC provides a written 3-year warranty on the FibarMat wear mats. • Product Liability Insurance Certificate with project owner named as certificate holder. PART 5: MEMBERSHIPS & CERTIFICATIONS • Memberships o The Fibar Group, LLC is a member of IPEMA, the International Play Equipment Manufacturers Association. IPEMA is a member-driven organization whose mission is to assist in providing creative, fun, and safe play environments for children. t IPEMA - r ��; s_ mummoou wn amruer � �� rum�muun�noa�na• � a._i • Certificates of Compliance r IPEMA F IPEMA CEFIUFlED t CERTIFIED asTM 4f • ABM' , ASTM F 1292 ASTM2075 MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue,3rd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 2 INVITATION TO BID (ITB)2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK August 9, 2016 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. ATTACHMENTS. Exhibit A: Pre-Submittal Meeting Sign In Sheet Exhibit B: Revised ITB Price Form Exhibit C: Additional Specifications Section 01630 Substitutions II. MODIFICATIONS. 1. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Wednesday, August 17, 2016, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. 2. Invitation to Bid Summary has been revise as follows: Project Completion Timeframe: 1-20150 calendar days, Substantial Completion 459180 calendar days, Final Completion 3. Section 0200, Instructions to Bidders has been revised as follows: 28. Subcontracts: 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 7-040% percent of the Contract Price. III. ANSWERS TO QUESTIONS BY PROSPECTIVE BIDDERS AT THE PRE-BID MEETING AND VIA EMAIL. Q1. Sheet LH-2 - Typical Signage Detail NOTE states Signage from LSI (or equal) to have safety information about each piece of equipment, and all warning information clearly shown on both sides of the sign. Please provide equipment list, specs, and warning information for each piece of equipment. 1 I ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK Q10. ITB page 3 calls for the project completion timeframe to be 120 days to substantial completion. However ITB page 97, Article 2.2 stipulates a 270 calendar day completion time frame. After having done a quick preliminary CPM for this project we find the time frame not appropriate for the magnitude of the work included. The playground equipment ordering process, including preparation and review of shop drawings, plus the time required for fabrication and then installation will require more time. We respectfully request the City to consider a more reasonable timeframe like the 270 days shown on ITB page 97 as a minimum to substantial completion. Please advise. A10. Article 2.2 in page 97 of the ITB is part of a "Sample Contract", not the actual contract. Please see A.2 for the time extension. Q11. ITB page 3 indicates that the 5% Bid Guaranty is not required for this project. Please confirm that a Bid Bond is NOT required? All. A bid bond is not required. Q12. ITB page 3 indicates Liquidated Damages of $1,000 shall be assessed for each day after Substantial Completion. We find the Liquidated Damages to be high for a project this size when compare to other projects. Will the City consider reducing the Liquidated Damages per day amount? Please advise? Al2. No, we used the Liquidated Damages Formula as depicted in the "Local Assistance Procedures Manual" September 30, 2004 to arrive to$1000.00 Q13. ITB page 8 contains item #2 in instruction to bidders and mentions as part of the scope of work "variations to existing showers to make them ADA compliant", but plans do not show any work being done on the showers, and plans are missing any architectural or plumbing changes. Please clarify if any work is required on the existing shower area and provide plans and specifications for such work. A13. Revision is shown•in new addendum on revised sheet LH-1 with revision date 7/18/2016. Note that the only change will be to add 2 grab bars to each existing shower tower. No plumbing or other changes required. Q14. ITB item No. 28.4 states the GC shall perform with its own organization, "not less than 70% of the Contract Price". If this is meant to say with its "own personnel", not including subcontractors, it would impossible to comply, since the equipment, railings, ramps and landscaping will be by far above the 30 % allowed for subs. We respectfully request the City of Miami Beach revisit this requirement. Please advise. A14. Please refer to modification No. 2 above. Q15. There is a need for rental parking spaces to the GC for the project employees and subcontractors at Park. There will be an approximately requirement for 12 parking spaces. Please advise if the City will provide these spaces or if renting them, please provide monthly fees for the same. A15. Parking will not be provided; the contractor will be required, prior to Notice to Proceed (NTP), and as a requirement to pull the Building Permit, to provide a Construction Parking & Traffic Management Plan (CPTMP) for approval by the Parking Department Director. All costs associated with the plan implementation must be part of the Bid Price. See attached CPMP Form. 3 I ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK Q16. Specification 01010 item 1.02-D addresses project Alternates and dearly indicates this item is "Not Applicable", but plan LD-1, detail 1 calls the wood deck "proposed Alternative". Please confirm if the wood deck is to be included in the Base Bid price or is it to be considered an Alternate. Please advise. A16. This is meant to read as "proposed alternative wood" meaning not real wood (i.e. not PT pine or Ipe) for the decking surface. This dune crossing is to be included in the base bid price. Q17. Specification 01010 item 1.06-D-14 addresses the need for a staging area for the GC shall be provided for trailer, storage trailers, and for unloading of equipment and materials. Please indicate size, where such a staging area would be located and type of existing surface so we can include any restoration work required. Please advise. A17. As a part of the new addendum on revised sheet L-1 with revision date 7/18/2016, a concurrent project to work on the concrete walk along the dune headed south of this Allison Park site will be going on at the same time as this project. They have requisitioned 2 parking spaces and will make an opening in the rock wall for access. This area is shown on this revised L-1 and the area directly north of this is now marked • as"Construction Storage and Temporary Trailer Location. Q18. Plan LE-1 shows 38 trees/palms to be relocated as per tree schedule, but proposed plan LP-1 only shows location for 32 Coconut palms being relocated, some of them extremely close to existing trees. Where are the remaining relocations to be planted? Within this project site? Please clarify proposed locations of the other trees/palms relocations? A18. All relocations are on this site. Some of the coconut palms are to be located in the planting cut-out's next to the parking bays (on the east side of the parking lot between the parking and the rock wall). Also you will find the relocated Green Buttonwoods in this area as well. Q19. Plan LH-1 shows a detail requiring 12" of"engineered wood fiber", but no specifications were provided. Please provide specifications for the required system. A19. Please refer to A-4 above Q20. Plan LH-1 shows a detail requiring a 12" layer of"engineered wood fiber" requiring excavating the existing sand. Proposed grades for mulch area shown in plan C-1 pretty much shows grades to remain close to existing which originates the questions of what to do with the excess sand. Are we to haul away from the site any excess sand? A20. Sheet C-1 shows grades that are circled in the playground area. These grades are roughly 6" to 12" above existing (there are a lot of ups and downs in the existing area). The idea is even though the water will percolate through the mulch, we are attempting to "mound up" in the middle of the playground and slope outward to the planting areas to provide positive drainage in very heavy rain events. All existing soils to remain on site. Q21. Plan LH-1 shown a new 4' high aluminum fence for the playground perimeter. No specifications were provided for such a fence. Please provide specifications, thickness of aluminum tubes, footings size, etc. 4 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK A21. Sheet LH-1 detail 4 shows a typical cross section through this security fence. Note that this is showing a fabricated aluminum railing and as noted in this detail a pre- fabricated "equal" will be acceptable. Shop drawings for whichever type of fencing is used will be required, and those drawings will need to specify size of footing based on whatever type of fencing you use. Q22. Plan LH-1 calls for a new automatic door opener to both men and women bathroom doors. Such openers require power to the door unit being installed, but no instructions were provided about the power requirements or the source of such power. Please provide specific information about the source and how to bring the power conduits to the new location, surface mount? Cut CMU wall to install conduit and patch? A22. Existing restrooms have power conduits for light switches and such available at the doorways. As no exploration of these conduits has been made, allow for the possibility of having to run additional wiring in order to provide enough power. Cutting wall and patching will be the best option. Q23. Plan LH-1 calls also for a door operator push control on the exterior of the bathroom walls to operate the automatic opener. Please provide instructions for proposed location, and mounting height. A23. Dependent on the type of units used (this item has the "or equal" option; refer to Exhibit C attached), manufacturer requirements will be different. They are to be installed as close to the doorway as possible to provide best visibility. The buttons are to allow for ADA access and according to ADA code are typically mounted between 34" and 48" above finished floor. Q24. Please confirm no electric strike locks at door latches are required at bathrooms doors, since none is shown or mentioned in plans. A24. No electric strike locks are to be used. Q25. Plan LH-1 includes a note calling for"4 custom radii benches", but plans show five (5) groups of radii benches. Please confirm if five groups of benches are to be included in base price. A25.Yes bench 4 is shown with a gap between and could be considered 2 benches and not one for a total of 5 benches. Q26. Plan LH-2 includes a note for the playground equipment showing the basis for design to be Landscape Structures but includes "or equal". Please advise as to which other manufacturers would be acceptable to the City. Is Playmore Recreational Products to be considered an equal? Is Park Structures Inc to be considered an equal? A26. Please refer to Exhibit C attached. Q27. Plan LH-2 showing the playground equipment show some pieces of equipment that may be proprietary to Landscape Structures only and may not have an exact equivalent with other manufacturers. Are we allowed to substitute similar equipment that would comply with the design intent of the unit and comply with the ADA accessibility requirements? A27. Please refer to Exhibit C attached. 5 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK Q28. Plan LH-2 shows a new sidewalk located north of the proposed playground area and shows a band perimeter, but no specifications regarding the finishes of the sidewalk or of the band shown. Is the sidewalk to be plain concrete? Colored concrete? Is the band a smooth finish perimeter band? Please clarify finishes for the proposed new sidewalk. A28. New concrete sidewalk is to be gray to match existing sidewalk adjacent to this area. Existing sidewalk has "cells"that have a broom finish surrounded by a smoother finished border. This new sidewalk could have 8' x 8' cells to match. • Q29. Plan LH-2 shows a new concrete ramp located west of the proposed wood deck, but no specifications regarding the finishes of the ramp shown. Is the ramp to be plain concrete? Colored concrete? Please clarify finishes for the proposed new ramp. A29. This ramp is to match existing sidewalk adjacent to it. This is a colored concrete with a light broom finish. Q30. Plan LI-1 calls for the contractor to install a new main valve in the center green circle island and attach the existing system to remain to this main valve. Please provide plans or "as-built" of the existing irrigation system, showing existing irrigation lines, so we can better assess the changes required to accomplish this task. A30. No as-built is available. New system will replace existing system in all areas except the circle in the middle. Q31. Plan LI-1 shows the existing irrigation main line to remain as far as the location of the proposed new backflow preventer assembly, which is to be replaced, but fails to show the size of such line. Please provide size of main irrigation line to remain. A31. Existing mainline is 2". Q32. Plan LD-1, Detail #8 showing the proposed wood decking shows a cross section of a square wood member under the 2" x4" of the "removable"wood deck portion that is shown as a 10" x 10" but is being called a 3" x 6" PT. Please confirm if the wood member is a 3" x 6" PT or please clarify detail. A32. These squares are 6" x 6" x 3" thick. They are attached to a 3"x10" stringer and their 6" plus the 4" of the 2"x4" that sits on them makes the 10" needed to be flush at the top for the Resysta wood decking to sit on top of. 033. Plan 'LID-1 contains details showing the proposed wood decking and wood railing but fails to fully specify attachment and fasteners required, such as models and size of metal straps, size and finish of bolts, and spacing of fasteners. The drawings are sufficient to estimate a cost but probably will not pass the requirements of the building department which may require shop drawings and calculations for such footings, structure and railings. Will the City of Miami Beach, as the Owner, be providing such Engineering services including sealed drawings and calculations? A33. Notes have been added to the revised sheet LD-1 dated 7-18-2016 stating that shop drawings and structural drawings are to be provided for this deck by the GC. As all of these materials are "or equal" the drawings will be based off of selected materials. Fasteners, bolts, etc. will need to be determined by structural engineer to meet requirements as stated in FBC (notes reflecting this have been added to LD-1 as well). 6 ADDENDUM NO.2 K INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK Q34. Plan LD-1 shows detail #4 showing proposed elevations for the wood deck ramp and it calls for a maximum 1:12 slope for such deck. Deck section to the east of the proposed top of deck at+8.14, shows a drop to +6.50 in a span of 10'-11' which exceeds the 1:1.2 max slope. Please clarify proposed elevations of the wood deck. A34. Revised sheet LD-1 dated 7-18-2016 have been revised to allow for a max 12:1 slope. Q35. Plan LD-1 shows detail #4 showing proposed elevations for the wood deck ramp and it also shows existing grade elevations near the proposed ramp that seem to be lower than the proposed ramp. See +6.50 ramp elevations vs. existing grade of +7.62. Are we to excavate the ramp area in order to install it? Please clarify proposed elevations of the wood deck. A35. Existing dune areas slope down to where ramp is located from the point that shows 7.62. But yes, in order to install footings, the area will need to be excavated. Note that this is a manmade sand dune and existing grades may be different at time of installation due to wind/water erosion/build-up over time. Q36. Proposed wood deck has no specifications as regards to the type of wood required. Is the wood required to be #1 or #2 grade? Is the PT treatment to be CCA or ACQ/CA? Please provide specifications for the wood type. A36. No. 1 grade is only needed on the outside boards which will be visible to people using the crossing. All of the interior stringers can be No. 2 grade. As to the treatment type, since the structural engineer will need to specify the type of fasteners needed to meet FBC standards, the use of certain treatments might not be appropriate. For example, stainless steel is not appropriate with certain treatments, so if stainless steel fasteners are specified then the type of treatment used will need to be adjusted. Q37. Plan C-1 shows existing trench drain to be extended but it is not clear what the required extension length is. Please provide larger details showing the extension of the trench drain and calling out dimensions. A37. As stated in Scope of Work on C-1, Extension is approx. 7' in length. It is to cover the 5' width of the ADA walkway and an additional 2' of ADA parking area. Q38. Plan C-3 shows a detail for"Pavement section"which we believe it does not apply since plan C- 1 only calls for asphalt restoration of a shaded area around the trench drain extension. Please confirm that only the shaded area shown in C-1 is to receive new asphalt restoration and that the rest of the parking area is to remain as it exists. A38. As no exploration of existing parking area was performed, it is unknown what may be discovered once area is cut away. This is just a typical detail if any sub-grade is needed, but more than likely not applicable to this project. The area shaded is the extent of the asphalt modifications; however, note that as per the Scope of Work shown on C-1, the striping is to be redone to account for the new layout of the ADA parking, 5' walkways, and layout of the stripes north of this new ADA parking. Q39. Plan C-3 shows detail for trench drain extension but fails to specify depth of trench drain and if the bottom is a slopped bottom or level. Please clarify details of proposed trench drain extension. A39. As-built of existing trench drain is not available. Exploration of existing drain will need to be performed and extension will need to match. 7 ? ADDENDUM NO.2 INVITATION TO BID NO 2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK • Q40. Plan C3 contains detail for a paver section, but no,other plans indicate a proposed paver area. Please confirm if this detail does not apply to this project. A40. Paver Section detail not applicable to this project and can be ignored. Q41. Plan C3 contains paving and drainage notes #4 that mentions corrugated aluminum drainage pipe, but no other plans indicate a proposed drainage pipe. Please confirm if this note does not apply to this project. A41. No corrugated aluminum drainage pipe applicable to this project. Q42. At the pre-bid meeting, the City staff mentioned a possible Alternate pricing for using PIP instead of the engineer wood fiber. Please provide specifications for the PIP alternate and confirm location where the PIP is to be included. In the 12" deep area only? Is the 4" deep to receive PIP also? Please clarify. A42. Only Engineered wood fiber is to be used. 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. ",cz ely, Al- DF is Pro,+rement Director 8 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK EXHIBIT A Pre-Bid Meeting Sign In Sheet 1 9 1 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK r- - MIAMI BEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: July 6, 2016 @ 10:00AM TITLE: ITB 2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK NAME COMPANY NAME PHONE# FAX# (PLEASE PRINT) 2 ,E-MAIL ADDRESS 5ra- iat'Inc-.. 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(3) (30f) l4o/59$ e%fe-oh/Sr-xzue-no,..l_eo.,1 8'l- )' O fi'- 7955 MIAMI BEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: July 6,2016 @ 10:00AM TITLE: ITB 2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK NAME COMPANY NAME PHONE# FAX# (PLEASE PRINT) E-MAIL ADDRESS Kristy Bada Procurement-CMB 305-673-7000 786-394-5494 kristybadaemiamibeachfl.aov ext. 6268 1✓t +J t� e�n Wald CoVI b}�'U t tr t✓'D P(,Vc.kic.t £gJj 13iYeir Acsoc/fales c„,„ , cal ) c P- cal3 --673--71 60L'iva_ �af�2'nrc 1 2r2 @ %G iacQ��(- d✓ C.),/• 6 7-6) 305--G 73 -�I Svsevefeee-rm .e -11r.ityi Coos *Arkwowt-z-- - C011 Ptotews.,(1, Cod I Eylt coyi r.4,-!2 COW:4' cm ' EXHIBIT B Revised ITB Price Form 10 1 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK A-1 City.of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-Inclusive total cost for the work specified In this bid,consisting of furnishing all materials,labor,equipment,shoring, supervision,mobilization,demobilization,overhead and profit,Insurance,permits,and taxes to complete the work to the full Intent as shown or Indicated In the contract documents.Any or all alternates,tf applicable,may be selected at the City's sole discretion and based on funding availability. BIDDER MUST SUBMIT THIS ITB PRICE FORM FULLY COMPLETED,INCLUDING SECTIONS 1 AND 2,AS PART OF THE BID RESPONSE. FAILURE TO DO SO SHALL DEEM THE BIDDER NONRESPONSIVE. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern.In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. Section 1—Bidders Price: . PROJECT TITLE: ITB 2016-153-KB:CONSTRUCTION SERVICES FOR ALLISON PARK COMPANY NAME: Cost 01-General Requirements $ 02-Demolition $ 02-Hardscape $ 02—Landscape $ 02-Irrigation $ Playground Equipment $ 02-Parking Lot $ 16—Electrical $ SUBTOTAL $ Allowance for City Indemnification $25.00 Permit Allowance $25,000.00 Owner's Contingency of 10%(based on subtotal)* *Lump Sum Grand Total(Total Base Bid) $ 'PROJECT SHALL BE AWARDED TO THE LOWEST,RESPONSIVE,RESPONSIBLE BIDDER OFFERING THE LOWEST LUMP SUM GRAND TOTAL(TOTAL BASE BID) ANY UNUSED PORTION OF THE 10%OWNERS CONTINGENCY AT THE CONCLUSION OF THIS PROJECT SHALL BE RETURNED TO THE OWNER. WRITTEN TOTAL: Section 2-Bidder's Affirmation: Company: Address Line 1: Address Line 2: Telephone: Email: Signature: Title/Printed Name: Submitted: Date Balance of Paqe Intentionally Left Blank 11 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK EXHIBIT C Additional Specifications Section 01630 Substitutions 12 1 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK SECTION 01630 SUBSTITUTIONS PART 1-GENERAL 1.01 DESCRIPTION A. Furnish and install products specified and named in their respective Specifications or on the Drawings unless substitution is allowed by the requirements stated in this Section. B. For products specified only by reference standard, select product meeting that standard,by any manufacturer. C. For products specified by naming several products or manufacturers,select any one of those products and manufacturers names which complies with their respective Specifications. D. For products specified by naming only one or more products or manufacturers and stating "or equal", submit a request as for substitutions, for any product or manufacturer which is not specifically named. E. Requests for any substitutions not submitted in accordance with the instructions herein will be denied. 1.02 RELATED SECTIONS • A. Section 01340-Shop Drawings,Working Drawings and Samples B. The technical specifications related to the proposed substitution. 1.03 PRODUCTS LIST A. Within 30 days after award of Contract,submit to Architect/Engineer five copies of complete list of major Products which are proposed for installation. B. Tabulate Products by specification section number and title. C. For products specified only by reference standards,list for each such Product: 1. Name and address of manufacturer. 2. Trade Name. 3. Model or catalog designation. 4. Manufacturer's data: a. Reference standards. Current 8/9/16 ITB 2016-153-KB 01630-1 b. Performance test data. 1.04 SUBSTITUTION SUBMITTAL REQUIREMENTS—"OR APPROVED EQUAL" A. Within a period of 30 days after award of Contract,Architect/Engineer will consider formal requests from the Contractor for substitution of products in place of those specified. B. After the end of that period, the request will be considered only in case of product unavailability or other conditions beyond the control of the Contractor. C. Submit a separate request for each substitution. Support each request with: 1. Complete data substantiating compliance of the proposed substitution with requirements stated in the Contract Documents: a. Product identification,including manufacturer's name and address. b. Manufacturer's literature; identify: 1) Product description. • 2) Reference standards. 3) Performance and test data. c. Samples,as applicable. d. Name and address of similar projects on which product has been used,and the date of each installation 2. Itemized comparison of the proposed substitution with product specified; List significant variations. 3. Data relating to changes in the construction schedule. 4. Any effect of the substitution on separate contracts. 5. List of changes required in other work or products. 6. Accurate cost data comparing proposed substitution with product specified. 7. Designation of required license fees or royalties. 8. Designation of availability of maintenance services, and sources of replacement materials. D. Substitute products shall not be ordered or installed without written acceptance of Architect/Engineer. E. Architect/Engineer will determine the acceptability of proposed substitutions. Current 8/9/16 fTB 2016-153-KB 01630-2 1.05 SUBSTITUTIONS WILL NOT BE CONSIDERED FOR ACCEPTANCE WHEN: A. They are indicated or implied on Shop Drawings or product data submittals without a formal request from Contractor. B. The manufacture of the product substitution does not meet the Qualifications as stated in the specifications. C. They are requested directly by a subcontractor or supplier. D. No data is provided relating to changes in construction schedule. E. There is any effect of substitution on separate contracts. F. Changes are required in other work or products. G. There is no accurate cost data comparing proposed substitution with product specified. H. There are required license fees or royalties above and beyond the specified vendor. I. Availability of maintenance services, sources of replacement materials does not equal that provided by the specified vendor. J. Acceptance will require substantial revision of Contract Documents. 1.06 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution Contractor represents that: 1. He has investigated proposed product and has determined that it is equal to or superior in all respects to that specified. 2. He will provide the same warranties or bonds for substitution as for product specified. 3. He will coordinate installation of accepted substitution into the Work, and will make such changes as may be required for the Work to be complete in all respects. 4. He waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his Contract,but not: a. Costs under separate contracts. b. Architect's/Engineer's costs of redesign or revision of Contract Documents. Current 8/9/16 ITB 2016453-KB 01630-3 1.07 ENGINEER DUTIES A. Review Contractor's requests for substitutions in accordance the Shop Drawing review requirements. B. Notify Contractor,in writing,of decision to accept or reject requested substitution. 1.08 SUBSTITUTION SUBMITTAL REQUIREMENTS-"NO SUBSTITUTIONS PERMITTED" A. Contractor may not request a substitute item or vendor/manufacturer for which the specifications indicate"No Substitutions Permitted". PART 2 -PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION Current 8/9/16 ITB 2016-153-KB 01630-4 MIAMI BEA H City of Miami Beach, 1755 Meridian Avenue, 3rd Floor,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 INVITATION TO BID (ITB)2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK July 29, 2016 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. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, August 12, 2016, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. 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 RESPONSES TO 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 RafaelGranadomiamibeachfl.qov. 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. S er- KA, A:xDe Pr. ur-ment Director ADDENDUM NO.1 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK INVITATION TO BID ( ITB) Construction Services for Allison Park ITB No. 2016-153-KB BID ISSUANCE DATE: JUNE 20, 2016 BID OPENING: AUGUST 4, 2016 @ 3:00 PM ISSUED BY: KRISTY BADA MIAMI BEACH Kristy Bada, Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenu, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x6218 I Fax: 786.394.4073 I www.miamibeachfl.gov kristybada @miamibeachfl.gov INVITATION TO BID SUMMA_ RY MIAMI BEACH .Bid:Element Description Invitation to Bid No. 2016-153-KB Estimated Construction Budget $800,000 ITB Title: Construction Services for Allison Park Basic Description of the Scope of Work: This project consists of the construction of an ADA accessible playground and dune crossing for beach access at Allison Park, located on 6475 Collins Ave. Bid Issuance: JUNE 20, 2016 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 Third Floor; 1755 Meridian Avenue Miami Beach, FL 33139 Pre-Bid Conference JULY 6, 2016 AT 10:00 AM Date, Time, & Location: Procurement Department El Meeting is Mandatory(only if box is Third Floor; Conference Room checked) 1755 Meridian Avenue Miami Beach, FL 33139 Dial-in Instructions: • Dial the Telephone Number: 1-888-270-9936 • Enter the Meeting Number: 5804578 and then press the pound (#) key Site Visit Date, Time, & Location: There will not be a scheduled site visit, however contractors are encouraged to visit the site, at their ❑ Site Visit is Mandatory(only if box is convenience. checked) Last Day for Receipt of Questions: JULY 25, 2016 AT 5:00 PM Bid Due Date &Time: AUGUST 4, 2016 AT 3:00 PM Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Bid Opening Location Procurement Department (respond to): Third Floor 1755 Meridian Avenue Miami Beach, FL 33139 Response Format: Per bid documents: • 1. Sealed Opaque Envelope (Properly Addressed) As per Section 0400 Below Basic Bid Requirements: 1. Bid Guaranty of 5% Please reference Section 0200 for detailed information. ❑ is required at the time of bid submission. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 2 E is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: ® SHALL be required prior to contracting with the successful bidder. Alternative security instruments will be considered under City Code. Bidders shall submit a Letter of Intent from an A-rated Financial Class V Surety Company to bond the project. ❑ SHALL NOT be required for this project. Prevailing Wage Rates ❑ SHALL be applied. Please reference Section 0200 for detailed information. ® SHALL NOT be applied. Project Completion Timeframe: 120 calendar days, Substantial Completion 150 calendar days, Final Completion Liquidated Damages: $1,000.00 shall be assessed for each day after Substantial Completion that the Work is not complete. Procurement Contact Information: Kristy BadaContracting Officer 11 Phone: 305.673.7000 ext. 6218 E-mail: kristybada @miamibeachfl.gov CONE OF SILENCE: Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://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 communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado(c�miamibeachfl.gov. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 3 TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS 5 0200 INSTRUCTIONS TO BIDDERS 8 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS 13 0400 BID SUBMITTAL REQUIREMENTS & FORMAT 15 0500 GENERAL TERMS AND CONDITIONS 17 APPENDICES: PAGE APPENDIX A PRICE FORM, BID TENDER FORM, & SUPPLEMENTS 48 APPENDIX B LIST OF PLANS AND SPECIFICATIONS 76 APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL 79 APPENDIX D REQUIRED FORMS (POST-AWARD) 84 APPENDIX E SAMPLE CONTRACT 96 BID NO: 2016-153-KB CITYOF MIAMI BEACH !`AIAMIBEACH 4 • 0100 DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the • Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. • 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and 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 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed, Purchase Order(s), • Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 1.11 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Sample Contract (Appendix E, attached), as may be amended by Change Order. 1.13 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information, and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.18 Owner's Contingency: The term "Owner's Contingency" shall mean a line item owner's contingency amount contained in the Schedule of Values for the Project , which owner's contingency amount, shall be included within the total base bid for the Project. The Owner's Contingency shall be used as a source of funds for the costs reasonable and necessarily incurred and paid by the Contractor with prior City's approval. The Owner's Contingency is to cover construction related cost which were not specifically foreseeable or quantified as of the date of Bid submittal, including but not limited to the following: correction of minor defects or omissions in the Work not caused by the Contractor's negligence; cost overruns due to the default of any subcontractor or supplier; minor changes caused by unforeseen or concealed site conditions; and minor changes in the Work not involving adjustment in the Contractor Price or extension of the completion date and not inconsistent with the approved final plans and specifications. 1.19 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.20 Program Manager: Not applicable. 1.21 Project: The construction project described in the Contract Documents, including the Work described therein. 1.22 Project Initiation Date: The date upon which the Contract Time commences. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 1.23 Resident Project Representative: Not applicable. 1.24 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. 1.25 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. 1.26 Subcontractor: A person or entity having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.27 Substantial Completion: The date certified in writing by Consultant, and as fully determined by the Contract Administrator in his/her sole discretion the work, or a portion thereof, is at a level of completion in substantial compliance with the Contract Documents such that all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion and/or other authorization from the City acceptable to Contract Administrator must be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.28 Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.29 Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. Balance of Page Intentionally Left Blank BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 7 0200 INSTRUCTIONS TO BIDDERS: 1. General: The following instructions are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a box ( ❑ ) which may be checked ( E ). 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: This project consists of the construction of an ADA accessible playground and dune crossing for beach access at Allison Park, located on 6475 Collins Ave. The scope of work includes new landscaping, irrigation, a picket fence around the playground, a picnic table, benches, ADA compliant mulch surface, installation of ADA automatic door openers to the existing men and women bathrooms, make variations to existing showers to make them ADA compliant, furnish and install playground equipment and exercise equipment. The existing parking lot will be restriped to allocate for one additional handicap parking space. 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: 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: This Scope of Work shall be completed at the following Location: 6475 Collins Avenue; Miami Beach, FL 33141. 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 BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 8 directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 7. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 8. ❑ Bid Guaranty: This bid shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid Securities of the unsuccessful Bidders will be returned after award of the Bid by the Mayor and City Commission. 9. ❑ Prevailing Wage Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 10. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 9 11. Method of Award: The City Commission shall award the contract to the lowest and best bidder. The "lowest and best bidder" shall be defined as the lowest, responsive, and responsible bidder. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 12. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, shoring, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 13. Postponement of Date for Presenting and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective Bidders. 14. Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date in accordance with City Code Section 2-371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 15.Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011-3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service- disabled veteran business enterprise. 16. Equal Benefits Ordinance: Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. Bidders shall complete and return, with their bid, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the Bidder certifies that such firm does not discriminate in the provision of Benefits between BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that the successful Bidder/Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that a Bidder is considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Bidders will find Attachment A-6 in Appendix A of this Solicitation which consists of an FAQ Section and Required Forms for Bid Submittal. 17. City Manager's Review: After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. 18. City Commission Authority: The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. 19. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees 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. 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 BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 11 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID SUBMITTAL. 20. PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) III. FLORIDA DEPARTMENT OF TRANSPORTATION IV. MIAMI-DADE TRAFFIC ENGINEERING DEPARTMENT V. MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD) VI. FLORIDA POWER AND LIGHT (FPL) VII.CITY OF MIAMI BEACH • Public Works Right-of Way Permit • Building Permit • Tree Permit VIII. SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) The successful contractor shall be responsible for extending the Class V permit expiration date as needed. The successful contractor shall be responsible for obtaining a Right of Way Permit from the City of Miami Beach Public Works Department. The successful contractor shall be responsible for obtaining a dewatering permit from the appropriate agencies if necessary. Balance of Page Intentionally Left Blank BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 12 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS Each Bidder shall satisfy each of the following requirements cited below. Failure to do so will result in the bid submittals being deemed non-responsive. In order to be considered for award, bidder must provide evidence of the following minimum requirements: 1. Licensing Requirements: Bidder shall be State of Florida certified and licensed General Contractor to be considered for award and submit evidence of licensing with their bid. The qualified bidder shall hold all required current certified licenses in order to provide the scope of work as set forth in the bid documents. Copies of all license(s) shall be submitted with bid submittal or within three (3) calendar days upon request from the Contracting Officer. List jurisdictions and categories in which the bidder is legally qualified to do business and indicate registration or license numbers, if applicable. 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience for proiects similar in scope and complexity. References must include projects completed or in progress within the last ten (10) years. Similar projects shall be interpreted to mean construction of parks that include installation of playground equipment and construction. For all references submitted, Bidders shall submit at a minimum the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone number, 5) Contact's Email, 6) Narrative on Scope of Services Provided and 7) Contract amount. By submitting a bid, the bidder authorizes City Administration to contact the firm's stated references for the purposes of evaluation for this Project. Any information obtained from the references will not be disclosed to the Bidder. 3. Bidder must have the capability to provide a performance and payment bond for the project. The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter from an A-rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. 4. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Bidders may be required to submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH ; IAMI BEACH 13 The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Any Bidder who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, may be declared non-responsive. Balance of Page Intentionally Left Blank • BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 14 0400. BID SUBMITTAL REQUIREMENTS One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, one (1) bound copy and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Bid packages must contain the following documents, each fully completed, and signed as required in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non-responsive. The City reserves the right to request any documentation omitted, with exception of the Bid Price form and Bid Bond (if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3) calendar days upon request from the City, or the bid may be deemed non-responsive. Non- responsive bid packages will receive no further consideration. BID SUBMISSION FORMAT: Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide a Cover Page including the following information: • Name of Bidder. • Address of submitting Bidder. • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) • Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. • Table of Contents. Tab B. MINIMUM QUALIFICATIONS AND REQUIREMENTS Bidders shall provide evidence of experience, as required herein in Section 0300 Minimum Qualifications and Requirements. Surety capacity letter shall be submitted in Tab C Financial Statements. Tab C. FINANCIAL STATEMENTS i. D&B Suppler Evaluation Report. Upon the request of City Administration after a Bid has been submitted, the lowest and best Bidder shall pay D&B to send the Supplier Qualifier • Report (SQR) to the prospective Bidder and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility of the prospective Bidder. The prospective Bidder shall request the report from D&B at the following website: BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 15 https://s u ppl ierportal.d n b.com/webap p/wcs/stores/servletlSu pp l ierPorta l?sto rel d=11696 BIDDERS SHOULD NOT INCLUDE SQR REPORTS WITH THEIR BID SUBMITTALS. Financial Capacity shall only be evaluated for the lowest and best bidder to determine the responsibility of that contractor. Bidders shall submit SQR Reports electronically directly to the Procurement Contact listed herein upon request. ii. In addition to the D&B information, the City may require that proposers submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each Proposers involved in the co- venture must submit financial statements as indicated above. iii. Proposers Bidders shall submit a Letter from an A-rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. Tab D. EXPERIENCE AND KEY PERSONNEL It is a requirement of the bid that the Bidder staff the project with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide the following information: • Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid. • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent • Site Foreman and/or Estimator • A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Tab E. BID PRICE Bidders are required to submit their bid price using the Invitation to Bid Proposal Price Form found in Appendix A, Attachment A-1. Attach Appendix A Price Form, Bid Tender Form, & Supplements fully completed and executed. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 16 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 4.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall"), in the indicated form for Final review and approval: ( ) Bar Chart () Modified CPM () CPM (X) Computerized CPM using Primavera P6 software BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 17 (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P6 software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY (including a native version and a pdf). 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 or the professional who performs scheduling have a vast knowledge in the use of Primavera P6 to develop and update the project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to CONTRACT ADMINISTRATOR for review and acceptance that demonstrates "Catch Up" within seven (7) 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 Not Used., . BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 18 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 may include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate • amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. Such prices shall be broken down to show labor, equipment, materials and overhead and profit.. 4.1.5 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within five (5) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within ten (10) days after the Project Initiation Date set forth in Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: Within ten (10) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 19 • 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 6. Qualification of Surety 6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident • agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 6.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of 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: BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 20 Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6.2. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own • expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by • Contractor. 8. Insurance Requirements: 8.1 The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 21 indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $2,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Builders Rislk 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. Umbrella Liability with limits no less than $10,000,000. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. • 8.2 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 Consultant. 8.3 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. BID NO: 2016-153-KB CITYOF MIA MI BEACH MIAMI BEACH 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: 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. 8.4 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. 8.5 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. 8.6 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 23 Certificate Holder: CITY OF MIAMI BEACH c/o PROCUREMENT DEPARTMENT 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. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, 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 BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 24 • this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address' all objections to any 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 25 14. Inspection of Work: 14.1. Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 14.1.1. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made • by an authority other than City, timely notice shall be given of.the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 14.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 14.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request 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 BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 26 and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 15.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 16. City's Right to Terminate Contract: 16.1. If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to Contractor and its Surety of such delay, neglect or default, specifying the same. If Contractor , within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then City may upon written certificate from Consultant of the fact of such delay, neglect or default and Contractor's failure to comply with such notice, terminate the services of Contractor , exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor , and 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 BID NO:2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 27 as in City's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of said excess. 16.2. If after notice of termination of Contractor's right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 16.3. This Contract may be terminated for convenience in writing by City upon ten (10) days written notice to Contractor (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, Contractor shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by Contractor relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 16.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 17. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 28 19. Rights of Various Interests: Whenever work being done by City's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 20. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and p Y cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and Working Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 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 BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 29 discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 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 BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 30 repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become.due to Contractor or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its p subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 70% percent of the Contract Price. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 31 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. • 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 32 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: 31.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City • copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 33 utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 33.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 33.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing after award of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 34 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the Commission-approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $50,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $50,000 shall be approved in advance by the City Manager or his designee. 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 35 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 38.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 39.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 39.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 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 BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 36 refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 39.2.5. Supplemental costs including the following: 39.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 39.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 37 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 39.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 39.3. The term "cost of the work" shall not include any of the following: 39.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. 39.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 39.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of P remiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, • Contractor's fee shall not exceed ten percent (10%). BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 38 39.4.2.2. For costs incurred under Section 39.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 39.2.4 and 39.2.5, (except Section 39.2.5.3), and Section 39.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 39.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 39 documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 12 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 42. Excusable Delay; Compensable; Non-Compensable: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. 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: BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 40 (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH M!AMIBEACH 41 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 42 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 43 47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 47.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 48. © Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 49. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 51. Hurricane Precautions: 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 44 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51.5. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the Owner or Owner Representative a Huricane Prepardness Plan. 52. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract. before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 45 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: b. The chemical name and the common name of the toxic substance. c. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. d. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. e. The emergency procedure for spills, fire, disposal, and first aid. f. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 46 g. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 58. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. Balance of Page Intentionally Left Blank BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 47 APPENDIX A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender Form: Non-Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6: Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information MIAMIBEACH BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 48 • A-1 City of Miami Beach • ITB Price Form The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid,consisting of furnishing all materials,labor,equipment,shoring, supervision,mobilization,demobilization,overhead and profit,insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates,if applicable,may be selected at the City's sole discretion and based on funding availability. BIDDER MUST SUBMIT THIS ITB PRICE FORM FULLY COMPLETED,INCLUDING SECTIONS 1 AND 2,AS PART OF THE BID RESPONSE. FAILURE TO DO SO SHALL DEEM THE BIDDER NONRESPONSIVE. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern.In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. Section 1—Bidders Price: PROJECT TITLE: ITB 2016-153-KB: CONSTRUCTION SERVICES FOR ALLISON PARK COMPANY NAME: Cost • 01-General Requirements $ 02-Demolition $ 02-Hardscape $ 02—Landscape $ 02-Irrigation $ Playground Equipment $ • 02-Parking Lot $ 16—Electrical $ Allowance for City Indemnification $25.00 Permit Allowance $25,000.00 Owner's Contingency of 10%* *Lump Sum Grand T otal (Total Base Bid), $ (Divisions 01 to 16) *PROJECT SHALL BE AWARDED TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER OFFERING THE LOWEST LUMP SUM GRAND TOTAL(TOTAL BASE BID) *ANY UNUSED PORTION OF THE 10%OWNER'S CONTINGENCY AT THE CONCLUSION OF THIS PROJECT SHALL BE RETURNED TO THE OWNER. Section 2- Bidder's Affirmation: Company: Address Line 1: Address Line 2: Telephone: Email: Signature: Title/Printed Name: Submitted: Date Balance of Page Intentionally Left Blank BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 49 -2 City of Miami Beach, Florida A 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. 2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 50 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: 4rmetndwent Amend rrt Date ilsstwed, Date l's ue:d !Nu fbetr NtiErmbqr Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond ❑, Cash ❑, Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or: Certified Check ❑ No. Bank of _ _ for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Address Line 1: Address Line 2: Telephone Number: _ E-mail Address: Social Security Number: OR Federal I.D. Number: Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 51 A-2 (Sign below if incorporated) ATTEST: (Type or Print Name of Corporation) Secretary (Signature and Title) (CORPORATE SEAL) (Type or Print Name Signed Above) Incorporated under the laws of the State of: BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 52 A-3 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has been in possession of these licenses, certifications, and/or registrations. License/Certification#/Registration# #Years 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. 3. What business are you in? 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. 5. Have you ever failed to complete any work awarded to you? If so, where and why? 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 53 A-3 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers): a. Name of Project b. Owner and Point of Contact (Minimum of Phone Number & E-mail Address) c. Original Contract Value d. Current Contract Value e. Projected Date of Completion per Contract f. Percent (%) Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ❑ Yes ❑No 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: B. The business is a: ❑ Sole Proprietorship ❑ Partnership ❑ Corporation C. The address of principal place of business is: D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: i1 .'ama tftl'e BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 54 A-3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). • • H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. I. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 55 • • J. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, please provide details. K. Under what conditions does the Bidder request Change Orders? L. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. • M. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. O. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? ❑Yes No BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 56 A-3 P. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? ❑Yes No If the answer to either number 12 or 13 is yes, attach a written detailed explanation. Q. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? El Yes ❑No R. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. S. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Title: CONTINUED ON FOLLOWING PAGE BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 57 A-3 IF CORPORATION: Signature Print Name of Corporation Print Name Address Title: WITNESS: Signature Print Name Title: (CORPORATE SEAL) Attest: Secretary BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 58 A-4 SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this day of , 20_. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2014-095-SR. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 59 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 60 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION (Bidder Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by as (name of person whose signature is being notarized) (title) of (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: • BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH A-6 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-XXX of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over $100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). • BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 62 A-6 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional NE, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. • 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 63 A-6 • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. Balance of Page Intentionally Left Blank BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 64 A-6 MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: . Vendor Number(if known): Federal ID or Social Security Number: _ Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund?_Yes No Union name(s): Section 2.Compliance Questions Question 1. Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. n Race Yes No n Sex Yes No • Color Yes No 0 Sexual Orientation Yes No • Creed _Yes_No 0 Gender Identity(transgender status) _Yes_No • Religion _Yes_No U Domestic partner status _Yes_No ❑ National origin _Yes_No ❑ Marital status _Yes_No n Ancestry _Yes_No n Disability _Yes_No E Age _Yes_No - AIDS/HIV status _Yes_No • Height es Yes—No n Weight _Yes— No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note:you must answer this question,even if you do not intend to enter into any subcontracts. _Yes_No BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 65 A-6 Question 2. Nondiscrimination-Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides Firm Provides Firm does not for Employees for Employees Provide Benefit with Spouses with Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.gov/procurement/ BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 66 A-6 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document;to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year ,at , Signature Mailing Address Name of Signatory City,State,Zip Code Title • BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 67 A-6 MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Department ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 9 The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 10 The dates on which such benefits providers were contacted; 11 Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 12 Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State,Zip Name of Signatory (please print) Telephone Number Title Date BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 68 • A-6 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; 2. The existence of benefits providers willing to offer equal benefits to the City Contractor; and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. Cash Equivalent "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 69 A-6 MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Department by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Department evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 70 • B. Administrative Actions and Request for Extension A-6 Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements(CBA) • Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: • 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 71 A-6 I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State,Zip Name of Signatory (please print) Telephone Number Title Date BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMil BEACH 72 A-7 SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Total $ Name of Bidder Authorized Signature of Bidder BID NO: 2016-153-KB CITYOF MIAMI BEACH `/. BEACH 73 A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 C Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive.] • BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 74 A-8 RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. ;'•,i c.; l.'.1(J ) • • • BID NO:2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 75 APPENDIX B List of Plans and Specifications MIAMIBEACH; BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 76 B LIST OF PLANS & SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY CITY OF MIAMI BEACH CAPITAL IMPROVEMENT DEPARTMENT — ' Sheet No./Spec. — Page No Title/Description - ITB 2016-153-KB:Construction Services for Allison Park- DRAWINGS 1 Title Sheet COVER SHEET& INDEX OF DRAWINGS 2 15-0258.1 BOUNDARY SURVEY 3 15-0258.2 CROSS SECTIONS LANDSCAPE & IRRIGATION 4 L-1 DEMOLITION PLAN 5 LE-1 EXISTING TREE SURVEY/DISPOSITION 6 LP-1 SITE LANDSCAPE PLAN 7 LP-2 LANDSCAPE DETAILS 8 LH-1 SITE HARDSCAPE LAYOUT 9 LH-2 PLAYGROUND EQUIPMENT LAYOUT 10 LI-1 SITE IRRIGATION PLAN 11 LI-2 IRRIGATION DETAILS 12 LD-1 DUNE CROSSING DETAILS CIVIL • 13 C-1 SITE PAVING & DRAINAGE PLAN 14 C-2 SITE PAVING MARKING &SIGNING PLAN 15 C-3 SITE PAVING/DRAINAGE DETAILS &SPECS. BID NO: 2016-153-KB CITYOF MIAMI BEACH MI,-AIV BEACH 77 • • • • 0. • 5•' 1'r • • • • • • • • • BID NO 2016 153=KB .: CITYOF MIAMI BEACH. ti IAMI BEACH _ 78 z APPENDIX • Required Forms for Bid Submittal (Note: Attachments below only apply if the adjacent box is checked) ❑ ATTACHMENT C-1: Bid Guaranty Form; Unconditional Letter Of Credit ❑ ATTACHMENT C-2: Statement Of Compliance: Prevailing Wage Rate Ordinance ❑ ATTACHMENT C-3: Statement Of Compliance: Davis Bacon Wages • • MIAMI BEACH BID NO:2016-153-KB CITYOF MIAMI BEACH MIAM)BEACH 79 C-1 ❑ BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiring: Date Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order of and for the account (branch address) of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part of agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) • Drafts must bear the clause: "Drawn under Letter of Credit No. of dated (Bank name) This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. BID NO: 2016-153-KB CITYOF MIAMI BEACH l��' A"\+''+i BEACH 80 C-1 We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the shall be a release of all obligations. (contractor, applicant, customer) This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida la-+w should arise, Florida law shall prevail. Authorized Signature BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 81 C-2 ❑ STATEMENT OF COMPLIANCE: PREVAILING WAGE RATE ORDINANCE NO. 94-2960 No. Contract No. Project Title _ The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 2016-153-KB CITYOF MIAMI BEACH I r^,"T, BEACH 82 C-3 ❑ STATEMENT OF COMPLIANCE: DAVIS BACON ACT No. Contract No. Project Title The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 Contractor By: (Signature) By: (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 83 APPENDIX D Required Forms (Post-Award) ATTACHMENT D-1: Form of Performance Bond ATTACHMENT D-2: Form of Payment Bond ATTACHMENT D-3: Certificate of Corporate Principle ATTACHMENT D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit ATTACHMENT D-5: Certificate of Substantial Completion ATTACHMENT D-6: Final Certificate of Payment ATTACHMENT D-7: Form of Final Receipt MIAMI BEACH BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 84 D-1 FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including . appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 85 D-1 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 86 • • D-2 . FORM OF PAYMENT BOND . - - BY THIS BOND, We , as Principal, hereinafter called Contractor , and - as Surety, are bound • - to the City of Miami Beach, Florida, as 'Obligee, hereinafter called City, in the amount of • Dollars ($ ) 'for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. • WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: awarded the day of , 20 , with City which Contract Documents are by reference:.incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to•as the "Contract"; . . • • • THE CONDITION OF THIS BOND is that if Contractor: • 1. 'Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City_sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance • of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND -EFFECT SUBJECT,- HOWEVER, TO THE FOLLOWING CONDITIONS: • - 2.1; A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. • , 2.2. ' A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after • performance of the labor•or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor,- materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding •• - conditions (2.1) and (2.2)'have been given. - D-2 - 2.4. Any action under this Bond must be instituted in accordance with the Notice - and Time Limitations provisions prescribed in Section 255.05(2), Florida . - Statutes.. BID NO 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 87 The Surety _hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 . - • • Contractor . ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) " (Print Name and Title) day of , 20: IN THE PRESENCE OF: INSURANCE COMPANY: By: - Agent and Attorney-in-Fact Address: - (Street) (City/State/Zip Code) Telephone No.: • • BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 88 D-3 CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by BID NO:2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 89 D-4 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than _ _ . (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. _ (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 90 D-4 agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall.prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 91 D-5 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list wil D-5 be the date of final payment unless otherwise agreed in writing. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 92 Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 2016-153-KB CITYOF MIA MI BEACH '',',I V. BEACH D-6 FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: ,(name, address) • BID/CONTRACT NUMBER: • TO (City): Contractor: • CONTRACT FOR: NOTICE TO PROCEED DATE: • DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) - (date) • City of Miami Beach, Florida By Contract Administrator Date BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 94 • D-7 FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 . BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 95 APPENDIX E Sample Contract MIAMI BEACH • • BID NO 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 96 SAMPLE CONTRACT: NOTE: This Sample Contract is for informational purposes only. The contents of the contract may change based on the best interests of the City. CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as City, and , hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within two hundred and seventy (270) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 97 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand dollars ($1,000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand dollars ($1,000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any,question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* [X] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 98 [ ] This is a Lump Sum Price Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price in the amount of $ . This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in this Agreement. Thereafter, the City shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub-Section 43. Any reduction in retainage below five percent (5%) shall be at the sole discretion of the City after written request by Contractor. All requests for release of retainage shall be made in accordance with, and shall be subject to, the requirements of Section 255.078 of the Florida Statutes, as may be amended. Except as provided by law, the City shall have no obligation to release or disburse retainage until Substantial Completion of the Project. Upon receipt by the Contractor of a Certificate of Substantial Completion pursuant to ITB Section 0500, Sub- Section 43, fully executed by the City establishing the Date of Substantial Completion, and after completion of all items on the punch list and/or other incomplete work, the Contractor may submit a payment request for all remaining retainage. It shall be the BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 99 City's sole determination as to whether any of the items have been completed. For items deemed not to have been completed, the City may withhold retainage up to one and one-half times the total cost to complete such items. Any interest earned on retainage shall accrue to the benefit of City. City shall disburse the amounts withheld upon the City's acceptance of the completion of the items for which they were withheld. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (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 BID NO: 2016-153-KB CITYOF MIAMI BEACH ','1 BEACH 100 shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. BID NO:2016-153-KB CITYOF MIAMI BEACH MIAMIBEACH 101 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 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 102 City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 103 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH City Clerk Mayor CONTRACTOR ATTEST: Signature/Secretary Signature/President Print Name Print Name ATTACHMENTS ATTACHMENT A - Resolution, Commission Item Summary, and Commission Memorandum ATTACHMENT B - Invitation to Bid ("ITB") ATTACHMENT C - Bidder's Response to the ITB ATTACHMENT D - Insurance APPENDIX A: Required Forms APPENDIX A-1: Form of Performance Bond APPENDIX A-2: Form of Payment Bond APPENDIX A-3: Certificate of Corporate Principle APPENDIX A-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit APPENDIX A-5: Certificate of Substantial Completion APPENDIX A-6: Final Certificate of Payment APPENDIX A-7: Form of Final Receipt BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 104 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by Entity Name Page 1 of 2 .FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS S'n 6 rz • Detail by Entity Name Florida Profit Corporation G.E.C. ASSOCIATES, INC. Filing Information Document Number L35579 FEI/EIN Number 65-0162997 Date Filed 12/12/1989 State FL Status ACTIVE Principal Address 9487 NW 12TH ST DORAL, FL 33172 Changed: 02/17/2006 Mailing Address 9487 NW 12TH ST DORAL, FL 33172 Changed: 02/17/2006 Registered Agent Name & Address ENRIQUEZ, LUIS N 9487 NW 12TH ST MIAMI, FL 33172 Name Changed: 02/17/2006 Address Changed: 02/17/2006 Officer/Director Detail Name &Address Title P ENRIQUEZ, LUIS N 251 CRANDON BLVD# 341 MIAMI, FL 33149 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/19/2016 Detail by Entity Name Page 2 of 2 2014 01/09/2014 2015 01/27/2015 2016 01/15/2016 Document Images 01/15/2016 --ANNUAL REPORT View image in PDF format 01/27/2015 --ANNUAL REPORT View image in PDF format 01/09/2014--ANNUAL REPORT View image in PDF format 01/25/2013--ANNUAL REPORT View image in PDF format 01/05/2012 --ANNUAL REPORT View image in PDF format 01/05/2011 --ANNUAL REPORT View image in PDF format 01/05/2010--ANNUAL REPORT View image in PDF format 01/30/2009--ANNUAL REPORT View image in PDF format 01/16/2008 --ANNUAL REPORT ` View image in PDF format j 01/18/2007 --ANNUAL REPORT View image in PDF format 02/17/2006 --ANNUAL REPORT View image in PDF format 02/10/2006 -- Reg. Agent Change View image in PDF format 02/02/2005 --ANNUAL REPORT View image in PDF format 02/23/2004 --ANNUAL REPORT View image in PDF format 01/24/2003 --ANNUAL REPORT View image in PDF format 03/06/2002 --ANNUAL REPORT View image in PDF format 01/30/2001 --ANNUAL REPORT View image in PDF format 02/17/2000--ANNUAL REPORT View image in PDF format 01/21/1999--ANNUAL REPORT View image in PDF format 01/20/1998--ANNUAL REPORT View image in PDF format 01/17/1997 --ANNUAL REPORT View image in PDF format 01/23/1996 --ANNUAL REPORT View image in PDF format 02/21/1995 --ANNUAL REPORT View image in PDF format Coovriaht and Privy^r P9ic'=; State of Florida,Department at State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai l?inquirytype=Entity... 9/19/2016 ORIGINAL `\ .•may MIAMI BEA ....-, ....„ ,,- ..,1* ,,, ... ...., _ ,. .1,.... ,�° RFQ No. 2016-153-KB •ft Construction Services /AL'? For Allison Park GEC ASSOCIATES r CGC 046392 s J, r' .. 9487 NW 12TH STREET 1 -" DORAL, FL 33172 /7/ \_` EMAIL: gtai @gecassociates.corn , - ��`� �;= Contact: Greg Tai - Project Executive " OFFICE: (305) 994-2150 ' FAX: (305) 994-2159 Federal Tax ID: 65-0162997 Corporation Since 1989 I P SUBMISSION DATE: Ik 1y Friday, August 19th, 2016 at 3:00 PM i II111 SUBMITTED TO: III ` City of Miami Beach 01 ;; `;� Procurement Department a. 1755 Meridian Avenue, 3rd Floor Ii 1 I ■ 0i I Miami Beach, Florida 33139 I , 1 ' r GEC ASSOCIATES n £y' e � MIAMIBEACH RFQ No. 2016-153-KB Construction Services For Allison Park Table of Contents TAB A— IDENTIFICATION PAGE AND TABLE OF CONTENTS TAB B — MINIMUM QUALIFICATIONS AND REQUIREMENTS • REFRENCES TAB C — FINANCIAL STATEMENTS • SURETY LETTER TAB D — EXPERIENCE AND KEY PERSONNEL • ORGANIZATIONAL CHART • STAFFING PLAN • RESUMES TAB E — BID PRICE • APPENDIX A— ATTACHMENT Al — A8 - 8. List of Contracts in Progress TAB F — ADDITIONAL INFORMATION • BUSINESS LICENSE • LOCAL TAX RECEIPT • FLORIDA REGISTRATION • CERTIFICATE OF INSURANCE General Contractors —Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 GEC ASSOCIATES £ MIAMIBEACH TAB A. IDENTIFICATION PAGE AND TABLE OF CONTENTS General Contractors —Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 IDENTIFICATION PAGE :, MIAMIBEACH. : 1_ , . . ..... L RFQ No. 2016-153-KB =' e° Construction Services - For Allison Park r, i r yo GEC ' - .c^ G -_ .. ,, A;..,,,., -- , CGC 046392 ,` .... "' 9487 NW 12Th STREET } � � ,, DORAL, FL 33172 EMAIL: gtai@gecassociates.com Y ;� Contact: Greg Tai - Project Executive 1,)q = OFFICE: (305) 994-2150 .A0.04 - FAX: (305) 994-2159 7/ } Y Federal Tax ID: 65-0162997 b.it,t C r • •n Since 1989 t f `'�; I. I� f /�illil August 19th, 2016 Luis riquez—President Date: SUBMISSION DATE:■ A Friday, August 19th, 2016 at 3:00PM A I SUBMITTED TO: City of Miami Beach it' Procurement Department loi I II to 1755 Meridian Avenue, 3rd Floor 1 Miami Beach, Florida 33139 GEC ASSOCIATES MIAMI BEACH RFQ No. 2016-153-KB Construction Services For Allison Park Table of Contents TAB A— IDENTIFICATION PAGE AND TABLE OF CONTENTS TAB B — MINIMUM QUALIFICATIONS AND REQUIREMENTS • REFRENCES TAB C — FINANCIAL STATEMENTS • SURETY LETTER TAB D — EXPERIENCE AND KEY PERSONNEL • ORGANIZATIONAL CHART • STAFFING PLAN • RESUMES TAB E — BID PRICE • APPENDIX A— ATTACHMENT Al — A8 - 8. List of Contracts in Progress TAB F — ADDITIONAL INFORMATION • BUSINESS LICENSE • LOCAL TAX RECEIPT • FLORIDA REGISTRATION • CERTIFICATE OF INSURANCE General Contractors —Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 GEC ASSOCIATES MIAMI BEACH TAB B. MINIMUM QUALIFICATIONS AND REQUIREMENTS General Contractors —Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 GEC MINIMUM QUALIFICATIONS AND REQUIREMENTS ASSOCIATFS MIAMI BEACH References Project Name: North Dade Optimist Park Municipality/Company Name: City of Miami Gardens Project Manager/Contact Name: Anthony Smith Address: 18605 NW 27th Avenue, Miami Gardens, FL 33056 Telephone: (305) 662-8000 E-Mail: asmith1(a�miamigardensfl.gov Completion Date (Month/Year): June 2014 Project Size and Brief Scope: $1,711,135.06 — New Construction of North Dade Optimist Park Community Building including a pervious parking lot, Landscaping, Irrigation, and a New Football and Baseball Field. Project Name: Miami Beach Walk Municipality/Company Name: City of Miami Beach Project Manager/Contact Name: Eric Arencibia Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Telephone: (305) 673-7080 E-Mail: ericarencibia c(Dmiamibeachfl.gov Completion Date (Month/Year): March 2015 Project Size and Brief Scope: $900,000.00— New Elevated Wood Walking Path, Landscaping, Irrigation, Curbs, pavers, and light bollards. Project Name: MDCPS —JOC 150 A2 New Playgrounds Municipality/Company Name: Miami-Dade County Public Schools Project Manager/Contact Name: Maria Sanchez Address: 12525 NW 28th Avenue, Miami, FL 33167 Telephone: (305)995-4459 E-Mail: mesanchez(a�dadeschools.net Completion Date (Month/Year): March 2016 Project Size and Brief Scope: $660,000.00— New ADA Playgrounds including equipment, Site Work, Curbs, and Artificial Turf. General Contractors —Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 GEC ASSOCIATES MIAMI BEACH TAB C. FINANCIAL STATEMENTS (SURETY LETTER) General Contractors —Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 jNIELSON, HOOVER & ASSOCIATES August 1,2016 City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami, Florida 33139 Re: G.E.C.Associates. Inc. -Project: Construction Services for Allison Park- Estimated Contract Price$800.000 TO Whom It May Concern: -_ Please be advised that we are the surety brokers for G.E.C.Associates,Inc.They are currently bonded by Western Surety Company in Chicago,Illinois and chartered out of South Dakota.They are listed in the United States Treasury Department and has an AM Best Rating of A:XII.G.E.C.Associates, Inc.has a bonding capacity of$20,000,000 for any single project and a$45,000,000 aggregate bond program. G.E.C.Associates, Inc.has a current uncommitted bonding capacity of approximately$20,000,000. We have had the privilege of providing.Bid,Performance and Payment Bonds since their inception without experiencing any difficulties furnishing their bond needs. We consider them to be among our finest clients and hold them in the highest regard. Naturally,any bonds that are issued are subject to a review of acceptable contract terms • and conditions as well as normal and standard underwriting criteria at the time of the request. If you need any additional information,please feel free to contact me. Very truly yours, )Western Sure Company ' Charles D.Nielson Attorney-in-fact 8000 Goy ernors Square Soule.ar-i Suite 101 hliami Lakes FL 3.3316 P 305 722.2663 F-305 558 9650 V VC)LCI I I JUI Ipdu Iy POWER OF ATTORNEY APPOLNTL\G INDIVIDUAL ATTORNEY-Di-FACT Know:MI Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duty organized and existing corporation having its principal ot'Fee in the City of Sioux Falls.and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Laura D Mosholder, John R Neu, Charles J Nielson, Brett M Rosenhaus, Kevin «'ojtowicz, Kelvin Richard Wojtowicz, Mary C Aceves, Charles D Nielson, Arthur Colley, David R Hoover, Nicole Colley, Individually of Miami Lakes,FL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign.seal and execute for and on its behalf bonds.undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 12th day of June,20)15 ETrc WESTERN SURETY COMPANY C ,111/10' i ' aul T Braflat,Vice President State of South Dakota ss County of Minnehaha On this 12th day of June,2015,before me personally came Paul T. Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledge same to be the act and deed of said corporation. My commission expires • --� + S. EICH February 12,2021 Sou TFi putpu 174/ S.Eich,Notary Public CERTIFICATE I, L Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto-suf Zscribed my name and affixed the seal of the said corporation this 1 at day of Auquat , 2016 ' ' • ~' WESTERN SURETY' COMP-ANY ,, s`t►� • L Nelsoa Ass�tant Secretary Form F1280-7-201: Authorizing By-Law ADOPTED BY I'HE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of A•tomey is made and executed pursuant to and by authority of the following By-Lau duly adopted by the shareholders of the Company Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary, and Assistant Secretary,Treasurer,or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorney in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile _ y - r GEC ASSOCIATES MIAMI BEACH TAB D. EXPERIENCE AND KEY PERSONNEL • ORGANIZATIONAL CHART • STAFFING PLAN • RESUMES General Contractors —Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 GEC ASSOCIATES Business Experience BACKGROUND GEC Associates, Inc. is a licensed contractor, construction management and architectural firm with corporate offices in Doral, Florida. The Corporation has been established since December 12, 1989 in the State of Florida. GEC Associates, Inc. offers a complete range of construction services on commercial, institutional, industrial, recreational and residential projects. GEC Associates, Inc. is ranked among the top Hispanic firms in the nation, with over $200 million of successfully completed contracts. EXPERIENCE GEC Associates, Inc.'s administrative and senior management staff is composed of a current staff of 11 employees with total staff of 16 employees. Its core management staff includes licensed General Contractors, Architects, LEED Certified Architects, Construction Management graduates and other professional personnel who have extensive backgrounds in all areas of design and construction with the skills encompassing all aspects of project management, design, construction services, civil engineering and construction scheduling. SPECIFIC EXPERIENCE GEC Associates, Inc. has performed construction services for numerous public recreational parks and playgrounds within the Miami Dade county area. The services provided include underground utilities installations, landscaping, playground equipment installation, green area modifications, walkways, seating, running / track installations, stadium seating, site lighting and overall reconditioning of existing parks and stadiums. GENERAL CONTRACTING SERVICES GEC Associates, Inc. has more than 26 years of experience in the field of contracting and it has successfully completed over 250 major projects. Past contracts have included work for School Board of Dade and Broward Counties, Miami Dade Community College, the Cities of Miami, Coral Gables, Miami Beach, Davie and Pembroke Pines, Metro Dade County, U.S. Postal Services, the United States Government and other private institutions that has a variety of restaurants, country clubs hotels and interior renovation projects. CONSTRUCTION MANAGEMENT SERVICES GEC Associates, Inc. provides full construction management services with the experience and track record for evaluating and analyzing the site and specific construction market conditions against the actual construction cost of a specific project and analyzing that to the owner's budget. Construction Management provides an owner with a wide range of services as illustrated below: Administrative Planning • Investigating site and construction market conditions • Advising on construction techniques and materials • Reviewing preliminary plans for cost and time savings • Formulating project budgets and purchasing schedules • Coordinating bidding documents • Assist the design professional in identifying areas in the contract documents documents which may be lacking clarity • Developing over all construction strategic plan, budget, and schedules Bidding Phase • Prepare bidders' list and bid packages • Holding pre-bid conferences and soliciting bids • Preparing the bid analysis and evaluation • Recommending successful bidders • Contract procurement • Develop and distribute CPM schedule • Construction Phase • Provide the construction facilities that is required in the field, depending on specific projects needs and requirements • Providing full-time field management • Arranging for permits, tests and inspections • Coordinating shop drawing approvals • Scheduling the work of contractors • Expediting equipment and material deliveries • Reporting daily construction activity • Inspections • Monitoring cost control reports, schedules and certificates of payments • Arranging for record drawings • Obtaining operating and maintenance manuals • Determining dates of substantial and final completion • Obtaining all the required releases from contractors • Purchasing and expediting Project Close-out and Start-up • Punch-list • Instructional operation walk-thru • Substantial completion inspection • Compiling operation, operation manuals and warranties • Start-up of equipment • Close-out inspection • Final payment and release • Ongoing support and maintenance • Responding to questions regarding operations LICENSING GEC Associates, Inc. is legally qualified to do business, and is registration and licensed in the following areas: Certified General Contractor - CGC 046392 - (Luis N. Enriquez) State of Florida Construction Industry Licensing Board State of Florida Registration — L35579 - (GEC Associates, Inc.) Department of Florida Registered Architect - AR 0010152 — (Luis N. Enriquez) State Board of Architecture, State of Florida MIAMIBEACH Luis N.Ennquez Yolanda Garcia President _ Luis Tarafa Project Coordinator Contract Executive Chief Operating Officer Quality Control Manager Margarita Moreira Ronald Gregory Tai I Accountant Project Executive Jenny Espinales Office Manager t Harold Sanchez Erik Rodriquez P.E.Muehieck Project Manager I Project Manager Project Manager I Subcontractors 1 Sergio Reyes Nathan Garcia Superintendent Superintendent Management Team Ronald Gregory Tai-Manage Overall Contract Luis N.Enriquez-At Estimating/Quality Control Harold Sanchez-Prepare Work Order Proposals Packages,Negotiate with Subcontractors. Foremen P.E.Muehleck-Prepare Work Order Proposals Packages,Negotiate with Subcontractors. Erik Rodriguez-Project Manager Sergio Reyes-Supervise Construction I Carpenters-Labors Nathan Garcia-Supervise Construction Jenny Espinales-Perform Administrative Task/Office Manager Margarita Moreira-Accountant I Suppliers I Suppliers Luis Tarafa-CPM Scheduling Yolanda Garcia-Project Coordinator GEC ASSOCIATES GEC ASSOCIATES _�T Key Personnel STAFFING PLAN Key Persons to be assigned to this project: OFFICE/ TECHNICAL STAFF: ONSITE STAFF: Name: Luis N. Enriquez Name: Nathan Garcia Title: President Title: Project manager/ Superintendent Years with this firm: 26 Years with this firm: 4 Years with other firms: 13 Years with other firms: 20 % of time on this job: 25 % of time on this job: 100 Noteworthy Credentials: Registered Architect. Noteworthy Credentials: Miami Dade Schools CM at Risk projects with Guaranteed Maximum Price CM at Risk renovations. Miami Int. Airport and JOC. Structural repairs. See attached resume for full credentials See attached resume for full credentials Name: Luis Tarafa Title: COO Years with this firm: 6 Years with other firms: 26 % of time on this job: 25 Noteworthy Credentials: Primavera scheduling, Budget Analysis See attached resume for full credentials Name: Harold Sanchez Title: Project Manager Years with firm: 4 Years with other firms: 10 of time on this job: 25 Noteworthy Credentials: Project manager for last 7 completed parks and playgrounds. See attached resume for full credentials General Contractors—Construction Managers 9487 N.W. 12th Street, Doral, Florida 33172 9487 NW 12th Street Doral, FL 33172 Phone 305-994-2150 Fax 305-994-2159 E-mail I nenriquezOgecassociates.com Luis N. Enriquez, R.A. Areas of expertise Construction management, construction supervision, architectural design, construction documents, budgeting, cost analysis, value engineering &office management at all levels of construction company. Education July 1987, Barry University, Miami Shores, FL Master of Business Administration May 1981, University of Miami, Coral Gables, FL Bachelor of Architecture Professional 1989—Present, GEC Associates, Inc., Miami, FL experience President&Owner • Construction company with over 21 years of experience geared to provide construction services for commercial operations. Satisfying clients with a reliable cost-effective product and minimizing down time have earned the company various commercial projects. ▪ Responsible for the construction, scheduling, supervision, contracting, bidding, estimating,quality control and project closeout/warranties. • Project Manager for several City of Miami Jobs (JOC's); Miami-Dade County Public Schools Jobs(JOC's); FAA Tower Expansion & Miami International Airport Jobs; Five (5) years IDIQ Term Partition Contract with GSA; Public Health Trust — Jackson Memorial Hospital 7th & 8th Floors Renovations&Remodeling. • Custom Build 16,000 sf residence in Hollywood, Florida. From plans & permitting to CO. 1985—1991, Enriquez and Associates, P.A., Miami, FL Chief Executive Officer • Responsible for all levels of management, marketing and design, as well as,coordination of working drawings. • Small, computerized, architectural firm specialized in restoration, residential and commercial projects. The firm was profitable for the five years in its existence. Satisfying clients with market oriented philosophy have earned the firm various commercial and custom residential projects • Architect of record for the $28 million dollar restoration of the Biltmore Hotel in Coral Gables, Fl. The project was fast track design build accomplished in a year time. 1983—1985, General Development Corporation, Miami, FL Staff Architect • Responsible for design, development and construction documents. Developed a computer program for energy calculations resulting in 70% reduction in production time. Influential force in obtaining CADD system with expected cuts in production time of 70%. Implemented improvements to construction documents,which resulted in obtaining an Award of Excellence at the 1984 Housing Annual Convention. • One of Florida's largest residential developers, 1985 annual sales of $137 million(1,769 units). 1983, International Architects, Inc., Miami Springs, FL Project Architect • Construction supervision and supervision of the drafting department. Project manager for three-story, 180 beds rehabilitation and convalescent center and a two-story office building. Office coordinators for a medium rise elderly housing project. • Small architectural organization specialized in health care related projects. 1981-1983, Spillis Candela&Partners, Inc., Coral Gables, FL Senior Draftsman • Responsible for design, development and construction documents. Obtained valuable experience in government component of the Metrorail. • One of Florida's largest architectural organizations specialized in commercial projects. 1980-1981, Quincy Johnson&Associates, Miami, FL Senior Draftsman • Responsible for design, development and construction documents. Obtained valuable experience in design and planning of residential developments. • Architectural firm specialized in residential developments and medium density commercial centers. 1979-1980, Felipe de Leon,Architect, Miami, FL Draftsman • Responsible for design, design development, construction documents and permitting for several commercial and residential projects. • Small architectural firm specialized in residential and commercial projects. 1976—1979, Elmer Marmorstein&Associates, Miami, FL Draftsman • Responsible for production of construction documents and general office duties. Acquired valuable experience in construction documents for the U.S. Navy. Licenses and affiliations Licensed Architect, State of Florida, 1984. Certified General Contractor, State of Florida, 1989. Past member of the Board of the American Institute of Architects, Miami Chapter. Chairman of the New Membership Application Committee. Past member of the Board of the University of Miami Alumni Association, School of Architecture. Member of Delta Mu Delta National Honor Society in Business Administration. Awards received Award of Excellence for an outstanding effort and contributions to the overall success of the housing division. General Development Corporation, July 1984. Proclamation for achievements made in the architectural field, Dade County proclaimed March 14, 1987 Luis N. Enriquez,A.I.A. Day. References Available upon request. • 9487 NW 12 Street Doral, FL 33172 Phone 305-994-2150 Fax 305-994-2159 Vgarcia(a�gecassociates.com Yolanda Garcia Areas of Expertise Construction Management, architecture, project coordinator and office management. Education Bachelor of Architecture University of Miami 1979 Professional Experience 2003 — Present GEC Associates, Inc. — Miami, Florida Project Manager/ Coordinator • Responsible for coordinating projects. • Conducts buyouts, submittals, and material delivery ensuring that schedule and delivery dates are met. • Responsible for direct construction administration, scope of work coordination with multiple subcontractors and assisted in the value engineering review phase. • In-charge of all documentation and coordination between the NE, the Design Criteria Professional firm and the General Contractor. • Reviewing and preparing change orders. • Contract scoping and negotiating Subcontracts. • Constructability & Design Reviews. • Develop Subcontractor base & enhance relationships. • Purchasing. • Responsible for GMP development, reviewing contracts and Owner negotiations. • Involvement in CM at Risk, Design Build and TPM contracts. • Conducted weekly project reviews on buy-outs, change orders, submittals, procurement & schedule. References References and additional job list available upon request. Luis Tarafa 1720 SW 149 Passage Miami, FL 33185 305-485-0503 305-216-5668 Successful career spanning over thirty years in construction accounting, government — institutional construction programs, financial management, construction management, and construction scheduling. Broad experience in all aspects of the constructions industry from both the contactors and developer's perspective. Solid planning and organizational skills in coordinating each construction project from its inception through completion. Areas of expertise lie in: • Construction Accounting • Budgets and Forecasting • Financial Management • Construction Management • Construction Scheduling (Primavera) Professional Experience Apr 08— Present GEC Associates, Inc. Dora!, FL Chief Operating Officer Overall authority of the financial and construction operations of the organization. Work closely with the President of the company in assuring that it operates in a fiscally responsible fashion, in compliance with all legal and regulatory requirements and furthers the overall mission and objectives of the company. • Prepare budget, corporate financial statements, audit, corporation federal and state tax returns,job costing, percentage of completion, monthly closing of books and records. • Analyze construction projects for preparation of construction schedule, project budget, negations, subcontractor selection and preparation of subcontract agreement. • Formalized and established procedures to ensure compliance with complex governmental construction proposal submission, awarded contract requirements and governmental accounting requirements. • Successfully developed strong business relationship with Surety Company and Financial institutions that included increases in both Surety Bond and Line of Credit. Sept 03—Apr 08 The Related Group Miami, FL Regional Controller • Promoted to Regional Controller—December 2006 • Condominium Controller of the Year—December 2004 Managed a construction portfolio of $637M in revenue, consisting of 2,230 residential units, 49,110 square feet of retail space in 6 development projects. • Develop construction budget by analyzing construction project criteria and documents; applying historical and standard costs and estimated data. • Compare expenses to project budget; monitor for overruns, compare actual vs. budgeted results and variance analysis, evaluating cost trends, and recommending budget adjustments and corrections. • Review construction bids from general contractors to make sure they are within budget, monitor all change orders and ensure that all change orders are properly approved, • Review contractor's draw, cash flows and cash needs relating to construction loan funds. • Review copies of lien releases, invoices and other backup to ensure that all requests are accurate and comply with construction loan requirements, • Ensure all costs are properly documented and reported to executive management in a timely manner and all construction and development loan requirements are met. • .Review documents detailing project costs as required or requested by the developer or construction manager. • Preparation and analyzing pricing grid for condominium sale. • Review and approve of HUD statement for closings. May 82—Aug 03 Tarafa Construction, Inc. Coral Gables, FL Vice-President—Chief Financial Officer Overall authority for the financial operations of the organization, preparation of budgets, corporation financial statements, audit, taxation, job costing, percentage of completion, monthly closing of books and records. Prepare all corporate federal and state monthly, quarterly and annual tax returns. Develop financial statements; analyze business trends and daily operation and construction costs. Analyze construction projects for preparation of construction schedule, project budget, negations, subcontractor selection and preparation of subcontract agreement. • Develop administrative infrastructure to support company-wide growth of top 500 Hispanic Business in the country. •• Formalize and establish procedures for corporate financial investment portfolio. • Created jobs and system descriptions through the design and documentation of construction accounting procedures. • Formalized and established procedures to ensure compliance with complex governmental construction proposal submission, awarded contract requirements and governmental accounting requirements. • Successfully developed strong business relationship with Surety Company and Financial institutions that included increases in both Surety Bond and Line of Credit. Education: • Florida International University Miami, FL Bachelor of Business Administration —Finance- 1984 RONALD "GREG" TAI 11691 SW 152 Court Miami, Florida 33196 H: (305) 387-2653 C: (305) 796-5009 Email: gtyard @comcast.net OBJECTIVE: To seek challenging opportunities in which to apply my project management skills, multi - tasking abilities and analytical planning to promote growth within an established and progressive construction organization. EXPERIENCE: 8/2014 to Present GEC Associates - Doral, Florida • Project Executive 8/2013 to 8/2014 Thornton Construction - Miami, Florida • Project Executive - CM at Risk Contracts 9/2006 to 8/2013 Mike Gomez Construction - Miami International Airport, Miami Florida • Senior Project Manager / General Manager for the MDAD MCC-7 program 9/2003 to 9/2006 TGSV Enterprises - Miami International Airport, Miami, Florida • Senior Project Manager for the MDAD MCC-6 program 11/97 to 9/2003 Dacra Construction/Scott Robins Construction - Miami Beach, Florida • Senior Project Manager for DDM Joint Venture for the Miami Dade County Aviation MCC 5-97 Program. • Project Manager for major building renovations of the Miami Design District including complete building modifications interior and exterior build outs for retail and office spaces. • Project Manager for rehabilitation of South Beach Savoy Hotel including total interior demolition and remodeling of interior with exterior modifications. 02/96 - 11/97 Roma Construction - Hollywood, Florida • Project Manager- managed multiple projects concurrently in both public and private sectors. Specific projects include: Christian Life Center, Ft. Lauderdale, Paul W. Bell Middle School, Miami, Mount Sinai Medical Center, Miami, Doodles Restaurant, Ft. Lauderdale, Emerald Hills Town Homes, Hollywood, and Waterway Village Apartments, West Palm Beach. 05/86 - 02/96 T.G.S.V. Construction Inc. - Hialeah, Florida • Project Manager for various construction projects within the public sector of the industry. They include Dade County Aviation Department, City of Hialeah, Dade and Broward County School Boards, Jackson Memorial Hospital - Public Health Trust. SKILLS: Project Management -Strong negotiating and establishing sub-contractor agreements -Customize work scope into subcontracts -Cost-coding budget analysis -Preparation and execution of schedule of values -Preparation and execution of owner requisitions -Time extension negotiating -Process sub-contractor schedule -Claims analysis and settlement -Document owner/architect delays -Enforce sub-contractor schedule -Shop drawing review and process -Process RFI's and RCO's -Update and maintain schedules -Project closeout MINORITY PROGRAMS: Project Manager for the MCC-Program contracted by the Miami Dade Aviation Department for five terms, MCC-1 and MCC-4 thru MCC-7 Senior Project Manager for MCC-5 Senior Project Manager for MCC-6 Senior Project Manager / General Manager for MCC-7 EDUCATION: Certified General Contractor Bachelor of Science, Construction Engineering Florida International University, Miami, Florida Associate of Arts, Architecture Miami-Dade Community College, Miami, Florida REFERENCES: Furnished upon request. SPECIFIC PROJECT EXPERIENCE: Project Location Owner Budget MCC - 7-05 MIA Miami MDAD $50,000,000.00 MCC - 6-02 MIA Miami MDAD $35,000,000.00 MCC- 5-97 MIA Miami MDAD $30,000,000.00 Miami Design District Miami Dacra $ 8,500,000.00 Savoy Hotel Miami Beach Sunterra Resorts $ 3,000,000.00 Christian Life Center Church Ft. Lauderdale Christian Life Center $ 5,800,000.00 Physician Offices / Aventura North Miami Mount Sinai Hospital $ 580,000.00 MSMC Third Floor Renovations Miami Beach Mount Sinai Hospital $ 250,000.00 MSMC Third Floor Renovations Miami Beach Mount Sinai Hospital $ 800,000.00 Doodies Restaurant Ft. Lauderdale Davhill Properties $ 300,000.00 Emerald Hills Townhomes Renov. Hollywood Emerald Hilts $ 2,000,000.00 Waterway Village Apartments West Palm Beach Focus Group $ 6,500,000.00 Paul W. Bell Middle School Miami D.C.P.S. $15,000,000.00 MCC-4-93 M.I.A. Miami MDAD $30,000,000.00 Hialeah Fire Station Hialeah City of Hialeah $6,500,000.00 Western High School Addition Davie B.C.P.S. $ 1,000,000.00 Miramar Elementary Miramar B.C.P.S. $ 3,500,000.00 State School "0"Elementary Homestead D.C.P.S. $ 2,500,000.00 Card Reader Phase II Miami MDAD $ 1,000,000.00 Claude Pepper Elementary Miami D.C.P.S. $ 2,500,000.00 Joella C. Goode Elementary Miami D.C.P.S. $ 2,000,000.00 Dobbs House Offices Miami MDAD $ 200,000.00 Concourse "G" Bar Kiosk Miami MDAD $ 80,000.00 Concourse"C" Bar Renovations Miami MDAD $ 80,000.00 10`h Ave Pedestrian Mall Miami Jackson Mem Hosp. $ 3,800,000.00 MCC-1 at M.I.A. Miami MDAD $30,000,000.00 M.I.A. Day Care Center Miami MDAD $ 500,000.00 Gourmet Burger Restaurant Miami MDAD $ 650,000.00 Concourse"J"Terminal Miami MDAD $ 1,650,000.00 Philip E. Muehleck 1390 86th Terrace N St. Petersburg, FL 33702 727-423-8520 EDUCATION: July 1984 - University of South Florida Bachelor of Business Management CGC-1505843 EXPERIENCE: GEC Associates, Inc. - Miami, FL Project Manager:- (1999-Present) • Estimating, planning, and completion of projects. Experience in various sectors of construction from site work to roofing. Familiar with ADA, HIPPA as well as wind mitigation/code demands. • Maintaining constant dialogue with owner as well as sub-contractors on job. • Working with owner/architect on changes made necessary by items missed on blueprint or problems that occur during duration of project. • Overseeing construction to ensure the correct materials are being used in a safe and correct manner in compliance with OSHA regulations. • Maintain working relationship with building managers on Federal as well as private 'sector work in Tampa, Ocala, Orlando and Gainesville. Performed work coinciding with seated Federal and State judges (noise considerations) as well as office and medical buildouts in occupied space. Supervisor:- (1998-2001) • Supervision of projects. • Hiring, firing of trades and labor. 1986- 1998 St. Petersburg Electrostatic Metal Refinishing -St. Petersburg, FL Owner/Operator: - (1986-1998) • Completed projects across the United States, many of which involved fabrication, installation, repair, as well as electrostatic finishing of storefronts in malls generally after hours and often in rush schedules. • Knowledge of business insurance,liability, as well as hiring, firing and maintenance of employees. • Knowledge of scheduling,start-up and completion of large jobs as well as problems incurred when working with many different trades. • Expanded gross sales from less than 20,000 dollars a year to 100,000 dollars annually. REFERENCES: Available upon request. NATHAN GARCIA MIAMI, FL 33177 786-256-5265 NATHANG 1 71 7 @GMAIL.COM DESCRIPTION Professional construction foreman with extensive knowledge and experience in the construction industry adhering to OSHA safety regulations, conscientious of company schedules and cost effective timeline; while providing strong supervision of sub-contractors in hazardous working areas and committing to customer satisfaction. SKILLS *Excellent communication and customer service skills, *Record keeping/Retention, *Self-starter/Self- motivated with minimal supervision. *Capable of handling multiple tasks at once and reporting updates on construction status. `Fluent in Spanish and English PROFESSIONAL EXPERIENCE Construction Supervisor GEC Associates Inc. 2012-Present • • Supervise the construction of multiple Miami Dade County Public School Board owned projects as CM At-Risk. • Schedule daily work procedures with sub-contractors to meet deadlines. • Generate daily work progress reports. • Conduct safety meetings with all staff and maintaining a safe working environment. • Handle the Quality Control Department. Construction Supervisor Mike Gomez Construction Consulting Inc. 2000-2012 • Supervised the construction of multiple Miami Dade County owned projects at Miami International Airport. • Scheduled daily work procedures with sub-contractors to meet deadlines. • Generated daily work progress reports. • Conducted safety meetings with all staff and maintaining a safe working environment. • Handled the Quality Control Department. EDUCATION Miami Jackson Senior High School - High School Diploma 1988-1991 References available upon request Harold Sanchez Jr. 401 69 Street Miami Beach, Fl. 33141 Cell: 786.298.0437 Email: haroldsanchez(@ymail.com EDUCATION:Florida International University, Miami, Florida Bachelor in Construction Management RELEVENT COURSES: • Plans Interpretation • Construction Materials and Methods • Construction Equipment • Principles of Construction Management • Statistics for Business EXPERIENCE: GEC Associates, Inc., Miami, FL. Project Manager/Estimator May 2012— Present • To provide management oversight for all phases of the construction project on numerous on-going jobs, including: coordinating workers, materials, and equipment, ensuring that specifications are being followed, and wok is proceeding on schedule. • Preparing complete estimates to final bid prices on private, institutional, JOC, and public bids. Sands Construction Group, Miami, FL. Estimator/ Project Manager January 2011 — May 2012 • Acquired and set up new contacts and clients ,• Oversee design, drawing review, analysis of projects, and bidding negotiations • Prepared spec book and construction documents • Coordinated material purchasing, project bids and client negotiations • Maintained projects budget, building code compliance, project development, and quality control. • Directed company's website, email system, and vender list T.G.S.V. Enterprises, Inc., Miami, FL. Assistant Estimator July 2006 — January 2011 • Estimated ground up construction projects and design built project • Produced detailed conceptual cost estimates from schematic level documentation • Conducted the preparation and presentation of cost/budget information to project team and clients • Managed company's online project plan/bid room • Originated and maintained company's Xerox center • Developed bid packages and cost for hard bid estimates • Represented company in all pre-bid and bid opening meetings SKILLS: • Fluent in English and Spanish • Microsoft Office, Microsoft Project, Expedition, Excel, and Microsoft Word. ERIK RODRIGUEZ MIAMI, FL 33177 305-233-4528 954-654-6349 T_IBURON @COMCAST. NET PROFILE A bi-lingual professional construction foreman with extensive knowledge and experience in the construction industry adhering to OSHA safety regulations,conscientious of company schedules and cost effective timeline; while providing strong supervision of sub-contractors in hazardous working areas and committing to customer satisfaction. CORE STRENGTHS *Fluent in English and Spanish, *Excellent communication and customer service skills, *Record keeping/Retention, *Self-starter/Self-motivated with minimal supervision *Capable of handling multiple tasks at once and reporting updates on construction status PROFESSIONAL EXPERIENCE Construction Project Manager GEC Associates Inc. 2013-Present • Supervise the construction of multiple Miami Dade County Public School Board owned projects as CM At Risk. • Schedule daily work procedures with sub-contractors to meet deadlines. • Generate daily work progress reports. • Conduct safety meetings with all staff and maintaining a safe working environment. • Handle the Quality Control Department. Construction Supervisor Mike Gomez Construction Consulting Inc. 2008-2013 • Supervised the construction of multiple Miami Dade County owned projects at Miami International Airport. • Scheduled daily work procedures with sub-contractors to meet deadlines. • Generated daily work progress reports. • Conducted safety meetings with all staff and maintaining a safe working environment. • Handled the Quality Control Department. EDUCATION Miami Senior High School High School Diploma 1991 -1994 References available upon request GEC ASSOCIATES JfA etiMIAMI BEACH TAB E. BID PRICE • APPENDIX A - ATTACHMENT Al - A8 - 8. LIST OF CONTRACTS IN PROGRESS General Contractors —Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 r_' EN Dix A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender Form: Non-Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6: Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form:.Recycled Content Information MIAMIBEACH BID NO: 2016-153-KB CITYOF MIAMI BEACH v\lAf'AI BEACH 48 • A-1 City.of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-Inclusive total cost for the work specified In this bid,consisting of furnishing all materials,labor,equipment,shoring, supervision,mobilization,demobilization,overhead and profit,Insurance,permits,and taxes to complete the work to the full Intent as shown or Indicated In the contract documents. Any or all alternates,If applicable,may be selected at the City's sole discretion and based on funding availability. BIDDER MUST SUBMIT THIS ITB PRICE FORM FULLY COMPLETED, INCLUDING SECTIONS 1 AND 2,AS PART OF THE BID RESPONSE. FAILURE TO DO SO SHALL DEEM THE BIDDER NONRESPONSIVE. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern.In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. Section 1-Bidders Price: - • PROJECT TITLE: ITB 2016-153-KB:CONSTRUCTION SERVICES FOR ALLISON PARK COMPANY NAME: GEC Associates, Inc. Cost . al-General Requirements $ I '30155 5. °° 02-Demolition $ 2_5i o OD. °° 02-Hardscape $ (p 0 i 000. 00 02—Landscape $ 1 001 000.°0 02-Irrigation $ 2_51 000.0° Playground Equipment $ 2 55/coO.oO 02-Parking Lot $ 2(/ 000.°° 16—Electrical $ (0/000_•0 SUBTOTAL $ tp22/5-55.°° Allowance for City Indemnification $25.00 Permit Allowance $25,000.00 Owner's Contingency of 10%(based on subtotal)* 4. (p 21255.sO *Lump Sum Grand Total(Total Base Bid) $ 7o9 / 835 50 PROJECT SHALL BE AWARDED TO THE LOWEST,RESPONSIVE,RESPONSIBLE BIDDER OFFERING THE LOWEST LUMP SUM GRAND TOTAL(TOTAL BASE BID) ANY UNUSED PORTION OF THE 10%OWNERS CONTINGENCY AT THE CONCLUSION OF THIS PROJECT SHALL BE RETURNED TO THE OWNER. WRITTEN TOTAL: Section 2-Bidder's Affirmation: Company: GEC Associates, Inc. Address Line 1: 9487 NW 12th Street Address Line 2: Doral, Florida 33172 Telephone: 305 994- -50 Email: � hsanche • gecas�.oc';;:-.com Signature: Title/Printed Name: Luis N. E • President Submitted: August 19th,2016 Date Balance of Page Intentionally Left Blank 11 ADDENDUM NO.2 INVITATION TO BID NO.2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK -2 City of Miami Beach, Florida ~ 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2016-153-KB CONSTRUCTION SERVICES FOR ALLISON PARK The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO: 2016-153-KB CITYOF MIAMI BEACH I�i',I AM BEACI.4 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: �lrt errd rren L o1Fa t, ` } Aiib4rtd t it<t Nt[ `Cet D `ls�r�ed iNu�irbeb it Date,(sued 5! � r Amendment 1 July 29th,2016 Amendment 6 Amendment 2 August 9th, 2016 Amendment 7 Amendment 3 August 10th,2016 Amendment 8 Amendment 4 August 12th, 2016 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond El, Cash ❑, Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or: Certified Check ❑ No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: GEC Associates, Inc. Address Line 1: 9487 NW 12th Street Address Line 2: Doral, Florida 33172 Telephone Number: (305)994-2150 E-mail Address: hsanchez @gecassociates.com Social Security Number: OR Federal I.D. Number: 65-0162997 Dun & Bradstreet No.: 60-939-4721 If a partnership, names and addresses of partners: (Sian below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO:2016-153-KB CITYOF MIAMI BEACH MI;,MIBEACi- A2I (Sion below if incorporated) GEC Associates, Inc. ATTEST��', (Type or Print Name of Corporation) ry -President b / (Signature and Title) t-(CORPORATE SEAL) : ti • Luis N. Enriquez • (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida BID NO:2016-153-KB CITYOF MIAMI BEACH MI AAA i EACH A®3 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has been in possession of these licenses, certifications, and/or registrations. License/Certification#/Registration# # Years CGC 046392-Business License 27 yrs. 2017001202-Tax Receipt 27 yrs. L35579-State of Florida Registration 27 yrs. 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. (Please See Attached in Tab D) 3. What business are you in? General Contractor/Construction Management 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. Proiect Name: MDCPS-JOC 150 A2 Proiect Size:$660.000 Completion Date:March 2016 Scope of Work: New ADA Playgrounds including equipment, site work, curbs,and artificial turf. 5. Have you ever failed to complete any work awarded to you? If so, where and why? No 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. None 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. (Please see attached in Tab B) SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4)Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. • BID NO: 2016-153-KB CITYOF MIA MI BEACH M f AM BEACH A-3 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers): (Please see attached) • a. Name of Project b. Owner and Point of Contact (Minimum of Phone Number & E-mail Address) c. Original Contract Value d. Current Contract Value e. Projected Date of Completion per Contract f. Percent (%) Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ® Yes ❑No 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: GEC Associates, Inc. B. The business is a: ❑ Sole Proprietorship ❑ Partnership ® Corporation C. The address of principal place of business is: 9487 NW 12th Street Coral,Florida 33172 • D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Luis N.Enriquez President BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 54 0 +, 0 0 0 0 0 0 0 0 co ea 0 Ln u, Ln 0 0 , in E au up > > > > > ei ' L o., a a a a a a a a E Q f0 u o O CD • CO O 0 I u > U - v 4 I 3 t0 Z 0 u0.. 0 0 a W a *° o acs 0 O O o 0 0 o 0 o • to o0 rm o U - • O 0 ,-; N Qi m �L. C •--i m V} N l0 rl N 00 0 i0 tn. i} 1./). tn. 1/1 1/? •• U o > H H 5... ++ O O O O O o 0 0 0 O ,� N o 0 o 0 L C i ai 0 0 N .°'-i oo in in. in Ou > .- I- (0 4 - V E > c °° 0 L u c . o � i -0 v; c j c 0 �O c O = E Opp ^ U 0_ O C E N U O O E O UU to d v, f� <o u Q i 07 U 0) to O H `�- 0 E a _ 'II ti fa tn RI O C O N 112 -' in ' u �� p 05 "O c O >. ,v E 7:0 -C NI VI 4•. U �O _ a) L f0 Gv) V .T. m U r2 U C c 0 3 s N v Co • 0 �I • , c '^ m fn U ' v 2 c o 2 C c O 7 O ' U ecv c �O `0 ' NOD 'tii COa E ,' O c .� 2 E 2X11 .+_'' N Em O0 W O N cc Tr E , 1 C f U ' fy u E o0 O` l0 m> N QJ Q�l ,m-I co tz�-1 r4 N Q1 Cl j CU 0. M d u1 Lu 01 C N ^ r0+ :41 N C �; > N ; 0 Fir v0 GJN CO in ui m = 1° Um 3 � v 0 Q � m Zo v � CON E � u a0 °° E U a� a -- Y > N Y n E O ( N ^ w o co a C,c4 efo ro aC)N a al fa E m u a F-- fro I- 'c7-i -o v+ to J Z C ff3 N r5 y f0 , > 0 GJ i f0 C G1 M C1 > U C > ry fa +� U O cJ U a 0 O 'fp C 4! O 0 C C ( 00 co f0 C >- C N 0 - U f0 ro c _vt L ro t to ▪OL O p 12 p O C O fc0 O 1 co v ( 7 O O d 0 --, l7 F- a fn fn u0 m Z _ Z —, _ Z A-3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. None F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years.. Include in the description the disposition of each such petition. None G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). None H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. None I. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. None BID NO: 2016-153-KB CITYOF MIAMI BEACH �,�,\1,,A M I BEACH J. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, please provide details. No K. Under what conditions does the Bidder request Change Orders? Added Scope.unforeseen conditions and owner request changes. L. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Luis N. Enriquez- 100% M. Individuals or entities (including our sub-consultants) with a controlling financial interest: have X have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. None O. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? ❑Yes ®No BID NO: 2016-153-KB CITYOF MIA Iv\ MI BEACH IAM1 REACH A-3 P. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? (NOT APPLICABLE) ❑Yes ❑No If the answer to either number 12 or 13 is yes, attach a written detailed explanation. Q. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? ❑Yes PSI No R. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. S. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: • Signature Print Name of Firm Print Name Address Title: CONTINUED ON FOLLOWING PAGE BID NO: 2016-153-KB CITYOF MIAMI BEACH ��n rS REACH 57 A-3 IF CORPO- ION: 400 4 is% / GEC Associates, Inc. Signs e / Print Name of Corporation c Luis N. Enriquei 9487 NW 12th Street, Doral, Florida 33172 Print Name Address Title: President WITNESS: Signature Jenny Espinales Print Name Title: Office Manager • (CORPORATE SEAL) ;Attest= 1111111112/ Secretary ∎‘\. • • BID NO: 2016-153-KB CITYOF MIA MI BEACH M iAM!BEACH A-4 SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 19th day of August , 2016. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. • The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states th- this Bid is •---d upon the documents identified by the following number: Bid No. 2014-09- - �/ -.I WIFP" Luis N. Enriqu-z PRINTED AME President TITLE (IF CORPORATION) BID NO: 2016-153-KB CITYOF MIA MI BEACH MIAMI BEACH A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). BID NO: 2016-153-KB CITYOF MIA MI BEACH I\ I ,iv',1 BEACH A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION r•� OidelpIr a •re) GEC Associates, Inc. (Print Vendor Name) STATE OF Florida • COUNTY OF Miami-Dade • The foregoing instrument was acknowledged before me this 19th day of August 20 16 , by Luis N. Enriquez as (name of person whose signature is being notarized) President (title) of GEC Associates, Inc. (name of corporation/company) known to me to be the person described herein, or who produced in person as identification, and who did/did not take an oath. NOTARY PUBLIC: !v C� ° `F Neo ar Public State of Florida Irene M Amara S' nature) � M' ^M�n or a f Expires 07/26/2019 FF 240625 Irene Amaro (Print Name) My commission expires: 07/26/2019 • BID NO: 2016-153-KB CITYOF MIAMI BEACH AA A M I BEAC(-1 A-6 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of"Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-XXX of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees. with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local • law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over $100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). • BID NO: 2016-153-KB CITYOF MIA MI BEACH ;0i,- r1 Al BEACH A-6 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional NE, landscape NE, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; BID NO: 2016-153-KB CITYOF MIAMI BEACH M1A ,M BEACH 63 A-6 • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • • Breach/default under the contract; • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. Balance of Page Intentionally Left Blank BID NO: 2016-153-KB CITYOF MIAMI BEACH ,,;w,ill;.Mi BEACH • A-6 M1AMIBEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Name of Company: GEC Associates, Inc. Name of Company Contact Person: Luis N. Enriquez Phone Number: (305) 994-2150 Fax Number: (305)994-2159 E-mail: Lnenriauez( oecassociates.com Vendor Number(if known): Federal ID or Social Security Number: 65-0162997 Approximate Number of Employees in the U.S.: 10 (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund?_Yes X No Union name(s): Section 2.Compliance Questions (NOT APPLICABLE) Question 1. Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑ Race _Yes_No C Sex _Yes_No ❑ Color _Yes_No C Sexual Orientation _Yes_No ❑ Creed _Yes_No C Gender Identity(transgender status) _Yes_No ❑ Religion _Yes_No C Domestic partner status _Yes_No ❑ National origin _Yes_No C Marital status _Yes_No ❑ Ancestry —Yes—No C Disability _Yes_No ❑Age _Yes—No E AIDS/HIV status _Yes_No • Height Yes Yes—No C Weight _Yes— No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note:you must answer this question,even if you do not intend to enter into any subcontracts. _Yes_No BID NO: 2016-153-KB CITYOF MIAMI BEACH M IAN`tfBEACH (NOT APPLICABLE) A-6 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides Firm Provides Firm does not for Employees for Employees Provide Benefit with Spouses with Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.aov/procurement/ BID NO: 2016-153-KB CITYOF MIAMI BEACH INAIAt+o.IBEACH A-6 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without • proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4.Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed t 19t day o - in the year 2016 ,at 12:00 PM /,' = `'- 9487 NW 12th Street Si:' :to�W Mailing Address Luis N. Enriquez Doral, Florida 33172 Name of Signatory City, State,Zip Code President Title BID NO: 2016-153-KB CITYOF MIAMI BEACH `•i11r'ir" I BEACF 67 kik (NOT APPLICABLE) A-6 MIAMIBEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Department ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 9 The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 10 The dates on which such benefits providers were contacted; 11 Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 12 Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State,Zip Name of Signatory(please print) Telephone Number Title Date BID NO: 2016-153-KB CITYOF MIAMI BEACH ,'Vti.I t\i'AI BEACF{ 68 (NOT APPLICABLE) A-6 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; 2. The existence of benefits providers willing to offer equal benefits to the City Contractor; and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. Cash Equivalent "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractors share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 69 (NOT APPLICABLE) A-6 MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Department by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the• Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Department evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: BID NO:2016-153-KB CITYOF MIAMI BEACH MI AM!BEACH (NOT APPLICABLE) c A- B. Administrative Actions and Request for Extension 6 Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash' equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO: 2016-153-KB CITYOF MIAMI BEACH AkksLAM'BEACH (NOT APPLICABLE) A-6 I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company(please print) Mailing Address of Company Signature City,State,Zip Name of Signatory(please print) Telephone Number Title Date BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI MI BEACH 72 A-7 SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Sloping SY $3.00 1000 $3000 Sloping Total $3000 GEC Ass dates, Inc r Na 76 of Bidde f' Aut or' é. Sig -ture of Bidder Luis • iquez President BID NO: 2016-153-KB CITYOF MIA MI BEACH MIAMI BEACH A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive.] BID NO: 2016-153-KB CITYOF MIAMI BEACH 74 A-8 RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 2016-153-KB CITYOF MIAMI BEACH 75 GEC ASSOCIATES .„: 61- "%.1 4PH11101.16-:-1._, .. e'0 u:..� is.1•.' 3'4.. •.:.. wi MIAMI BEACH TAB F. ADDITIONAL INFORMATION • BUSINESS LICENSE • LOCAL TAX RECEIPT • FLORIDA REGISTRATION • CERTIFICATE OF INSURANCE General Contractors -Construction Managers 9487 N.W. 12th Street Doral, Florida 33172 (305) 994-2150 Fax: (305) 994-2159 `µ,. STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION :--.,-sii J .�- . .5' CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 >~'� 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ENRIQUEZ, LUIS NOEL G E C ASSOCIATES INC 9487 NW 12 STREET DORAL FL 33172 Congratulations! With this license you become one of the nearly one million Floridians licensed by tie Department of Business and STATE OF FLORIDA • Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque 3i I DEPARTMENT OF BUSINESS AND restaurants, and they keep Florida's economy strong. ',-' • PROFESSIONAL REGULATION Every day we work to improve the way we do business in order CGC046392 ISSUED: 05/31/2016 —, to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more CERTIFIED GENERAL CONTRACTOR information about our divisions and the regulations that impact ENRIQUEZ, LUIS NOEL ',�--- you, subscribe to department newsletters and learn more about G E C ASSOCIATES INC the Department's initiatives. - m Our mission at the Department is: _icense Efficiently, Regulate - � Fairly.We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, IS CERTIFIED under the provisions of Ch.489 FS. -.-- and congratulations on your new license! Exp.-non Gate AUG 3,.2018 L1605310000778 DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ` ", LICENSE NUMBER . •' l 1,- i. CGC046392 . f The GENERAL CONTRACTOR - 1... Named below IS CERTIFIED %-, 4 Under the provisions of Chapter 489 FS. °`°°.re Expiration date: AUG 31, 2018 ENRIQUEZ, LUIS NOEL +.'. {��r G E C ASSOCIATES INC ""- .�-- `` '-•�. • 9487 NW 12 STREET '�4- 40 DORAL FL 33172 _ _' -- y `N,, . \ ,� I2 • ISSUED. 05/31/2016 DISPLAY AS REQUIRED It " SEQ# L1605310000778 001313 Local Business Tax Receipt LBT Miami—Dade County, State-of Florida -THIS IS NOT A BILL-DO NOT PAY 2206803 BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES GEC ASSOCIATES INC RENEWAL SEPTEMBER 30, 2017 9487 NW 12 ST 2320414 DORAL FL 33172 Must be displayed at place of business Pursuant to County Code Chapter 8A-Art.9&10 OWNER SEC.TYPE OF BUSINESS G E C ASSOCIATES INC 196 GENERAL BUILDING CONTRACTOR PAYMENT RLCCIVED BY TAX COLLEC CGC046392 TOR Worker(s) 2 545.00 07/13/2016 CREDITCARD-16-040054 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 NO.above must be displayed on all commercial vehicles-Miami-Dade Code Sec 8a-216. For more information,visit www.miamidade gov/taxcollector State of Florida Department of State I certify from the records of this office that G.E.C. ASSOCIATES, INC. is a corporation organized under the laws of the State of Florida, filed on December 12, 1989. The document number of this corporation is L35579. I further certify that said corporation has paid all fees due this office through December 31, 2016, that its most recent annual report/uniform business report was filed on January 15, 2016, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifteenth day of January, 2016 t.,,._ lideA% 044A, Secretary of State Tracking Number:CC4745298511 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOf Status/CertificateAuthenticat ion GECAS-1 OP ID: NR c 4SPmoo CERTIFICATE OF LIABILITY INSURANCE DA07/25/201 Y) 07/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:ACT William S. Bodenhamer BUTLER,BUCKLEY,DEETS INC.UL 6161 BLUE LAGOON DR.,STE 4200❑ IA/CO,NNo,Ertl:305-262-0086 (ac No): 305-262-0187 MIAMI,FL 3312600 At oRess:bbodenhamer @bbdins.com William S.Bodenhamer INSURER(S)AFFORDING COVERAGE NAIC B INSURER A:Everest National Insurance Co INSURED G.E.C.ASSOCIATES INC❑❑ INSURER :Commerce&Industry Ins Co 9487 NW 12 STUD DORAL, FL 33172 INSURER C:The Hartford Insurance Group 38261 INSURER D:AXIS SURPLUS INS.CO. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X EN965238 09/10/2015 09/10/2016 DAMAGISE TO RENTE ccurreD PREMES(Ea once) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) S 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 5 2,000,000 POLICY PRO- --)-C1 LOC S JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ C ANY AUTO 21 UECHV4670 11/05/2015 11/05/2016 BODILY INJURY(Per person) $ ALL OWNED x SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS JPER ACCIDENT) S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE EXS5412842 09/10/2015 09/10/2016 AGGREGATE $ 5,000,000 DED RETENTIONS WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N AIG783205 09/10/2015 09/10/2016 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 500,000 D PROFESSIONAL LIAB. EBZ790421012015 10/29/2015 10/29/2016 CLAIM 1,000,000 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Construction Services for Allison Park ITB No. 2016-153-KB L❑ City of Miami Beach as additional insured with regard to General Liability L❑ as per written contract. ❑ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach❑❑ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. Procurement Department❑❑ 1755 Meridian Avenue!DL Third Floor❑❑ AUTHORIZED REPRESENTATIVE Miami Beach, FL 33139 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ATTACHMENT D INSURANCE REQUIRMENTS Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6.2. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions • of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1 The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which BID NO: 2016-153-KB CITYOF MIAMI BEACH ; IAMIBEACH ■Iddi indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $2,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Builders Rislk 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. Umbrella Liability with limits no less than $10,000,000. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 8.2 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 Consultant. 8.3 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. BID NO: 2016-153-KB CITYOF MIAMI BEACH MIAMI BEACH 22 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: 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. 8.4 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. 8.5 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. 8.6 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. BID NO:2016-153-KB CITYOF MIA MI BEACH aAl , BEACH