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Contract with Shoreline Foundation Inc. c A CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal corporation of the State of Florida ("City"), and Shoreline Foundation Inc. ("Primary Vendor" or "Contractor"). W I T N E SS ET H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the Work described in the Contract Documents and related thereto for the Project, and in accordance with the requirements of the Contract Documents. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Purchase Order issued by the City's Procurement Director. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after receipt of Purchase Order, which date shall establish the Project Initiation Date. The Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a Purchase Order to mobilize on the Project site and commence with physical construction of the work. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within thirty (30) calendar days from the issuance of the City-approved Task Order and accompanying Purchase Order, or as otherwise specified in the Task Order, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one hundred dollars ($100.00)for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one hundred dollars ($100.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM 3.1 In consideration of the Services to be provided, Consultant shall be compensated through individual City-approved Task Orders (and accompanying Purchase Orders) issued for a particular project, on a unit price basis for the Work covered by the Contract Documents or reasonably inferable therefrom, or potentially, on a lump-sum fee basis for additional services. The City-approved Task Orders and accompanying Purchase Orders shall specify the total contract amount for the Work covered by the Contract Documents and required by the City-approved Task Order, inclusive of all labor, materials, equipment, costs and expenses, overhead and profit associated with completion of all the Work in accordance with the requirements of the Contract Documents or reasonably inferable therefrom. With respect to unit price Work, City shall pay to Contractor the amounts determined for the total number of each of the units of Work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. The total Contract Price shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work required by the Contract Documents or reasonably inferable therefrom, even if such item of Work is not specifically or expressly identified as part of a line item in the ITB Price Form. 3.3 With respect to any lump-sum price Work for additional services or other Work not covered by the Contract Documents or reasonably inferable therefrom, payment may be at the lump sum price stated in the City-approved Task Order. The lump sum price stated for any such additional services shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in accordance with the requirements of the Contract Documents. 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. Upon submission of an acceptable updated progress schedule and the other documents required herein along with the application for payment, City shall make payment to Contractor with respect to approved Applications for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after fifty percent (50%) of the Work has been completed, the Contract Administrator shall reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any additional reduction in retainage shall be in the sole discretion of the Contract Administrator, after considering any recommendation by the Consultant with respct thereto, and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction in writing in a separate stand-alone document from monthly applications for payment, and shall be considered in accordance with Florida law. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 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 applicable law, regulation, statute or code requirement which is applicable to this Project, the more stringent provision shall prevail and govern the performance of the Work. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: PUBLIC WORKS 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Bruce Mowry, City Engineer With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Shoreline Foundation Inc. 2781 SW 56 Avenue Pembroke Park, FL. 33023 Attn: James A Royo, 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. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. / ATTEST: THE CITY OF MI ' = i1/1 ....%%%%%‘. ,/ , ,----2r 741\.%%%%f.3q4, / .,,,,E c, ,,-:.:>* V.'...-.0.' City Clerk * * Mayor y :INCORP ORATED y Attest: "`�� w ° SHO L E FOUNDATION INC.: jiiiir Signa ure/Secretary :' ' gna a/Pre- dent e611, QOP witneS Pi_. CWO Print Name 'rint Name APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION ja__sv-. —> .5_ Lkc? Date City Attorney fc P ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Competitive Bid Reports -C2 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 17, 2017 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2017-215-ZD FOR CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV, CITYWIDE. RECOMMENDATION The administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida to approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2017-215-ZD, Continuing Services (As Needed) For The Construction Of Seawalls Type II, Ill, and IV, Citywide. ANALYSIS Many of the seawalls throughout the City have exceeded their service life and require replacement/ repairs in order to extend their service life considerably. In December 2015, City Commission approved the award for a continuing services contract for the construction of type II seawalls, Citywide. In order to further the efforts of the replacement and repairs of the City's deteriorating seawalls, the City through this ITB seeks to establish a continuing services contract for the construction of seawalls type II, Ill, and IV, Citywide, on as-needed basis as determined by the City. The City will prioritize seawall replacement/repairs as funding becomes available. ITB PROCESS ITB No. 2017-215-ZD, was issued on April 19, 2017, with a bid opening date of May 2, 2017. Two (2) addenda were issued. The Procurement Department issued bid notices to 141 companies utilizing www.publicpurchase.com website and eight (8) companies via email notification. Forty one (41) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of five (5) responses from: David Mancini & Sons, Inc., Ebsary Foundation Company, Interstate Construction, LLC, Keams Construction Co., Pac Comm, Inc., and Shoreline Foundation Inc. See tabulation sheet(Attachment A). After review of bids received, the Administration is recommending award to a primary, secondary, and tertiary bidder (in the event that primary is unable to perform) as follows: Shoreline Foundation, Inc., as the primary lowest responsive bidder, Keams Construction Co., Page 25 of 889 as secondary lowest responsive bidder, and Ebsary Foundation Company, as the tertiary lowest responsive bidder. The successful bidders'contracts shall be executed for a period of three (3)years, and may be renewed at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year terms. There is no guarantee of work during the contract term. Projects will be assigned on as-needed basis at the discretion of the City. Funding for future years is contingent on approval of future year budgets. The contract will offer more flexible resources to ensure that the Public Works Department fulfill the construction of seawalls, Citywide, on an as-needed basis as determined by the City, in a timely manner while always securing the lowest cost. In its due diligence, the Procurement Department verified the following: 1. Licensing Requirements: Bidders shall be state certified and licensed General Contractors to be considered for award. • Florida General Contractor License (CGC); or • Certified Specialty Contractor(Marine) 1. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in seawall construction projects. References must be projects completed or in progress within the last five (5)years. 2. Bonding Capacity: Bidder must have the capability to provide a performance and payment bond for the project(s). The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter of Intent from an A-rated Financial Class V Surety Company to bond the project. 3. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Shoreline Foundation, Inc., Keams Construction Co., and Ebsary Foundation Company met the minimum eligibility requirements set for this solicitation. Below is a brief description of all firms recommended for award: SHORELINE FOUNDATION, INC. According to the information provided by the firm, Shoreline Foundation, Inc.was founded in June of 1986 and is a fully licensed, insured and bonded contractor capable of handling marine, heavy highway and deep foundation specialty construction projects. Through this diversification, they are able to execute projects throughout the United States with emphasis in Florida, the Bahamas and the Caribbean. KEARNS CONSTRUCTION COMPANY According to the information provided by the firm, Keams Construction Company is a Florida based general contractor that performs primarily marine construction, environmental restoration, commercial diving, and tremie pour services. Keams Construction Company prides itself in being a family and friend owned company that works to create an atmosphere of trust and comradery among its employees. As a result, Keams' may deliver quality work and build strong relationships with its clients. Page 26 of 889 EBSARY FOUNDATION COMPANY According to the information provided by the firm, since 1922, Ebsary Foundation Company has been a family owned and operated business with a deep-rooted belief in family values for four generations. It is headquartered along the Miami River, which gives Ebsary the ability to conveniently access its top-of-the-line marine equipment in all Florida Waterways, while still performing all forms of land based foundation construction. Ebsary specializes in innovative foundation and heavy land and marine construction services; which include, Augered Cast-in-Place Foundation Piling, Steel Sheet Piling and Support of Excavation, Design and Construction of Cofferdams, Tremie Seal placement, Noise Barrier Walls, Driven Concrete, Steel and Timber Piling, Seawalls and Bulkheads, Mooring Dolphins and Fender Systems, Docks and Marinas, Bridge Construction and Dredging. CONCLUSION After considering the bids received and the evaluation of staff, pursuant to ITB 2017-215-ZD and in an effort to expedite the construction of seawalls type 11,111, and IV as the need arises, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to: Shoreline Foundation, Inc., the lowest responsive bidder, as the primary vendor; Keams Construction Co., the second lowest responsive bidder, as the secondary vendor; and, Ebsary Foundation Company, the third lowest responsive bidder, as the tertiary vendor; and.further authorize the Mayor and City Clerk to execute the contract. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION The costs of the related services are subject to funds availability approved through the City's budgeting process for specific projects. Grant funding will not be utilized for this project. Legislative Tracking Public Works/Procurement ATTACHMENTS: Description ❑ Attachrrent A- Tabulation ITB 2017-215-ZD Page 27 of 889 PROCUREMENT DEPARTMENT TALLY SHEET ITB 2017-215-2D CONTINUING SERVICES(AS NEEDED)FOR THECONSTRUC11ON OF SEAWALLS TYPE II,III,AND IV,CITYWIDE COMPANY NAME Shoreline foundation,Inc. Kearns Construction Co. Ebsary foundation Company PAC Comm,Inc. 00vi0 Mancini 850ns,Inc. I iF.n Kearns CONTACT INFORMATION 1 ..I,. 3I,Tel CIIe ITEM QUANTITv U/M i,,,CE e,-4l PP C- e!_ PPICE i TOTAL VRICE .,lIT PPCF ..At=P C- - . - . %F C_ IL1,VP'CF 1 Sheet Pile Type II AZ 14-700 for Seawalls 030 Deep 12000 SF $26.32 I $315,840.00 $30.17 0362,040.00 $30.00 ' 5360500.00 $38.12 $457,440.00 $96.00 I 01102,000.00 2 Sheet Pile Type Ill AZ 26-700 for Seawalls 30'-60 Deep 18000 SF 532.89 $592,020.00 533.95 0611.100.00 533.00 5594,000.00 537.54 $675.720.00 $81.00 i$1,458,000.00 3 Sheet Pile Type IV AZ 50700 for Seawalls 040'Deep 24000 I SF 549.34 $1,184.150.00 559.41 51.425.840.00 $64.00 51,536500.00 567.77 51.626.480.00 $85.00 I 12.040,000.00 4 1r x 1r Batter Piles-9'Centers<30'Deep 1350 I LF 553.86 572,711.00 $50.74 I $68,499.00 $123.00 5166,050.00 $108.68 I $146,718.00 5150.00 5202,500.00 5 14^014'Batter Piles-9'Centers 30'-60'Deep . 2025 LF $51.64 5104,571.00 $64.49 5130,592.25 $100.00 $202,500.00 0123.67 $250,431,75 $366.00 I 5741,150.00 6 '.16"e 16'Batter Piles-9'Centers 060'Deep 2700 1F $65.48 $176,796.00 087.74 5236,898.00 596.00 0259,200.00 $136.01 $367,227.00 $422.00 1 51,139,400.00 7 Sheet Plle Cap for Seawalls<30'Deep 400 1F $186.42 $74,568.00 $242.00 $96,800.00 5370.00 5148,000.00 $194.24 $77,696.00 $521.00 ' $208,400.00 8 !Sheet Pile Cap for Seawalls 30'-60'Deep I 400 I IF 0218.79 $87,516.00 5344.09 $137,636.00 $410.00 1 $164,000.00 $299.13 5119,652.00 5557.00 I 5222,800.00 9 :Sheet Pile Up for Seawalls 060'Deep 400 LF $233.58 $93,432.00 $444.61 $177,844.00 $430.00 $172,000.00 $419.11 5167,644.00 5600.00 ' 5240500.00 10 Seat Wall 400 OF $208.60 $83,440.00 $302.25 5120,900.00 5400.00 $160,000.00 53,056.66 $1,222,664.00 $573.00 1 $229,200.00 11 Pin Piles for Seawall 84 I EA 5703.34 559,080.56 $897.62 $75,400.08 5915.00 076.860.00 $419.07 $35,201.68 51439.00 1 0120,876.00 12 Excavation 100 I CY $12.21 $1,221.00 541.00 $4,100.00 5118.00 511,800.00 $13.03 01,303.00 $51.00 55,100.00 13 .Embankment 100 CY $30.74 $3,074.00 $60.00 $6,000.00 5125.00 512,500.00 $8.96 0896.00 $36.00 I $3,600.00 14 Oolite Boulders 100 TON $98.36 59,836.00 5105.00 510,500.00 5310.00 : $31,000.00 582.04 $8,204.00 597.00 $9,700.00 15 RiPnp•Rubble,Coastal Shore-Urge Boulders 1000 I TON $98.36 $98.360.00 $120.50 $120,500.00 $100.00 $100,000.00 576.35 ' $76,350.00 598.00 1 $98,000.00 16 Fill material-FOOT 457 Stones I 50 i TON $37.60 51,880.00 126.00 $1,300.00 $130.00 :, 56300.00 $41.27 $2,063.50 542.00 'I. $2.100.00 17'Sod a 100 SY $3.99 5399.00 526.00 52,500.00 08.00 5800.00 $20.62 $2,062.00 54.20 '., 0420.00 18 ALLOWANCE FOR COMPLIANCE WITH TRENCH SAFETY ACP' I 10 I EA $25.00 5250.00 525.00 5250.00 $25.00 1 $200.00 $25.00 5250.81 $2500 . $250.00 52,959,154.56 53,588,799.33 154,001.460.00 $5,238,003.13 1 97.873.496.00 1 2 3 4 5 ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS M I A/ 1/ 1 n /� I B EIc Procurement Department 1755 Meridian Ave., 3rd Floor, Miami Beach, Florida 33139 • www.miamibeachfl.gov ADDENDUM NO. 2 INVITATION TO BID NO. 2017-215-ZD CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV, CITYWIDE (the ITB) April 28, 2017 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. DELETE Appendix C, Attachment C-1, Bid Tender Form, in its entirety, and REPLACE with the Revised Bid Tender Form Revision 2), included herein as Exhibit A. Failure to submit the attached Revised Bid Tender Form shall render proposal non-responsive,and said non-responsive proposal shall not be considered by the City.. ` Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a,miamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidsonl miamibeachfl.cov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Pr pective) Bidders"questionnaire with the reason(s)for not submitting a proposal. i c fly, /� i I Denis4 ,f vim, r curement Di ctor 74' ITB 2017-114-ZD Addendum#2 4/28/2017 Page 1 of 4 Exhibit A Appendix C, Attachment C-1 : Revised Bid Tender Form Revision 2 Failure to-submit the-attached Revised;Bid.Tender Form shall render proposal non- espOnsive and said nowres onswe=pro •-al-shall not be'canside ed by the C' ITB 2017-215-ZD Addendum#2 4/28/2017 Page 2 of 4 Cl BID TENDER FORM (Revision 2) Bidder affirms that the TOTAL BID PRICES include the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor,equipment,supervision,mobilization, demobilization, overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or indicated in the contract documents. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive.The Bid Price Form (Section 5)shall be completed mechanically or,if manually, in ink. Bid Price Forms (Section 5)completed in pencil shall be deemed non-responsive. All corrections on the Bid Price Form (Section 5)shall be initialed. In the event of arithmetical errors between the unit prices and the totals,the bidder agrees that the unit price , shall govern. TOTAL ►TEM ,. . DESCRIPTION ... . - QUANTITY UNIT .. UNIT COST .j daantityJ1Uni1eas - 1 Sheet Pile Type II AZ 14-700 for Seawalls<30'Deep 12000 SF $ $ j 2 Sheet Pile Type Ill AZ 26-700 for Seawalls 30'-60'Deep 18000 SF $ $ 3 Sheet Pile Type IV AZ 50-700 fcr Seawalls>60'Deep 24000 SF $ $ 4 12"x 12" Batter Piles-9'Centers<30'Deep 1350 LF $ $ 5 14"x 14" Batter Piles-9'Centers 30'-60'Deep 2025 LF $ $ 6 18"x 18" Batter Piles-9'Centers>60'Deep 2700 LF $ $ 7 Sheet Pile Cap for Seawalls<30'Deep 400 LF $ $ 8 Sheet Pile Cap for Seawalls 30'-60'Deep 400 LF $ $ 9 Sheet Pile Cap for Seawalls>60'Deep 400 LF $ $ 10 Seat V‘iail 400 LF $ $ 11 Pin Piles for Seawall 84 EA $ $ Excavation 100 CY $ $ Embankment 100 CY $ $ 14 Ocllte Boulders 100 TON $ $ 15 Riprap•Rubble, Coastal Shore-Large Boulders 1000 TON $ $ 16 Fill material-FDOT ft57 Stores 50 TON $ $ 17 Sod 100 SY $ $ 18 Allowance for Trench Safety Act(per project as applicable)" 10 EA $ 25.00 $ 250.00 ' TOTAE • . �•.y g. xr... ji Y r J, - _..:k 1 -.,iAk� R BID.. .. *Any cost in excess of the stated allowance shall be borne by the contractor as part of its bid unit process. Continued on the following page. ITB 2017-215-ZD Addendum#2 4/28/2017 Page 3 of 4 Cl Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: Balance of Page Intentionally Left Blank ITB 2017-215-ZD Addendum#2 • 4/28/2017 Page 4 of 4 �V l IAMI BE AC HProcurement Department 1755 Meridian Ave.. 3 Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO. 2017-215-ZD CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV, CITYWIDE (the ITB) April 27, 2017 This Addendum to the above-referenced ITS is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. DELETE Appendix C, Bid Tender Form, in its entirety, and REPLACE with the Revised Bid Tender Form (Revision 1), included herein as Exhibit A. Failure to submit the attached Revised Bid-Tender.Fora[shall render proposal non-responsive,and said non-responsive proposal shall not be Considered by the Crty. II. ATTACHMENT(S): Exhibit A-Appendix C, Attachment C-1: Revised Bid Tender Form untie submit the attached Revised Bid Tender Form shall render proposal fan-responsive,and d eon-responsiveproposal'shallnotbeconSideredbytl city. Exhibit B-Appendix F, Revised Plan and Specifications III. RESPONSES TO QUESTIONS RECEIVED: -- — -017 -C-an bid quantities for sheet pile be clarified? The current bid items vary greatly,We suggest a price per SF per FDOT bidding standards. Al. Please refer to Exhibit A- Revised Bid Tender Form (Revision 1). Q2. Can bid quantities for concrete pile be clarified? We again suggest utilizing FDOT bidding standards with pricing per LF. A2. Please refer to response Al above. 03. Are there any requirements for test piles? A3. Contractors shall assume no test piles will be required. 04. Will the city provide continuous landside access for each for each wall with a staging area and road access? A4. This is a city-wide contract. Some sites may have landside access, water access, and some may have both. Contractors shall assume the worst case scenario. Contractor will be responsible for staging area. Q5 Can site mobilization be a separate bid item; if not should mobilization only be included for sheet pile bid items? A5. Contractors shall include mobilization in the bid item price for sheet pile. ITB 2017-114-ZD Addendum 41 4/27/2017 Page 1 of 10 Q6. Will the City Building Department fees be waived? A6. The contractor shall obtain and pay for any permits that may be required for execution of the work. The City shall reimburse the contractor for the direct cost of the permits. Any re-inspection fees shall be the responsibility of the contractor. Q7. Will USL & H insurance be required? Al. Yes. Q8. Will an installation floater be acceptable in lieu of an "all risk"insurance policy? A8. Yes, coverage should include all equipment and material being stored on-site. Q9. Will the project CPM schedule need to be presented in Primavera P6? A9. No. MS Project can be used. Q10. Who will be responsible for on-site engineering and inspections? A10. The City. Q11. Please clarify which steel sheet pile sections are to be used for pricing, bid form; specifications and drawing notes are no in agreement.AZ-14-770 is not shown on the bid form. All. The bid tender form has been revised to include three sheet pile sections: AZ-14- 700; AZ-26-700 & AZ-50-700. The plan has been revised so the sheet pile sections match with the bid form. Please refer to Exhibits A and B. Q12. Please indicate steel sheet pile lengths for bidding purposes. Al2. The bid tender form includes three lengths: <30', 30'-60', & >60'. Please refer to Exhibit A. Q13. Should bidders assume installation by land or barge? A13. Please refer to response A4 above. 014. Please clarify the steel sheet pile coating limits: 10' does not seem adequate for all scenarios. A14. The plans have been revised to include 10', 15' and 20' for each wall height of <30', 30'-60', &>60' respectively.Please refer to Exhibit B. Q15. Please clarify how many strands in each size of pre-cast concrete pile. A15. The plan has changed to refer to FDOT Indexes 20612, 20614, & 20618 for details on the prestressed concrete piles. Please refer to Exhibit B. ITB 2017-215-ZD Addendum#1 4/27/2017 Page 2 of 10 Q16. Please indicate concrete pile lengths to be used for bidding purposes. A16. Please refer to response Al above. 017. Are all piles to be FDOT type? A17. Yes. 018. Please clarify are the "Oolite Boulders" structural or is there a size or an aesthetic we should be looking to achieve? Oolitic boulders can be cut to achieve square sides or rectangular shapes, is this the desired effect? A18. Assume Structural. Assume a minimum of a 1 foot in diameter for round or equivalent area size for square or rectangular shapes. Q19. Please provide a location for each seawall project. The City of Miami Beach has a large area of seawalls that access is restricted by low bridges (near Muss Park). Most seawall contractors have barge mounted cranes that build seawalls. If the site access is restricted by low bridges, the cost is significantly greater. Please provide the location of each project. A19. This is a city-wide contract. Locations have not been identified. 020. Please provide the soils report for each project. A20. This report is not available.The City will provide information when specific locations have been identified. 021. If predrilling is required, will pre drilling be charged as an extra to the contract? A21. Assume predrilling is required. 022. Please provide utility(water, power, sewer and low voltage)locations (horizontal &vertical)for each seawall project. A22. This report is not available. The City will provide information when specific locations have been identified. Q23. Will this contract adopt an index(CPI or PPI)for material escalations after one year? A23. Yes, please refer to Section 0200 Instruction to Bidders, 59. Cost Adjustments (p. 50) of the ITB, Q24. Will the City pay for destructive testing (concrete breaks)? A24. No. Contractors will be responsible. Q25. Will the City hire an inspector to monitor the installation of piles? A25. The City or City representative will be inspecting the installation of piles. Q26. Will the City's inspector prepare the engineered pile logs? A26. Yes. ITB 2017-215-ZD Addendum#1 4/27/2017 Page 3 of 10 Q27. Will the City be responsible for vibration monitoring? A27. No. The Contractor will be responsible. Q28. Will monitoring the vibration be a contract requirement? A28. Yes. Q29. The plans that are included list Bruce A. Mowry, PHD, PE as the City's engineer. Will the City's engineer design site specific plans for each seawall project? A29. Yes. Q30. Who will be responsible for the final seawall design of each seawall project? A30. The City. 031. Who will secure and pay for the site specific soils report for each project? A31. The City. Q32. Will the City be responsible to secure the permits (DERM, DEP, Army Corp and City of Miami Beach)? A32. Yes. 033. Who will be responsible to secure these permits? A33. The City. Q34. What is the status of the following permits: a. DERM b. DEP c. Army Corp. d. City of Miami Beach A34. No permits have been obtained. Q35. Will the City of Miami Beach pay for all permits(DERM, DEP, Army Corp. and City of Miami each)? A35. Yes. Q36. Who is responsible to pay for the permits(DERM, DEP, Army Corp. and City of Miami Beach)? A36. The City. Q37. Will the City of Miami Beach pay for the impact fees and mitigation costs? A37. Yes. Q38. Who will pay for the impact fees and mitigations costs? A33. The City. ITB 2017-215-ZD Addendum#1 4/27/2017 Page 4 of 10 039. Plan S-1 states. 'ALL SHEET PILING SHALL BE PZ-22, CAST HOT ROLLED, BALL AND SOCKET INTERLOCK " The bid for list three different sheet pile type. Please clarify what sheet pile is required. A39. The plan has been reviewed to clarify the proposed conditions. Please refer to Exhibit B-Appendix F, Revised Plan and Specifications. Q40. The'BID TENDER FORM' has unit costs for different types of seawalls. Each type of seawall type does not have a specific pile length. The contractor needs to bid on a specific pile length. It is not feasible to provide a hard bid when the sheet pile length is not known. Please provide a pile length for each type of sheet pile wall. A40. Please refer to response Al2 and A16 above. Q41. Please provide a specific concrete pile length for each type of batter pile. It is not feasible to provide a hard bid when the concrete pile lengths are not known. A41. Please refer to response Al2 and A16 above. 042. Will the City of Miami Beach provide a staging area for the contractor? A42. No. Please refer to response A4 above. Q43. The plan S-1 does not show any existing seawalls. Who is responsible to remove existing seawalls? A43. Assume existing seawalls are to remain. 044. Does this contract include any liquidated damage penalty? A44. Yes, $100.00 shall be assessed fore- . . - • +1.+'.1 •• -+'•. • + .- Work is not complete. 045. The bid form includes a AZ 50-700 sheet pile seawall. This is massive sheet pile typically used for major seaports. Where is this sheet pile to be used within the City of Miami Beach? A45. The location of this seawall has not been identified. Q46. Please advise if type II material is AZ 24-700 or AZ 14-770 as AZ 14-770 is called in the spreadsheet. A46 The plan and bid tender form have been revised to match three sheet pile sections: AZ-14-700; AZ-26-700 & AZ-50-700. Please refer to Exhibits A and B. Q47 Please advise total SOFT of each type needed (length of wall *length of sheet pile) as there can be a large discrepancy when pricing per ft when not knowing the lengths. A47. Please refer to response Al above. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 1 zuleikadavidsonZmiamibeachfl.gov ITB 2017-215-ZD Addendum 41 4/27/2017 Page 5 of 10 Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the '`Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. rfl f ,;F'2� 1 Pr curement Director ITB 2017-215-ZD Addendum#1 4/27/2017 Page 6 of 10 Exhibit A Appendix C, Attachment C-1 : Revised Bid Tender Form Revision 1 Failure to submit the attached Revised Bid Tender Form shall render proposal non- responsive,and said non-responsive proposal shall not be considered by the.City.._. ITB 2017-215-2D Addendum#1 4/27/2017 Page 7 of 10 Cl BID TENDER FORM (Revision 1) Bidder affirms that the TOTAL BID PRICES include the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials,labor, equipment,supervision, mobilization, demobilization,overhead and profit, insurance, permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Bidders must submit this ITB Price Form fully completed, including Sections 1 and 2,as part of the Bid response.Failure to do so shall deem the Bidder nonresponsive.The Bid Price Form(Section 5)shall be completed mechanically or,if manually, in ink.Bid Price Forms(Section 5)completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5)shall be initialed. In the event of arithmetical errors between the unit prices and the totals,the bidder agrees that the unit price shall govern. item Description Quantity 1;U t M :•_Unit Cost cost) 1 Sheet Pile Type II AZ 2414-700 for Seawalls<30'Deep 1 400 SF � Sheet Pile Type III AZ 26-700 for Seawalls 30'-60' 2 Deeo 400 SF 3 Sheet Pile Type IV AZ 50-700 for Seawalls>60'Deep 400 SF 4 12"x 12" Batter Piles-9'Centers <30'Deep 45 LF 5 14' x 14" Batter Piles-9'Centers 30'-60' Deep 45 LF 6 16"x 13" 18"x 18'Batter Piles-9'Centers>60' Deep 45 LF 7 Sheet Pile Cap for Seawalls<30' Deep 400 LF 8 Sheet Pile Cap for Seawalls 30'-60'Deep 400 LF 9 Sheet Pile Cap for Seawalls>60' Deep 400 LF 10 Seat Wall 400 I LF 1 11 Pin Piles for Seawall 84 EA Excavation 12 11J0 CY 13 Embankment I 100 CY { Oolite Boulders 14 100 TON Riprsp-Rubble, Coastal Shore-Large Boulders 15 1 000 TONi Fill material - FDOT#57 Stones to I 50 TON ALLOWANCE FOR COMPLIANCE WITH TRENCH 17 SAFETY ACT* 10 EA $25.00 6 250.00 s" .%i Tamed'//�'��BI� @ _ zo-.hY m,cxsy,a,_ 3#a. W t �is R .� F t v7 *Any cost in excess of the stated allowance shall be borne by the contractor as part of its bid unit process. ITS 2017-215-ZD Addendum #1 4'27/2017 Page 8 of 10 Cl Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: Balance of Page Intentionally Left Blank ITB 2017-215-ZD Addendum#1 4/27/2017 Page 9 of 10 Exhibit B Appendix F, Revised Plan and Specifications ITB 2017-215-ZD Addendum#1 4/27/2017 Page 10 of 10 4 APO 18 30. '-7 --- .,--. PARES TRES3ED CCNCRE,E PILE / = 0OLorl,loO:(:3 20512, 7._. RE5PECT:VEL/ 1 I CONCRETE CAP 1 ,..----- ,YE03,74,I.rEE r A, --A- ,--- /\,11 .. 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SHEET PLE PLE CAP , , AND-,CCA VC , ',.CNCIE7...0 3E14E0130.NC E7,- ' I I 3A ,,,E,'IP ' L 1Z-3•E:"CNSbrnH1 810 1 WALL Art..•4.301,RESSIVE intENc,IF'WO Av,a.rwa/APO AT.END 7 za 0.5 4 ! -SEE-APLO .0.:D. '0Z-'4-,,,T, 2'56''2 4-‘,.'3-,.3"36. '3. I / 1 AA_1,,F10C,E,0-.41_IE E.P.AGE 30.451.15>EN 31L,..E"33E,AL_3.3_APS SAME,3E A'.104 7 13 3,13 Y-2.J.: ER=COT21,,..713.3EK3RCEK,',CNC.114.,_3,FERAI-a,E A.,03r AC.1 3,013E..0 MANL,AL PS 57-0.04.R0.4C>CL 1 :0-93'i AZ-25-TOG 27 36::'3':A 35935 -I2' 2' 1 ! . NDEA,ES 20812,2C6:8 1 ALL JNIF3PUR)30,03E-E.flf.ACES aNNL-,AvE.4'...141"30,0.EN. , 3 ANO 208 I RSC: 1 83-03--TO 27 56-3.34'0 306":-.I3'.30 57EIL.E.E.7>1.,NC , • A,3,Er M.....4,3E 0.7 403>M.,3,,,L_AN0_AREEN N701,30,<3-3,,E3 EKE-.1.3,AkiE3ICAN A51 ' , e //‘ d, AS,-,0,-,Aan 1.5 4.1.,,,,,E1 3.7.ARCE,13,,,:a AF.,0,E3 E0UAL NEN_NE.33A"-2P'0.Er.3..:Aa •5.r30 ,I, , ,---'SHEET PILE SCHEDULE .-30.0 2T E.:0>50 NAL....E.:14,30,0.0E5 ell,3.0.,"PR,,,a,.•6 AIL,C,NE.55...,,,,,.0 70,0. ,4 01,B&:SANK AND 1----' SHOAN N DEIGN 5(5..SAC alai,SASS 10,,INGS EOR AP.E10vAl 31-,C0S aCrE,C7:0,N i 3-E7,:f1_CCA-CN : A,wsc.0,',ra..00NEY,3.,AND-.303PARE PAL 3E 351 526 AS A.107 5550 or,is-s LING 34,,,55.1850 3 rel,A vnx,.1 7>E',ET,>45,,,,. 200 EE, ....a,• 3E..AC3 4 ..,..L.4.3. F5.3.,0>C70,35>EX," GO..1,.,..3.,3,5,' ..,,,,./e/ :451-1E57)00 71.3ANIC NIA,RIAL:1,1"P4.,xil..IE AL-0,,E1 i --•CANTILEVER STEEL SHEET PEI SECTION FOR RETAINED FILL , 1 % , •A-A(7_..; SHEET PILE SEAWALL PLAiN : —__ • PUBLIC WORKS DEPARTMENT ' WALL 3ECTIONS AND 3E-AILS - -,,,...5.A,,,,..,............... A,0 a.,-.555=.AAAAA AA,A 2-"-' .,,A, 555 'S 5 INVITATION TO BID CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV, CITYWIDE ITB No. 2017-215-ZD BID ISSUANCE DATE: APRIL 19, 2017 BID OPENING: MAY 2, 2017 M I AM I BEACH Zuleika Davidson, Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Drive, 3RD Floor, Miami Beach, FL 33139 305.673.7490 I Fax: 786.373.4404 I www.miamibeachfl.gov INVITATION TO BID SUMMARY BEA Bid Element Description Invitation to Bid No. 2017-215-ZD ITB Title: CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV CITYWIDE Basic Description of the Scope of Work: The purpose of this ITB is to establish a continuing services contract for the construction of steel sheet pile seawalls (also referred to as Type II, Ill, and IV), Citywide, on an as needed basis as determined by the City, as set forth herein and including Appendix F, Plans & Specifications (Seawall Details and Notes). Bid Issuance: April 19, 2017 Technical Drawings and Specifications are available for free download at: www.publicpurchase.com OR are available on CD for pick up for a fee of $20.00 at: Procurement Department 1755 Meridian Avenue; Third Floor Miami Beach, FL 33139 Pre-Bid Conference THERE WILL NOT BE A PRE-BID Date, Time, & Location: CONFERENCE FOR THIS ITB. BIDDERS ARE ASKED TO SUBMIT ANY QUESTIONS IN ❑ Meeting is Mandatory(only if box is checked) ACCORDANCE WITH SECTION 0200 INSTRUCTIONS TO BIDDERS. Last Day for Receipt of Questions: APRIL 25, 2017 @ 3:00 PM Bid Due Date &Time: MAY 2, 2017 @ 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): 1755 Meridian Avenue; Third Floor Miami Beach, FL 33139 Response Format: Per bid documents: 1. Sealed Opaque Envelope (Properly Addressed) As per Section 0400 Below 1. Bid Guaranty of 5% Basic Bid Requirements: Please reference Section 0200 for detailed information. ❑ is required at the time of bid submission. 2 I ITB 2017-215-ZD MIAMIBEACH ® is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: ® SHALL be required for any project in excess of $200,000. Within ten (10) calendar days of City execution of the Task Order, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720.Alternative security instruments will be considered under City Code. Bidders shall submit a Letter of Intent from an A-rated Financial Class V Surety Company to bond the project. :SHALL NOT be required for this project. Prevailing Wage Rates ❑ SHALL be applied. Please reference Section 0200 for detailed information. © SHALL NOT be applied. Liquidated Damages: $100.00 shall be assessed for each day after Substantial Completion that the Work is not complete. Term of Contract: 1. Initial Period of Three(3)Years. 2. Two Additional Optional One (1)Year Renewal Periods at the City Manager's Discretion. Procurement Contact Information: Zuleika Davidson Procurement Contracting Officer I Phone: 305.673.7000 ext. 6943 E-mail: zuleikadavidson(a�miamibeachfl.gov CONE OF SILENCE: Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelq ranado(a�miamibeachfl.gov. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com 3 I ITB 2017-215-ZD MIAMIBEACH TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS 5 0200 INSTRUCTIONS TO BIDDERS 9 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS 14 0400 BID SUBMITTAL REQUIREMENTS & FORMAT 16 0500 GENERAL TERMS AND CONDITIONS 18 APPENDICES: PAGE APPENDIX A BIDDER CERTIFICATION, QUESTIONAIRRE & REQUIREMENTS AFFIDAVIT 49 APPENDIX B NO BID FORM 56 APPENDIX C BID TENDER FORM 58 APPENDIX D OTHER FORMS 61 APPENDIX E SAMPLE CONTRACT 76 APPENDIX F PLANS AND SPECIFICATIONS 86 4 I ITB 2017-215-ZD MIAMIBEACH 0100 DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional Engineer that has been contracted by the City to provide professional services for this project. 1.8 Continuing Services Contract: A term contract through which one or more projects may assigned to an awarded contractor to be completed in accordance with the terms, conditions and pricing set forth in the Agreement. Purchase Orders, following acceptance by the City of the Project Task Order, shall be issued for each project assigned to an awarded contractor under the Agreement. The Purchase Order shall act as and dictate the Notice to Proceed requirements for the project. 1.9 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.10 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 5 I ITB 2017-215-ZD MIAMIBEACH 1.11 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Project Task Order, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. 1.12 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.13 Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Sample Contract (Appendix E, attached), as may be amended by Change Order. 1.14 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.15 Department: The Public Works Department, or any other City department authorized to use any resulting agreement. 1.16 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.17 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information, and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.18 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.19 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.20 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.21 Program Manager: Not applicable. 1.22 Project: The construction project described in the Contract Documents, including the Work described therein. 6 I ITB 2017-215-ZD MIAMIBEACH 1.23 Project Initiation Date: The date upon which the Contract Time commences. 1.24 Resident Project Representative: Not applicable. 1.25 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. 1.26 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. 1.27 Subcontractor: A person or entity having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.28 Substantial Completion: The date certified in writing by Consultant, and as fully determined by the Contract Administrator in his/her sole discretion the work, or a portion thereof, is at a level of completion in substantial compliance with the Contract Documents such that all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion and/or other authorization from the City acceptable to Contract Administrator must be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.29 Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.30 Task Order: At the request of the Public Works Director, the Contractor shall furnish a Task Order for any project under consideration. Each project shall have a project-specific Task Order. The Task Order shall be approved by the Public Works Director. The Task Order shall stipulate the following: • Fixed Project Costs. Project Cost shall be based on plans and specifications provided by the City and shall be in accordance with contract unit prices and other pricing terms. • Additional Services. The City anticipates that the significant portion of all seawall projects awarded pursuant to any continuing services agreement resulting from this ITB shall be completed in accordance with the prices established through the ITB. The City recognizes that there may be instances when the need for services in addition to those stipulated herein 7 I ITB 2017-215-ZD MIAMIBEACH shall arise (e.g., demolition of existing seawalls, installation of sidewalks, project specific requirements). In those cases, the City may negotiate with the Contractor on a mutually agreeable price for the additional services based on available industry pricing. The approval of the City Manager shall be required for any additional services exceeding a project aggregate of $50,000. • Total Project Cost. • Project Approach and Methodology. This shall include any necessary phasing, logistical requirements, etc. • Required Permits. • Project Duration. • Mobilization Plan. • Project Manager & Contact. 1.31 Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. Balance of Page Intentionally Left Blank 8 I ITB 2017-215-ZD MIAMIBEACH 0200 INSTRUCTIONS TO BIDDERS: 1. General: The following instructions are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a box ( ) which may be checked ( ® ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Background and Scope of Work: The purpose of this ITB is to establish a continuing services contract for the construction of Seawalls Type II, Ill, and IV (as defined in the attached specifications), Citywide, on an as needed basis as determined by the City, as set forth herein and including Appendix F, Plans & Specifications (Seawall Details and Notes). The intent of this ITB is to establish a unit price contract for future work. This is not a project specific ITB. 2.1 Multiple Award. The City may award up to three vendors (primary, secondary, tertiary), as available. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 2.2 Project Task Order. Prior to the issuance of a Purchase Order, which is required for the commencement of work, the Contractor shall provide a Task Order for any specific project being considered by the Department. No work may commence until the Task Order is approved by the City and accompanied with a Purchase Order. The work set forth within these bid documents includes the furnishing of all labor, materials, equipment, services, and incidentals for the construction of assigned project. 2.3 Construction Documents. The City shall provide all construction documents pursuant to specifications included herein. The Contractor shall be precluded from providing construction documents, except as authorized herein (e.g., shop drawings, field or record drawings). 2.4 Additional Services or Chance Orders. The City anticipates that the significant portion of all seawall projects awarded pursuant to any continuing services agreement resulting from this ITB shall be completed in accordance with the prices established through the ITB. The City recognizes that there may be instances when the need for services in addition to those stipulated herein shall arise (e.g., demolition of existing seawalls, installation of sidewalks, project specific requirements). In those cases, the City may negotiate with the Contractor on a mutually agreeable price for the additional services based on available industry pricing. The approval of the City Manager shall be required for any additional services exceeding a project aggregate of$50,000. 2.4.1 The City of Miami Beach has adopted the Blue Ways Master Plan (attached). As applicable, a non-motorized vessel launch may be incorporated into each seawall location. The addition of the non-motorized vessel launched shall be 9 I ITB 2017-215-ZD MIAMIBEACH considered an additional service pursuant to this section 2.4. Accordingly, final design, specifications and price shall be negotiated with the contractor upon final determination of requirements by the City. Any resulting non-motorized vessel launch shall be compliant with the following standards: • www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor-developed- areas • www.access-board.qov/guidelines-and-standards/recreation-facilities • www.access-board.qov/guidelines-and-standards/recreation-facilities/guides/boating-facilities 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: Specific project locations are not available at this time. Projects may be assigned throughout the City. 6. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this ITB. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 10 I ITB 2017-215-ZD MIAMIBEACH 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: Intentionally omitted. 9. Prevailing Wage Rates: Intentionally omitted. 10. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the PROCUREMENT DEPARTMENT prior to award of the Bid by the Mayor and City Commission. 11. Method of Award: The City Manager shall recommend to the City Commission that the lowest and best bidder(s) be awarded a contract. The City Manager's recommendation shall take into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the proposer to perform the contract. (2)Whether the proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. 12. Contract Price: The Contract Prices, also referred to as unit prices, are to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 13. Postponement of Date for Presenting and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective Bidders. 14. Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date in accordance with City Code Section 2- 371, which establishes procedures for protested bids and proposed awards. Protests not 11 I ITB 2017-215-ZD MIAMIBEACH 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 employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that the successful Bidder/Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that a Bidder is considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. 17. City Manaqer'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. 12 I ITB 2017-215-ZD MIAMIBEACH 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 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID SUBMITTAL. 20. PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. The City shall reimburse the contractor for the direct cost of the permits. Any re-inspection fees shall be the responsibility of the contractor. I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) III. MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD) IV. FLORIDA POWER AND LIGHT (FPL) V. CITY OF MIAMI BEACH VI. SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) 13 I ITB 2017-215-ZD MIAMIBEACH VII.ANY OTHER PERMIT REQUIRED BY ANY AGENCY WITH JURISDICTION. 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 14 I ITB 2017-215-ZD MIAMIBEACH 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS Each Bidder shall satisfy each of the following requirements cited below. Failure to do so will result in the bid submittals being deemed non-responsive. In order to be considered for award, bidder must provide evidence of the following minimum requirements: 1. Licensing Requirements: Bidders shall be state certified and licensed General Contractors to be considered for award. • Florida General Contractor License (CGC) or Certified Specialty Contractor (Marine) 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in seawall construction projects. References must be projects completed or in progress within the last five (5) years. References are required to be submitted with the bid and shall include (at a minimum) the following: 1) Client Name; 2) Contact Individual Name & Title; 3) Address, 4) Telephone; 5) Contact's Email; 6) Narrative on Scope of Services Provided; and 7) Project Commencement and Completion Dates. By submitting a bid, the bidder authorizes City Administration to contact the firm's stated references for the purposes of evaluation for this Project. Any information obtained from the references will not be disclosed to the Bidder. 3. Bonding Capacity: Bidder must have the capability to provide a performance and payment bond for the project(s). The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter of Intent from an A-rated Financial Class V Surety Company documenting its capacity to bond the project. 4. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Bidders may be required to submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a joint venture, each bidder involved in the joint venture must submit financial statements as indicated above. DO NOT include Financial Statements with your bid submittal. 15 I ITB 2017-215-ZD MIAMIBEACH The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Any Bidder who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, may be declared non-responsive. The Successful Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein UPON REQUEST by City Administration. All SQR Reports shall be submitted no later than three (3) days from the date of request by City Administration. The cost of the preparation of the D&B report shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.d nb.com/webapp/wcs/stores/servlet/Suppl ierPortal?storeld=11696 Balance of Page Intentionally Left Blank 16 I ITB 2017-215-ZD MIAMIBEACH 0400. BID SUBMITTAL REQUIREMENTS Bids shall be submitted in a sealed, opaque packaging. One original in a three ring binder and one (1) bound copy, as well as one (1) copy in digital format (CD or USB drive), of the complete Bid must be received by the indicated deadline. LATE BIDS SHALL NOT BE ACCEPTED FOR ANY REASON, NATURAL OR OTHERWISE. The original and all copies must be submitted to the PROCUREMENT DEPARTMENT in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number, title, and due date. Bid packages must contain the following documents, each fully completed, and signed as required in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed non-responsive. The City reserves the right to request any documentation omitted, with exception of the Bid Tender Form and Bid Bond (if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted documentation within three (3) calendar days upon request from the City, or the bid may be deemed non-responsive. Non- responsive bid packages will receive no further consideration. BID SUBMISSION FORMAT: Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Provide a Cover Page that includes the following information: • Name of Bidder. (Note: if co venture, specify) • Address of submitting Bidder. (Note: if co-venture, specify) • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note:joint ventures are not allowed.) • Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. • Table of Contents. Tab B. BIDDER CERTIFICATION, QUESTIONNIARE & REQUIREMENTS AFFIDAVIT. The Bidder Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. Tab C. MINIMUM REQUIREMENTS. Provide documentation evidencing compliance with the Minimum Requirements as stated in Section 0300, including: • Required Licenses • Previous Experience References • Bonding Capacity Letter • Dun & Bradstreet Supplier Qualifier Report (Required upon request by the City) 17 I ITB 2017-215-ZD MIAMIBEACH Tab D. EXPERIENCE AND KEY PERSONNEL. It is a requirement of the bid that the Bidder staff the project(s) with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide the following information: • Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid. • Bidders shall provide evidence of experience, as required herein in Section 0300 Minimum Qualifications and Requirements. • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project(s), resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project(s) team members: • Construction Project Manager • Construction Superintendent • Site Foreman and/or Estimator • A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project(s). The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project(s). Tab E. Bid Prices. Bidders are required to submit their proposed term unit prices using the Bid Tender Form found in Appendix C. Balance of Page Intentionally Left Blank 18 I ITB 2017-215-ZD MIAMIBEACH 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 19 I ITB 2017-215-ZD MIAMIBEACH 4.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall"), in the indicated form for Final review and approval: () Bar Chart () Modified CPM () CPM ( ) Computerized CPM using the latest edition Primavera P6 software (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P6 software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRCTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P6, to develop and update the Primavera P6 project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. 20 I ITB 2017-215-ZD MIAMI BEACH 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 PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 4.1.2 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.3 A preliminary schedule of Shop Drawing submissions; and 4.1.4 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. ❑x Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.5 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within forty-five (45) days after the Project Initiation Date set forth in Notice to Proceed No. 1, the Contractor shall revise the original schedule submittal to address all review 21 1 ITB 2017-215-ZD MIAMIBEACH comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: The City will require a performance and payment bond for any project in excess of $200,000. Within ten (10) calendar days of City execution of the Task Order, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 6. Qualification of Surety 6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 22 I ITB 2017-215-ZD MIAMIBEACH 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: 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 23 I ITB 2017-215-ZD MIAMIBEACH (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Seawall Repair& Construction Insurance Requirements A. Worker's Compensation Insurance as required by Florida, with statutory limits. Employer's Liability Insurance with minimum limits of $1,000,000 per accident for bodily injury or disease. Coverage under the Longshoremen and Harbor Workers' Compensation Act shall be included. B. Commercial General Liability Insurance on an occurrence basis, to include: Premises Operations; Independent Contractors; Contractual Liability; Personal &Advertising Injury; Products-Completed Operations; Broad Form Property Damage including Completed Operations; Protection& Indemnity; and Underground, Explosion and Collapse Property Damage, with limits no less than $1,000,000 per occurrence for bodily injury and property damage. City of Miami Beach shall be included as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. 24 I ITB 2017-215-ZD MIAMIBEACH D. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Bumbershoot Liability with limits no less than $10,000,000. City of Miami Beach shall be included as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. F. Vessel Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. G. Pollution Liability insurance with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. H. Watercraft Liability with limits no less than $1,000,000 per occurrence. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Other Insurance Provisions 1. For any claims related to this project, the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. 2. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. 3. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: 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 25 I ITB 2017-215-ZD MIAMIBEACH Contractor must purchase extended period coverage for a minimum of five (5) years after completion of the contract work. 7. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management (or its designee) for review. 8. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of"Pollution" shall include microbial matter including mold. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 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. 26 I ITB 2017-215-ZD MIAMIBEACH 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 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 27 I ITB 2017-215-ZD MIAMIBEACH 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. 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 28 I ITB 2017-215-ZD MIAMIBEACH 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 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. 29 I ITB 2017-215-ZD MIAMIBEACH 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 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 30 I ITB 2017-215-ZD MIAMIBEACH 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. 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 31 1 ITB 2017-215-ZD MIAMIBEACH before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and Working Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, 32 I ITB 2017-215-ZD MIAMIBEACH 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 non- defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents 33 I ITB 2017-215-ZD MIAMI BEACH including but not limited to, Article 23 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 70% percent of the Contract Price. 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact 34 I ITB 2017-215-2D MIAMIBEACH 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. 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 35 I ITB 2017-215-ZD MIAMIBEACH insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: 31.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All 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 36 I ITB 2017-215-ZD MIAMIBEACH is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed 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 I ITB 2017-215-ZD MIAMIBEACH 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. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.3. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 38.4. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 38 I ITB 2017-215-ZD MIAMIBEACH 39.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 39.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be 39 I ITB 2017-215-ZD MIAMIBEACH determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 39.2.5. Supplemental costs including the following: 39.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 39.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 39.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 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- 40 I ITB 2017-215-ZD MIAMIBEACH upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. 39.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 39.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, Contractor's fee shall not exceed ten percent (10%). 39.4.2.2. For costs incurred under Section 38.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the 41 1 ITB 2017-215-ZD MIAMIBEACH combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 39.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in 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. 42 I ITB 2017-215-ZD MIAMIBEACH 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 42. Excusable Delay; Compensable; Non-Compensable: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. 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. 43 I ITB 2017-215-ZD MIAMIBEACH City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one hundred dollars ($100) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. 44 I ITB 2017-215-ZD MIAMIBEACH However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (20) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 44.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and 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 I ITB 2017-215-ZD MIAMIBEACH 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 45.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 46.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46 I ITB 2017-215-ZD MIAMIBEACH 47.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 47.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 48. ❑x 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. 47 I ITB 2017-215-ZD MIAMIBEACH 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 52. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Contractor shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 55. Project Records: 48 I ITB 2017-215-ZD MIAMIBEACH 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. 49 I ITB 2017-215-ZD MIAMIBEACH 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. 59. Cost Adjustments: The initial contract prices resulting from this ITB shall remain constant for one (1) year from the contract's initial effective date. 90 days prior to each anniversary date of the contract the City may consider an adjustment to the preceding year's unit costs for the subsequent year. Only request for increases based on a corresponding increase in the Consumers Price Index for the local urban market (CPI-U), as established by the United States Bureau of Labor Statistics, or material adjustments to the scope or requirements of the RFP by the City, including (but not limited to) living wage increases, will be considered. In the event that the City determines that the requested increase is unsubstantiated, the Contractor agrees to perform all duties at the current cost terms. Balance of Page Intentionally Left Blank 50 I ITB 2017-215-ZD APPENDIX "A" M AM1 BEACH Bidder Certification , Questionnaire & Requirements Affidavit CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV, CITYWIDE ITB 2017-215-ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 51 „1-B 2017-215-ZD BOAC�- Solicitation No: Solicitation Title: 2017-215-ZD CONTINUING SERVICES-SEAWALLS Procurement Contact: Tel: Email: ZULEIKA DAVIDSON 305-673-7490 , ZULEIKADAVIDSON(c�MIAMIBEACHFL.GOV BIDDER CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Bidder Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Bidders of certain solicitation and contractual requirements, and to collect necessary information from Bidders in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Bidder Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY,SHALL BE SUBMITTED WITHIN SEVEN(7)CALENDAR DAYS OF THE CITYS REQUEST. 1. General Bidder Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Bidder or other source(s), including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. 52 I ITB 2017-215—ZD BEACH 1. Trench Safety Act.Pursuant to Section 553.63, Florida Statutes, known as the Trench Safety Act,bidder acknowledges that all work,as applicable,shall be in accordance with the requirements of the Act.The allowance for compliance with the Trench Safety Act is identified in the Bid Form.Any cost of compliance that exceeds the allowance shall be incorporated in the bidder's proposed costs for the project. SUBMITTAL REQUIREMENT: No additional submittal requirement is established. By virtue of executing this affidavit document„bidder affirms that,at all times,it will be in compliance with the Trench Safety Act. 2. Veteran Owned Business.Is Bidder claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Bidders claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 3. Litigation History.Bidder shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Bidder shall submit history of litigation or regulatory action filed against Bidder, or any Bidder team member firm, in the past 5 years. If Bidder has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 4. Conflict Of Interest. All Bidders must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling,and child)who is also an employee of the City of Miami Beach. Further, all Bidders must disclose the name of any City employee who owns,either directly or indirectly, an interest of ten(10%)percent or more in the Bidder entity or any of its affiliates. SUBMITTAL REQUIREMENT: Bidders must disclose the name(s)of any officer,director,agent,or immediate family member (spouse, parent,sibling,and child)who is also an employee of the City of Miami Beach. Bidders must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Bidder entity or any of its affiliates. 5. Suspension, Debarment or Contract Cancellation. Has Bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance b an public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES," Bidder shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Bidders are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein, including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 53 I ITB 2017-215—ZD BEACH 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request.The Code shall, at a minimum, require the Bidder,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Bidder shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Bidder may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners,as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer 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 emplo ees? YES NO C. Please check all benefits that apply to your answers above and list in the "other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not • .Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Bidder cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis,you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 9. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 54 I ITB 2017-215—ZD BEAC- 10. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Bidders or alter solicitation requirements.The City will strive to reach every Bidder having received solicitation through the City's e-procurement system,PublicPurchase.com.However, Bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. 55 I ITB 2017-215-ZD BEAC— DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Bidders. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Bidders should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content, its accuracy, or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Bidders will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Bidders are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Bidder acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Bidder certifies that the information contained in the Proposal is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Bidders agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages.The previous sentence,however,shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 56 I ITB 2017-215-ZD B EAC— BIDDER CERTIFICATION I hereby certify that: I, as an authorized agent of the Bidder, am submitting the following information as my firm's proposal; Bidder agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Bidder agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Bidder has not divulged, discussed,or compared the proposal with other Bidders and has not colluded with any other Bidder or party to any other proposal; Bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Representative: Signature of Bidder's Authorized Representative: Date: State of FLORIDA ) On this day of ,20 ,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was • signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: 57 I ITB 2017-215-ZD APPENDIX B MAMit\I\ 1 AM1 BEACH " No Bid " Form CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV, CITYWIDE ITB 2017-2015-ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 it iimportantimpoitohoor thosevendorswho have received notifiic " ri at this so nation `! ec d not to respond,to complete�submit the attached`"Statement of ." �S�eme t of No Bid"provides the Cit information am h©w to improve ait process. Failure to submit a "Statementc of No Bid' mai result in slat l nc licit ti o by the ..' `'.b 58 I ITB 2017-215-ZD Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT ATTN: Zuleika Davidson ITB# 2017-215-ZD 1755 MERIDIAN AVENUE MIAMI BEACH, FL 33139 59 I ITB 2017-215-ZD APPENDIX C /WW1 BEACH Bid Tender Form CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE 11, 111, AND IV, CITYWIDE ITB 2017-215-ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 60 „TB 2017-215-ZD BID TENDER FORM City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2017-215-ZD CONTINUING SERVICES FOR THE CONSTRUCTION OF SEAWALLS The Bidder also agrees to furnish, UPON REQUEST BY THE CITY, the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. 61 1 ITB 2017-215-ZD Cl BID TENDER FORM Bidder affirms that the TOTAL BID PRICES include the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials,labor,equipment,supervision,mobilization,demobilization,overhead and profit,insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive.The Bid Price Form(Section 5)shall be completed mechanically or,if manually,in ink. Bid Price Forms(Section 5)completed in pencil shall be deemed non- responsive.All corrections on the Bid Price Form(Section 5)shall be initialed. In the event of arithmetical errors between the unit prices and the totals,the bidder agrees that the unit price shall govern. Total Item Description Quantity U I M Unit Cost (Quantity_X Unit Cost) 1 Sheet Pile Type II AZ 24-700 for Seawalls<30'Deep 400 LF Sheet Pile Type III AZ 26-700 for Seawalls 30'-60' 2 Deep 400 LF 3 Sheet Pile Type IV AZ 50-700 for Seawalls>60'Deep 400 LF 4 12"x 12"Batter Piles-9'Centers<30'Deep 45 EA 5 14"x 14"Batter Piles-9'Centers 30'-60'Deep 45 EA 6 16"x 16"Batter Piles-9'Centers>60'Deep 45 EA 7 Sheet Pile Cap for Seawalls<30'Deep 400 LF 8 Sheet Pile Cap for Seawalls 30'-60'Deep 400 LF 9 Sheet Pile Cap for Seawalls>60'Deep 400 LF 10 Seat Wall 400 LF 11 Pin Piles for Seawall 84 EA 12 Excavation 100 CY 13 Embankment 100 CY 14 Oolite Boulders 100 TON 15 Riprap-Rubble,Coastal Shore-Large Boulders 1000 TON 16 Fill material-FDOT#57 Stones 50 TON ALLOWANCE FOR COMPLIANCE WITH TRENCH 17 SAFETY ACT* 10 EA $25.00 $250.00 TOTAL BID $ *Any cost in excess of the stated allowance shall be borne by the contractor as part of its bid unit process. 62 I ITB 2017-215-ZD Cl Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: Balance of Page Intentionally Left Blank 63 I ITB 2017-215—ZD APPENDIX D IV\ IAIV'J B Other Forms CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, 'AND IV, CITYWIDE ITB 2017-215-ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 64 I ITB 2017-215-ZD D1 DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,dispensing,possession, or use of a controlled substance is prohibited in the offeror's workplace,and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation,and employee assistance programs;and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract,the employee shall: (i) Abide by the terms of the statement;and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five(5)calendar days after such conviction; (5) Notifying the City in writing within ten(10)calendar days after receiving notice under subdivision(4)(ii)above,from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee,up to and including termination;or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency;and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through(6). (Bidder Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as (name of person whose signature is being notarized) (title) of (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: 65 I ITB 2017-215-ZD D2 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 66 I ITB 2017-215-ZD D2 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.: 67 I ITB 2017-215-ZD D3 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. 68 I ITB 2017-215-ZD D3 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: 69 I ITB 2017-215-ZD D4 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 70 I ITB 2017-215-ZD D5 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. 71 1 ITB 2017-215-ZD D5 This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature 72 I ITB 2017-215-ZD D6 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 73 I ITB 2017-215-ZD D6 does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: 74 I ITB 2017-215-ZD D7 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 75 I ITB 2017-215-ZD D7 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 76 I ITB 2017-215-ZD APPENDIX E MIA BEACH Sample Contract CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV, CITYWIDE ITB 2017-215-ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 77 „TB 2017-215-ZD SAMPLE CONTRACT: NOTE: This Sample Contract is for informational purposes only. The contents of the contract may be changed by the City prior to execution. CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as City, and , hereinafter referred to as Contractor. WI TN ESS ET H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Term: This contract shall be in effective for an initial period of three years. Following the initial period, the City may consider, as approved by the City Manager, two additional one-year periods. There is no guarantee of work during the contract term. Projects will be assigned on as as-needed basis at the discretion of the City. 2.2 For each individual project assigned under this contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after receipt of Purchase Order, whose date shall establish the Project Initiation Date. Time is of the essence throughout this Contract. This project shall be substantially completed as agreed to by the parties in the approved task order. 2.2.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of the Purchase Order, to mobilize on the Project site and commence with physical construction of the work. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one hundred dollars ($100.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for 78 I ITB 2017-215-ZD Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one hundred dollars ($100.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due. Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM 3.0 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. 3.1 City shall pay to Contractor for the performance of the Work described in the Task Order based on Contract Unit Prices and any approved Additional Services. 3.2 Payment shall be at the lump sum (unit price plus additional services) price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. 79 I ITB 2017-215-ZD ARTICLE 4 PROGRESS PAYMENTS 4.0 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. 4.1 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.2 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.2.1 Defective work not remedied. 4.2.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.2.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.2.4 Damage to another contractor not remedied. 4.2.5 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. 80 I ITB 2017-215-ZD When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as- built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 81 1 ITB 2017-215-ZD 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 joiiIt venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: 82 I ITB 2017-215-ZD 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. 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 83 I ITB 2017-215-ZD 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. 84 I ITB 2017-215-ZD 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 Balance of Pape Intentionally Left Blank 85 I ITB 2017-215-ZD APPENDIX F AAA BEACH Plans & Specifications CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE 11, 111, AND IV, CITYWIDE ITB 2017-215-ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 86 „TB 2017-215-ZD 1 A _- 3 Ifi6 TURNS ITCH 6 PITCH 16 pHs ITCH e.x. .: �.e"' 4�_,'e .. GST-IN-PLACE TURNS o N .� "- CONCRETE CAP NEW STEEL SHEET PILE(TYP.) © PITCH 4 � cut \/� - �ro pr ENDS e"." � .,.. 111‘ ,.., 1111 "`"`" ii N , . III 31�.� W3.5 SPIRAL TIES I .I1 ii- 7/4'CHAMFER.nP N .,„,:« W3.5 SPIRAL TIES O g fi (O.0 TYP.) _ COVER I i NEW PLAN VIEW q k c a/A”CHAMFER.Pa,. 1' I _O" O PILE SECTION NTS. #8 CONTINUOUS w T4 TIE AND STIRRUP O 12'0.C. ""` (ICC OTHER SOC #5 D C OC. 10 04 O 9'0.C.0 EACH BATTER PILE TOP AND BOTTOM [,..7,=..': W EL 75.7 ..�. �� PINI H RADE' 5Aw .o.r....w:Z„o:": i - 0:7;1%1%.u /R:TUL T CLEAR_Ara I�� / 1 GENERAL NOTES VERIFICATIONS ARE SUBJECT 1-0 ELL OMENS SHOWN 9LAN r0 UM O(NAvO)OE 1966a. . DINE INTENTNSIONS OT EITZERaN2 TO BE IN ACCORpANCE WrH APPLICABLE EOOES ANDEAN 7gITC2 HANNG JURIROICnON. ORlLW 12"EPDXY . CR IT Is THE II ENGIN INEER OFERECORD BEFORE S PROCEEDING LTHE BWORx OEs SMALL a IMMEDw Lr eaONTRACTOR TO COMPLY I rD THE T-NnON aF #8 DOWEL x 2'-5'• CLEAR FEDERAL LEZEPRCNMEN ALSPERMITS ISSUED ORE PLANS AND ME ETHIS NPRBOJECILITYIT SHALL BE BR IRE CONTRACTOR'S RESPONSIBILITY AND AND HOOK IVO IA AND GOVERN HI WOOER PILE,TIP. SHEET PILE I PILE CAP i BATTER PEE I 5. APPLICABLE BUILDING CODE:MF_ORIDA BUILDING CODE2010THESE R wres PERMITS. PRE-STRESSED CONCRETE AND REINFORCING CONC.BAITER PILING o SEE TABLES L Z-SECTIONS b h t W D Wb GING L 9'-2'0.0.W/(127 1.2'0 ^T ^ 080 w e Nano AT THE END OF za DAY,s GR.v0 LRS. <30' AZ-14-700 30.32'13.56"0.375" 36" 18° 12" CYL.SHALL BE H FOR EA.50 YDS OR FRACTION THEREOF AND SHALL 8E TESTED A 3,,.AND 26 DAYS.SLUMP rea`S005c5555 vi 5 30'-60' AZ-26-700 27,56°18.11"0.480" 42" 24" 14" ,. ALL UNIFORMED CONI SURFACES SHALL HAVE A LIGHT BROOM 5NSH. DE,ND MANUAL of sArvUARD PaacncE. TO --gT >60' AZ-50-700 27 56"19.84"0.906" 48" 30" 16' STEELSHEET 50050 RUBBLE BANK ANO ( 1 SHEET PILLING SH - ROLLED. SHORE PROTECTION (''SHEET PILE SCHEDULEMANUFACNRED 38 ARCELORMITTAL OR EQUAWN N BALL - I'TO 3'.SEE PLAN _ _IN.T.S. MISCELLANEOUS IIB FEET MINMDM BELOW BERM As PER GEOTECHNICALREPORT ECNON NEW LING SUBMIT SHOP DRAWN. DR APPROvaI.DRIVE SHEET EOR LOCATION o ��\%��i� ��\i \\- BaG`LL"=G STEEL COMPONENTS.BOLTS AND HARDWARE SHALL BE ASTM A,6 OR A,D,AND HOT DIPPED ZINC GALVANIZED 12 Au BACNFIIi _ +E"' ^ (ASTM-1557) T LL L 6E ALLOWED NO ORGANIC MATERIAL OR ASPHALT w PERc[rvr OF r5 MAxIMDu D9v DErvsITv g A CANTILEVER STEEL SHEET PILE SECTION FOR RETAINED FILL . N.T.S. A/4 LA, A 1"A)BEACH Ncwea+HooD SHEET PILE SEAWALL PLAN °f Va PUBLIC WORKS DEPARTMENT "'N- WALL SECTIONS AND DETAILS .. .H._.,MH,v AnwP..,.3. ,7AS Lex. .a..� �,�P„ 1 . ,.. .w, ,K 1 o, O' ATTACHMENT C CONSULTANTS RESPONSE TO THE ( ITB) SFT .Shorrh,atiwitlnimlat. - 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com May 1,2017 Shoreline Foundation, Inc. bid Submission for Continuing Services (As Needed) for the construction of seawalls type IIIII & IV 2017-21.5-ZD James A. Royo `resident for relinefoundation.com Shoreline Foundation, Inc. (a corporation) 2781 SW 56th Avenue Pembroke Park,FL 33023 Phone: (954) 985-0460 Fal: (954) 985-0462 Federal Tax Id# 59-2695595 Members of: Deep Foundation Institute. Pile Drivers Contractors Association.CASF Table of Contents Identification Page and Table of Contents gvt: Minimum Qualifications and Requinnents Financial Statement D Experience and Key Personnel E Bid Prices APPENDIX "A" MIA AA Bidder Certification , Questionnaire & Requirements Affidavit CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III, AND IV, CITYWIDE ITB 2017-215-ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach,Florida 33139 51 „TB 2017-215-ZD Solicitation No: Solicitation Title: 2017-215-ZD CONTINUING SERVICES-SEAWALLS Procurement Contact: Tel: Ematl: ZULEIKA DAVIDSON 305-673-7490 ZULEIKADAV!DSON(a)MIAtv1'tBEACHFL.GOV BIDDER CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Bidder Certification,Questionnaire and Requirements Affidavit Form is to inform prospective Bidders of certain solicitation and contractual requirements, and to collect necessary information from Bidders in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Bidder Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY,SHALL BE SUBMITTED WITHIN SEVEN(7)CALENDAR DAYS OF THE CITYS REQUEST. 1. General Bidder Information. FIRM NAME: Shoreline Foundation,Inc. No of Years in Business: No of Years in Business Locally: No.of Employees: 30 Years 30 Years 100+ OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: None FIRM PRIMARY ADDRESS(HEADQUARTERS): 2781 SW 56th Avenue CITY: Pembroke Park STATE: ZIP CODE: Florida 33023 TELEPHONE NO.: TOLL FREE NO.: (954) 985-0460 FAX NO• T9.54)-9135=-0462 FIRM LOCAL ADDRESS: same as primary • CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: James A. Royo ACCOUNT REP TELEPHONE NO.: (954) 985-0460 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: tony@shorelinefoundation.com FEDERAL TAX IDENTIFICATION NO.: 59-2695595 The City reserves the right to seek additional information from Bidder or other source(s),including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. 52 I ITB 2017-215-ZD 1. Trench Safety Act.Pursuant to Section 553.63,Florida Statutes,known as the Trench Safety Act,bidder acknowledges that all work,as applicable,shall be in accordance with the requirements of the Act.The allowance for compliance with the Trench Safety Act is identified in the Bid Form.Any cost of compliance that exceeds the allowance shall be incorporated in the bidder's proposed costs for the project. SUBMITTAL REQUIREMENT: No additional submittal requirement is established. By virtue of executing this affidavit document„bidder affirms that,at all times,it will be in compliance with the Trench Safety Act. 2. Veteran Owned Business.Is Bidder claiming a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Bidders claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 3. Litigation History.Bidder shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed,state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number,and the status or disposition for such reported action.If no litigation or regulatory action has been filed against your firm(s),provide a statement to that effect. If'No"litigation or regulatory action has been filed against your firm(s),please provide a statement to that effect.Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process.Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. *Please see attached to Tab B SUBMITTAL REQUIREMENT: Bidder shall submit history of litigation or regulatory action filed against Bidder,or any Bidder team member firm, in the past 5 years. If Bidder has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. 4. Conflict Of Interest.All Bidders must disclose, in their Proposal, the name(s)of any officer, director, agent, or immediate family member(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Bidders must-disclose-the name of , any£• , .. •., -• ,. ;• .. ; tndiree8y;-aninteresteften-{19*persentor�ere------ in the Bidder entity or any of its affiliates. SUBMITTAL REQUIREMENT:Bidders must disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Bidders must also disclose the name of any City employee who owns, either directly or indirectly,an interest of ten(10%)percent or more in the Bidder entity or any of its affiliates. None. *Please see attached to Tab B 5. Suspension,Debarment or Contract Cancellation.Has Bidder ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance b an public sector agency? YES ® NO SUBMITTAL REQUIREMENT: If answer to above is`YES,"Bidder shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions.Bidders are expected to be or become familiar with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code. Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. *Please see attached to Tab B 53 I ITB 2017-215—ZD , 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ('Code) and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the Bidder,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. *Please see attached to Tab B SUBMITTAL REQUIREMENT: Bidder shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Bidder may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at wwnv.miamibeachft.gov/procurements. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide`Equal Benefits to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? x 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 emplo ees? YES NO C. Please check all benefits that apply to your answers above and list in the mother"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 ---FirmProvides-for____Tian Provides for F.umdoes not Employees with Employees with Provide Benefit Spouses Domestic Partners Health x Sick Leave X Family Medical Leave X Bereavement Leave X If Bidder cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis,you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final.Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurementl. 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Bidder agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 54 I ITB 2017-215-ZD 1 ( ; , 10. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Bidders or alter solicitation requirements.The City will strive to reach every Bidder having received solicitation through the City's e-procurement system,PublicPurchase.com.However,Bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Bidder has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to fi Initial to Confirm Initial to Confirm ;1 Receipt Addendum 6 Receipt * Addendum Addendum 11 Addendum 21 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. 55 I ITB 2017-215-ZD Il.. f;`i^ _}..j DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals, and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal,the applicant agrees to deliver such further details, information and assurances,including financial and disclosure data, relating to the Proposal and the applicant including,without limitation, the applicant's affiliates,officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Bidders.It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Bidders should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Bidders will be bound only as,if and when a Proposal(or Proposals),as same may be modified,and the applicable definitive agreem ,ace-approved-and-executed by the parties;and then-only-pursuant-to-the-tenns-of the-definitive- agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Govemment-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Bidders are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Bidder acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Bidder certifies that the information contained in the Proposal is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Bidders agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages.The previous sentence,however,shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 56 I ITB 2017-215-ZD /�-,i i BIDDER CERTIFICATION I hereby certify that: I, as an authorized agent of the Bidder, am submitting the following information as my firm's proposal; Bidder agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Bidder agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Bidder has not divulged, discussed,or compared the proposal with other Bidders and has not colluded with any other Bidder or party to any other proposal; Bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;all responses,data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Bidder's Authorized Representative: TiUe of Bidders Authorized Representative: James A. Royo President Signature of Bidder's Authorized Representative: Date: (Yó 5/1/17 State of FLORIDA ) On this .Srday of M ,20 /personally appeared before me The 0- R,Nowho County of B thAla' - ) stated that (s)he is the Pens;bco.k" of S V1, , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: li 1 )cl ".)- 6 4%t U Notary Public State of Florida otf. 11Joseph Stanton c j My Commission GG 007284 p Or Expires 08/2812020 57 I ITB 2017-215—ZD APPENDIX D \ 0,9 \ / \l/ ) \ \ Other Forms CONTINUING SERVICES (AS NEEDED) FOR THE C-QNSTRUCTION SEAWALL_S TYPE 11, 111, AND IV, CITYWIDE ITB 2017-215-ZD PROCUREMENT DEPARTMENT 1755 Meridian Avenue 3RD FLOOR Miami Beach, Florida 33139 64 I ITB 2017-215-ZD BID TENDER FORM City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2017-215-ZD CONTINUING SERVICES FOR THE CONSTRUCTION OF SEAWALLS The Bidder also agrees to furnish, UPON REQUEST BY THE CITY, the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s)of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. 61 1 ITB 2017-215-ZD Dl 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 offerors 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). 41, �...• dd- :) (P nt Ven 'ame) STATE OF Florida COUNTY OF Broward ' j The foregoing instrument was acknowledged before me this f ? day of ' 2017 , by `tstwlF S r4- ((a'jo as (name of person whose signature is being notarized) P�trS:Dewy (title)of 5hoce{+ne 46-440IA OA (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. NOT RY PUBLIC: fitI t__ ,�vs'r^hr Notary Public State of Florida Si ur Joseph Stanton (Sig a ) c d My Commissicn GO 0007284 No,w Expires 08f2e12020 �aS�Pt- &+AN O (Print Name) My commission expires: ZQ L_ 65 I ITB 2017-215-ZD /-,,,,, �a. ....,,:,...„,, ..,,, SFi ...,. ., „A... Shoreline Foundation The. , , ,. - ., 2781 S.W. 56'h Avenue • Pembroke Park, Florida 33023 Phone: (954)985-0460 • Fax:(954)985-0462 • www.shorelinefoundation.com Bidder Certification, Questions & Requirements Affidavit Shoreline Foundation,Inc. Answers for Submittal requirements 3.4.6&7: 3. Litigation History Please see attached the report on SFI's Litigation History 4. Conflict of interest: Shoreline Foundation,Inc. does not have any affiliates that arc employed with the City of Miami Beach. 6. Vendor Campaign Contributions: Shoreline Foundation,Inc.does not have any controlling financial interest in the solicitation nor have contributed to any campaign for the City of Miami Beach. 7. Code of Business Ethics: Shoreline Foundation,Inc. will be complying with the code of ethics set out by the City of Miami Beach. Members ot:Ueep I-oundation Institute•Pile timers Contractors Association•UASF- MARSHALL DENNEIIEY PENNSYLVANIA 031110 Allentown Cincinnati WARNER COLEMAN & GOGGEN Doylestown Cleveland Erie FLORIDA ..0.140,40 1.01, Harrisburg pt. Lauderdale A f'It O I ISS I O N A L C O R P C)R A T I O N King of Prussia Jacksonville Philadelphia Orlando 2000 Market Street, Suite 2300 Philadelphia, PA 19103 Pittsburgh Tampa (215) 575-2600 Fax (215)575-0856 Scranton NEW JERSEY NEW YORK Cherry Hill Long Island Roseland New York City Direct Dial: 215-575-2623 Westchester DELAWARE Email: tdrau@indweg.com indwcg.com Wilmington May 13,2015 BY EMAIL Frank P. Reilly, Assistant Vice President Southeast Regional Marine Claims Manager Starr Adjustment Services Inc. 3353 Peachtree Road NE Atlanta, GA 30326 RE: Rhoads Industries, Inc.,et al. v. Shoreline Foundation, Inc., et al. USDC ED of PA, Docket No. 15-CV-00921 Our File: 19262.00123 (DGM/TDR) Dear Mr. Reilly: Kindly accept this letter as a status report in this matter. Please be advised that I recently received initial discovery disclosures, Plaintiff's investigative expert reports and an engineering expert report prepared by Richard Ranmirez on behalf of Shoreline Foundation. I have attached copies of the reports.A summary and analysis of the disclosures and reports is contained below. Discovery Disclosures We recently received written discovery disclosures which included the identity of witnesses likely to have information about the cause of the sinkhole and the impact on business loss and damages. The witnesses include employees of Rhoads,Shoreline,TranSystems,Duffield Associates and the Department of the Navy. The Rhoads witnesses included Joseph Rhoads,Joseph Hare, Robert Orbaugh,and Charles Felix. These witnesses are identified as persons with knowledge about business loss and damages related to the sinkhole. Plaintiff identified Shoreline witnesses James Royo and Chris Gonzalez and TranSystems employees Edwin Fabila and Robert Snyder. Plaintiff further identified Duffield Associates'employees Matt McNichol, Frank Rossi and Patrick Houston. They appear to be contending that Duffield Associates actually performed some or all of the actual pile driving. Frank P. Reilly May 13, 2015 Page 2 Navy employees identified included Andrew Sullivan, William Gantner,and Marian Sumner. These witnesses were identified as persons with knowledge of the contract and project. S.T. Hudsotb Report Plaintiff produced an expert report from S.T. Hudson Engineers that was prepared at the request of the plaintiffs. The report includes several additional reports including a radar survey,a geotechnical report,and an engineering consultants report from Schnabel Engineering. The report and its parts discuss the alleged damage and cause of the damage at Dry Dock No. 2,which is occupied by Rhoads. The Hudson report discusses the soil analysis and other reports. The report notes that there is obvious ground settlement around the crane rails as well as settlement around building 590. The report also notes that no vibration monitoring was done nor was it required under the contract. In the summary of the findings, the report indicates that the fact that the settlement occurred in an isolated area along the crane rail and not along the entire south west side of the clock indicates that the settlement "may be (Inc to unknown nature of the soils in these areas." It further notes that the settlement of building 590 may indicate vibration susceptible soils in the area. The report concludes that the crane rail settlement was most likely caused by the vibrations of driving the piles in the Navy Barge Dock south of Dry Dock No. 2. The conclusion is based primarily on the fact that the crane rail had been in existence for 83 years with no settlement of the rail,there had been no overloading of the crane,and no other changes in the conditions. The-Hudson report makes several recommendations and projected costs for fixing the ground settlement. A load test on the crane and supporting the rail with piles is recommended. Underwood Engineering estimates the cost of reinforcing the ground with compaction grouting at a costs of$75,000. The report recommends removing the concrete foundation and installing 90 micropiles at an estimated cost of$275,000. The report further recommends installing 62 auger-cast piles on either side of the rail at a cost of$330,000. Regardless of the remedial measure chosen, the cost of repairs appears to be less than what had previously been claimed by the plaintiff. Ramirez Report Richard Ramirez,a civil consulting engineer, was retained by Shoreline prior to our office's current involvement in the defense of this case. Mr. Ramirez reviewed the Hudson report and set forth his findings in a report dated 3/25/15. The report was prepared in response to Rhoads'allegations that the quay wall construction project 170'south of the dry dock caused 11 inches of settlement of the crane rail after 83 years of service. The Ramirez report concludes that the settlement of the crane rail was not a direct result of soil liquefaction caused by pile installation. He concludes that the root case was the lack of maintenance at dry dock #2 along with previous water leakage and soil erosion. Frank P. Reilly May 13,2015 Page 3 In reaching his conclusions,Mr. Ramirez analyzed the Hudson report. He states that he takes no exception to the amount of crane rail settlement,but h is not in agreement with the claimed cause. He states that the lack of maintenance at the dry clock was evident and that the unknown usage and overloading of the crane and the unknown scope of remediation/improvements over the last 80 years make it unclear as to whether the crane rail had been in use without issue. A visual inspection of the utility tunnel showed that the tunnel and equipment were in poor condition due to soil erosion issues prior to the rail settlement. Also, he takes issue with the Underwood soils report which concluded that the soils were susceptible to liquefaction. Mr. Ramirez states that the fact that the soils arc susceptible docs not mean the pile driving caused the settlement. He points out that the settlement was localized to the crane rails and nowhere else even though the soils were the same in the entire dry dock area. He reviewed the radar survey that was performed by Substrate Testing and included as part of the Hudson report. The voids indicate that the soil has leached through the dry clock wall joints and cracks for decades, which subsequently caused the crane rail to settle. Iie disagrees with the size and exactness of the void location depicted in the sketch in the Hudson report. Mr. Ramirez states that the condition of dry dock 112 is very poor as evidenced by the construction joints and cracks which have permitted water and soil infiltration through the openings. The water infiltration was noted in the Schnabel Engineering report. Mr. Ramirez spoke with Chris Thornton,who was the project superintendent for Shoreline,and he indicated that the east side road, which was used as an access road, was one which he had concerns about. The road was deteriorated due to water leakage and soil erosion to the point that they could not use the road for equipment. There are numerous buildings between the area where the pile driving occurred and the crane settlement area. Mr. Ramirez points out that none of the other areas or facilities in between were impacted by the construction. Conclusions and Recommendations As a result of the plaintiffs report from Hudson and the Ramirez report, it appears that the main issue in the case will be whether the plaintiffs can show that the settlement around the crane rail was due to vibrations as opposed to lack of maintenance or other causes. I will touch base with Mr. Ramirez to find out exactly what additional documents, if any, he will need to strengthen or report moving forward. We are in the early stages of discovery and I am preparing interrogatories and requests for production of documents to Rhoads Industries which will request production of any and all documents related to maintenance of the cranes,crane rails, and other structures for which the plaintiffs are claiming were damaged by pile driving activities. Depending on the responses we receive regarding maintenance of the crane rail and buildings,we can determine what, if any, additional experts we need moving forward. We are scheduled to meet with the judge again in July to discuss the current status of the case and establish deadlines moving forward. I have been advised by counsel for the plaintiff that the principal of Rhoads Industries recently endured a personal tragedy involving the murder of his sister by her ex-husband. As Frank P. Reilly May 13,2015 Page 4 a result, there may be some delays moving forward in obtaining discovery from Rhoads Industries. Obviously, the circumstances regarding the delay will be looked upon by the court as excusable. I will continue to keep you apprised of any developments in this matter as they occur. Should you have any questions or concerns regarding this matter,please do not hesitate to contact me. Very truly yours, Is/Timothy D. Rau TIMOTHY D. RAU TDR cc: Paul Ferguson(by email) Sandy DiDomenico(by email) J. Scott Scherbnn (by email) 'Pony Royo(by email) Anthony I3aianionte, III, Esquire(by email) LGGAL/100073726.v1 Tab C Minimum Requirements • Required Licenses • Previous Experience References • Bonding Capacity Letter 1 State of Florida Department of State I certify from the records of this office that SHORELINE FOUNDATION, INC. is a corporation organized under the laws of the State of Florida, filed on June 2, 1986. The document number of this corporation is J17125. I further certify that said corporation has paid all fees due this office through December 31, 2017, that its most recent annual report/uniform business report was filed on January 5, 2017, 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 Fifth day of January,2017 4ert..,_ :. 3**7=::e4");ra , Nz117,:-7.r.-, -:•-•:-..!,...-: KO% 04‘4•A Secretary of State Tracking Number:CC4760287886 To authenticate this certificate,visit the following site,euter this number,and then follow the instructions displayed. h ttps://se►viccs.su n biz.org/Filings/Certiric ateO fS tatu s/Ce rtifica teAuthen tication ti TTS,=A STATE OF FLORIDA a'' ' `l� ;°� DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .r '' .w,.......ye CONSTRUCTION INDUSTRY LICENSING BOARD (850)487-1395 `' ::;;;:~ 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ROY®,JAMES ANTHONY SHORELINE FOUNDATION INC 1316 NW 127 DRIVE SUNRISE FL 33323 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and STATE OF FLORIDA Professional Regulation. Our professionals and businesses range from architects to yacht brokers,from boxers to barbeque `': ) 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 CGC1517337 ISSUED: 06/23/2016 to serve you better. For information about our services,please tog onto www.myfloridalicense.com. There you can find more CERTIFIED GENERAL CONTRACTOR 'formation about our divisions and the regulations that impact ROYO,JAMES ANTHONY ou,subscribe to department newsletters and learn more about SHORELINE FOUNDATION INC the DepadmenIc initiativpc .—.— .. Our mission at the Department is:License 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! Exit:ration date AUG: 31,2018 L1606230000934 DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ,,i. rrt T� CONSTRUCTION INDUSTRY LICENSING BOARD ,, .7.. LICENSE NUMBER e CGC1517337 y� s«"-at The GENERAL CONTRACTOR r Named below IS CERTIFIED `►° . 4` Under the provisions of Chapter 489 FS. Expiration date: AUG 31,2018 D* 'r ,1a ROYO,JAMES ANTHONY •F SHORELINE FOUNDATION INC I :, jr: r , 2781 SW56AVENUE ,lt.,[• PEMBROKE PARK FL 33023 • uo. • 0. • . ISSUED: 06/23/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1606230000934 To find out about business and economic opportunities for Florida veteran business enterprises,as well as Florida's small minority and women-owned businesses,please contact or visit the Department of Management Service's Office of Supplier Diversity at: I)SIl h11r//uvmiv.drus.mrflorirlo.com/other programs/office of Supplier diversity ocd To find out about State of Florida tools supporting statewide centralized procurement activities which have streamlined interactions n-.,;' between vendors and state government entities,please contact or visit the Department of Management Services'MyFloridaMarketPlace at: hl//rs://ve;donnryf7oridtnur rketplace.cuut • AC# 01508390 Al " vt r iNATURE I • (For the protection of our professional license holders,this license contains hidden security features to prevent counterfeiting. Unauthorized reproduction is strictly prohibited and will be prosecuted to the fullest extent of the law) The Department of Business and Professional Regulation(DBPR),issues licenses for many licensed businesses and practitioners in the State of Florida. DBPR is changing the way you interact with state government. Many of DBPR's services are available online at www.MyFloridaLicense.com. We encourage you to utilize these services to make address changes,licensing changes or to renew your license. Name changes require legal documentation v ifying the name change,which must be mailed to the DBPR. An original,a certified copy or a duplicate copy of an original or certified copy of a document that shows the legal name change will be accepted,unless the DBPR has a question about the authenticity of the document. If applicable,the DBPR will send a renewal notice to your last known address or email address of record. If you have not received your renewal notice,please call our Customer Contact Center at 850.487.1395 or online at www.MyFloridaLicense.com/contactus. se refer to your profession's governing statutes and Administrative codes for further information regarding renewals. These may be accessed from our website. t • i AC# 01508390 013595 Municipal Contractor's Receipt Miami-Dade County, State of Florida -THIS IS NOT A BILL-DO NOT PAY 1649368 BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES SHORELINE FOUNDATION INC NEW SEPTEMBER 30, 2017 DOING BUSINESS IN DADE COUNTY 7487554 Must be displayed at place of business • Pursuant to County Code Chapter 8A-Art.9&10 OWNER SEC.TYPE OF BUSINESS SHORELINE FOUNDATION INC MMC SPECIALTY ENGINEERING CONTRArt1AhYMENT RECEIVED E1922 `�h}YAX COLLECTOR Category(s) 4 $250.00 07/19/2016 • FPPU06-16-019664 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,ora certification of the holder"s qualifications,to do business.Holder must comply with any governmental or nongovernmental regulatory laws and requirements which apply to the business. - The RECEIPT N0.above must ho displayed on all commercial vehicles-Miami-Dade Code Sec 8a-278. For more information,visit www.miamidade.eovitaxcotteetor 001621 Local Business Tax Receipt Miami-Dade County, State of Florida -THIS IS NOTA BILL-DO NOT PAY • 1649368 BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES SHORELINE FOUNDATION INC RENEWAL SEPTEMBER 30, 2017 DOING BUSINESS IN DADE COUNTY 1649368 Must be displayed at place of business Pursuant to County Code Chapter 8A-Art.9&10 OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED SHORELINE FOUNDATION INC 196 SPECIALTY ENGINEERING CONTRACT BY TAX COLLECTOR Et922 Worker(s) 2 875.00 07/19/2016 FPPU06-16-019664 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or a cenilication 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 Cade Sec 8a-278. For more information,visit 1waw.mlamidade.govAaxcollectot Florida Department of Transportation RICK SCOTT 605 Suwannee Street JIM BOXOLD GOVERNOR Tallahassee,FL 32399-0450 SECRETARY June 1, 2016 SHORELINE FOUNDATION, INC. 2781 SW 56TH AVE PEMBROKE PARK FL 33023 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of Qualification will expire 6/30/2017. However, the new application is due 4/30/2017. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: https://www3.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. FDOT APPROVED WORK CLASSES: MINOR BRIDGES, RIP RAP; SHEET PILE; BULKHEAD You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3) , Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. Sincerely, Alan Autry, Manager Contracts Administration Office AA:cj www.dot.state.fl.us s SFT Shoreline Foundation Inc. .1A: - , ,,4 .. , l R l 7111 Project: Slip#3 Bulkhead Rehabilitation ', T � -t, ., Location: ;`I r 1 East 11 Street ` " f Riviera Beach,Florida 3340-1 ,��. '=``1 \ 1 .n ' e r-' t Its 1 .f • ,., �* ` • w $a „1 )P' Owners Representative: N,,,,r '►A ,I• Port of Palm Beach District }+, .:,e" <,` Thomas J. Lundeen,P.E. -' . 1 East 11th Street,6th Floor ra Riviera Beach,FL 33404 (561)383-4133 S'Vt 1h1'No 3 o„ui,•Aa n.•kti suis,., .. „ . Fax:(561)842-4240 ._. .... I tlundeen6ilportofp.lmbcach.com a ;'1' / n1 � vi• Construction Dates: ;ti . t«�- 1 t START:June 3,2013 ' p le 4•4t`4d ii `,, FINISH:Jul} 10,2015 " / t. —:- dr .SII. f '4, iii�w 1 .gam , � __ .. ,'1 t',li Is'Ar- 'x e . z IA Construction cost: 1✓ '"" 41 $16,500,000tii . t `Q .-...--,„„--1-..,— .i-' G ,l7t - ....... .c.'4,---- ;i' . ' l• Mme. Change Orders: > „ �� + Yes + 24 Added$1,100,000 Deducted$1,000,000 s it-6. _ , ''; (Totaling-516,600,000) .. •, r1l.cxr 71t _. r. . - Project Status: F stir'co.3 uuilhcaJ ecn,airi.��i,K, Ongoing Completion Date:July 10,2015 *"�• - • , . N-.;--,1.--1'7 "' `"".-i- r" SFI Project Manager: _ - I Carlos Varela P.E - - ' `". ` °,� --�'4 SFI Project Superintendent: •• Sal Daher,Steve Thomsen,Danny Fennel ',P _ r ; Darrin Miller 4_1 c' Relevance/Scope of Work: : 114 4 Construction of 1800 Lf of combo wall with s , - v� Y • Soil anchors and tO high concrete cap,800 LF of 2.' ' t ` =� ' which were upland of existing. Dredging 18000 CY , . o . , from the Slip#3 to-35 mlhv Pave with an asphalt ', -`•• -, +/-1400 SY. Pave with 18 concrete slabs appx. 7000 SY construct new water distribution system, SSW Slip Nn.)nus{hc.d tdd, ,I,Ioi,,-� -101„ 0010'1,, drainage system(1200 LF of trench drain), 1000 kva electric power distribution system,install new beam and rails for I l Oton gantry conveyor and move it from existing to new tracks. All while keeping the south berth operational build 2 ro-ro ramps (80& 160)with concrete cap projecting 3 foot from the bulkhead. 2781 S.W. 5601 Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com SFf ., Shore/inF'o e mtdation Lie h.- .ti- Project: Cargo Dock 16, Brownville Location: 13201 R.L. Ostos Rd ..* VIT. ' ' Brownsville,TX 78521 •.,. Owners Representative: '. Ariel Chavez, N._ ..IA.. Navigation District01 a 1000 Foust Road "„ `( t 592-3973 .^ Fax:956.831.6153 achavez@portotbrownsville.com Construction Dates: STA RT:09/16/2013 FINISI I:06/31/2015 Construction cost: $21,255,965.00 Change Orders: Yes +$331,734.00 ,. - Project-Status: _ ). — , ; Finishing up 4 _ SFI Project Manager: ,a , ' Kevin Land - ��:-' '.7;. .;..a - g , -'�__ - ,-- � ` " `�SFI Project Superintendent: Fred Maxwell -- _<,� V x s '2-:-.7---------- Vii. - `" �..NI Relevance/Scope of Work: 41/4":-":1-----------"T. „�.` �-`:... � .�r�' A., r� */I;& Q;' t ” _--- -_ r:Z.L •''-.` - - ` – ' a.,. � �r'`-;'_te 7 -- "'��.��" The engineer of record was � I-IDR Engineering. The project consisted of a new 600 LF commercial heavy lift cargo dock with two out parcel mooring structures sitting on 35"x95'steel pipe piling set on batter,Approxitna.tely 200 LF of bank revetment work,9 acres working bulk storage area with site lighting, a new field house containing restroom, new perimeter roadway with entrance. The project included 155,000 CY of dredging to a deep of-44. Added as a change order by the owner was an Impressed Current Cathodic Protection System for protection of the seawall steel sheet piling. The project included over 9000 CY of post tension concrete for the dock which included 800 LF of sheet pile from 65'to 95'long,950 16"x 85 ft. long concrete piles and 1000 16"x 85'long steel"H"piles. 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shoreainefoundation.com SFT Shoreline Fouidbufon Inc - Project: Pier 66 Marina Redevelopment Phase I & II Location: 2301 SE 17th Street ' .,, '. ,°.°.,, Ft.Lauderdale,FL 33316 Owners Representative: • ,„, ;r< , Mr.Shwan Azizft ECO BUILDING SOLUTIONS,INC. (EBS) ' POBox 811827 t, ' Boca Raton,FL 33481-1827 •""�' -: (�� _t , -j � (561)927-7641 „ 1 ' Fax: (727)942-8937 shwan(cp,ecobuildinginc.com ,& 01 vesto Construction Dates: START:07/29/13 FINISH: 10/09/14 Construction cost: Phase I: $2,599,000.00 Phase II:$4,593,947.00 KK;, Total: $7,192,947.00 i X, Change Orders: Yes+11,472,592.00(Totaling$8,665,539.00) Project Status: r .... Completed .111, SFI Project Manager: ,� 1 _ �` : 4 ' : Mark Osburn - t ,� ` 4,,.- _ - ., -. ' I • , SFI Project Superintendent: Darrin Miller ,. d° NIMI Relevance/Scope of Work: Engineer of record was Coastal Systems t International,Inc.Construction included �m Phase I: SEAWALL , ,,, `.. %. . N.,,,,,,,Illat. ' ''it.'. ` Demolition of 1,5001E of existing concrete : - n' seawall cap. Installation of 1,5001f of new steel I .:4-1:",,. sheet piling, 1 SOpcs— 14”x 14"x 50'concrete - batter pile, 1,500'x 5'wide x 2'deep concrete 1:" cap,75pcs— 12"x 40'wood fender pile 75pcs ". ' ' i —18"mooring cleats, 1,5001f x 5'wide x 7"thick concrete sidewalk. Phase II:SEAWALL& 127 SLIP MARINA(FIXED CONCRETE&FLOATING DOCKAGE) ( . 2781 S 56u Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com SF1N „ . ( '' :54Ulik Almrawe Ioundutinn 0i,. j,, •. - . SEAWALL Demolition of 1,00011 of existing concrete seawall cap,Installation of 1,0001E of new steel sheet piling, 100pcs—18”and 14" concrete batter pile along seawall, 1,000'x 5'wide x 2'deep concrete seawall cap, 1,0001f x "*' > S'wide x 7"thick concrete sidewalk . FIXED DOCKAGE/MARINA SPACE: Marina can accommodate 16 super yachts up -; j �«.,� t � • - -_ to 150 feet,and has the deep-water capacity to ., accept yachts in excess of 300 feet. i + Demolition and reconstruction of .,. Approximately 19,000sf of fixed concrete , docks&concrete finger piers;constructed on I ' l8" .!14"square concrete pile,cast-in-place ' 4 rro concrete pile caps and pre-cast/pre-fabricated concrete deck slabs(ranging from 9"to 12"in — w depth). The deep water-main dock,along the u - .M E. Intracoastal waterway(A dock&Dockmaster) received an Approximately 16,000sf concrete a :, � ' topping slab ranging in depth of 4"to '-'4*-',;-: ,. 7",Approximately 230— 12"wood fender& -.' mooring piles were installed throughout the marina,Installation of 165 heavy duty; 18"& "" 24"mooring cleats. FLOATING DOCKAGE:Approx.36 slip concrete floating dock facility;with Electrical,Plumbing,Fire&Fuel and anchored with 18"x 18"x 60'pre-cast concrete piling. 2781 S.W. 56'" Avenue . Pembroke Park, Florida 33023 Phone (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com S Shoreline Foundation Inc. J ,i/J4- -1 Project: ii 4- Project: Building 1000 Quay Wall and Barge Basin Location: , f ` '^ Philadelphia Nav •Yard s • Philadelphia,I.1 r . i .,$ .. Owners Representative: i Staab tts / ' F r .1 Elizabeth NA -.c±l',- - ,, `S ** I United States of America- a .','"'",40--i..: : ., 1 l „-, _ • 4921 South Broad Street w . - ; �` Philadelphia,PA 19112-1387 � ' y (215) 897-2613 . ..1,+ Fax: (210) 897-6932 r _. tr;y Fly..herh.s taabc fl t mil = tr Construction Dates: �. —. START:3/7/2011 ' 's,;-. ' �'' `.'. FINISH:Estimated 3/15/13 °r . t ' w° Construction cost: $3,746,167.61 . Change Orders: , Y - - S1,494,759.27(Totaling$5,070,292.27) ''"�' ,0.. 7 .._._. Project Status: ',64. iii ,!'. "s Completed '" s4.... _ ^ \ .„``�.. SFI Project Manager: �- • `0‘..... Chris Gonzalez } ;"`. ^�,; , SFI Project Superintendant: �' Fred Maxwell ` ;t'i ` •.,,. -. ti., _ :.. Relevance/Scope of Work: 'Al��, ►+ F�`h� �,,I �,. -iii t sir4,i' �./ Demolition and re-construction of new Quay /it ,,,4�� , � , 7)' , ii, wall and Barge Basin Rehabilitation, including , '/ I ,, installation of steel sheet pile, topped with cast -- ---- III ; ✓aw4.� in-place concrete cap and closure cell structure. i " ' --^ The existing drain outfalls were modified to be 3w,a. incorporated into the new seawall. The -.-_._�_----.____..__._. _�, Quayvall was finished with crushed concrete armor stone sloped into the water body. The Barge basin required demolition of the existingI : structure,and reconstruction of new barge basin 4r•-^., ' t' .,: ,„ •--.ry•, around the existing foundation pads for the overhead crane. Barge basin was reconstructed 1 " with pre-cast, steel batter II-piles, and steel sheet pile. The pile was topped with cast-in-place concrete caps, precast slabs, and concrete topping. The basin was finished with precast fender piles with UHMW bumpers and metal cleats. 2781 S.W. 56"'Avenue . Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com C S :{ 'G MA ISON-CHART TON SURfiTY GROUP jr RE: SHORELINE FOUNDATION, INC.—BONDABILITY PRE-QUALIFICATION ti To whom it may concern: We currently bond Shoreline Foundation, Inc.,and their surety is Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company of America AM Best Rating is A++,Financial Size XV. Shoreline Foundation, Inc.,has a single bonding capacity in excess of$25,000,000 and$50,000,000 aggregate. They are very professional,responsive,and well respected in the industry. Our experience with them has been extremely favorable. We wilt consider p?oviding Paymen and Verfocmance bonds on projects,subjecffo review and acceptance of contract and all underwriting material remain the same. This letter is not an assumption of liability,nor is it a bid or performance and payment bond. It is issued only as a bonding reference. If any further information is needed,please feel free to contact us. { If any further information is needed,please feel free to contact us. Sincerely, D.W.Matson III MATSON-CHARLTON SURETY GROUP 700 South Dixie Highway,Suite 100•Coral Gables,FL 33146 Phone:305.662.3852•Fax:305.661.9948 NASBP Member ,., ,......„, ,.. ,... "SF_ ..._ ,ks,i . _ .... . i •.:'i -, Shoreline Foundation Inc. ---'r.''. r - , 2781 S.W. 56'' Avenue • Pembroke Park, Florida 33023 Phone (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.com QUALIFICATION STATEMENT Shoreline Foundation, Inc. is a premier Marine Contractor with offices throughout Florida,The Bahamas,and Caribbean. Shoreline Foundation,Inc. has built a steadfast reputation on delivering high-end projects that exceed the owner's expectations.We strive to incorporate local suppliers and labor forces on all our projects.We are fully outfitted with licensures in Florida,Georgia,Texas,Louisiana,Maine,New I Iampshire,Nassau Bahamas,and The Turks and Caicos Islands. Shoreline Foundation, Inc. was founded in 1986 and is a fully licensed,insured and bondable contractor capable of handling all of your heavy, deep pile driving and marine construction needs. Over the last 31 years, the founding partners of Shoreline Foundation have worked hard to build our company into an organization of over l40 employees dedicated to providing you with the best possible product at the best possible price. Our 18 construction crews,administrative support staff,and professional engineers,provide unequaled customer service. SFI expert crews have been installing floating dock systems and constructing marine structures throughout Florida and the Caribbean for over 25 years.With an average tenure of over 14 years for our key field personnel there is little left to chance when it conies to challenges on-site.Our Full-time OSHA Safety Training Officer,Professional Engineers and Project Management Team are the best in the industry. Your project will have a dedicated Project Manager who will visit the site as needed,and who will be accessible to you 24 hours a day Z rougTiout lice dural o1il project. -We WviWdcdicatc full time onsite�uperinteierit's wrio will oversee our work and assist in coordinating the work of the other trades. • All of the SII Foreman and Supervisors are OSHA 10-hour certified and CPR Certified. These are our minimum requirements which are continually supplemented by a continuing education process as facilitated by our full-time corporate safety officer in coordination with our independent safety officer consultant. Safety is job one. We have included some representative projects that not only highlight our steel sheet pile installation experience but also offer a glimpse into other large projects we have completed. I hope this information is helpful in your evaluation of this proposal and in convincing you that your experience working with Shoreline Foundation,Inc.will be memorable and pleasant.Thank you for your consideration and feel free to contact me or any of my team for assistance or additional information. Sincerely, Ja es A.Ro o Pres' • Members of: Deep Foundation Institute.Pile Drivers Contractors Association.CASF Resumes of Key Personnel James (Tony) A. Royo 9/15/58 President/ Co-Founder/ Partner Overview: A Senior-level Business Management Executive, James (Tony) Royo has more than 35 years of diverse experience and proven record of developing business growth programs and implementing directives achieving strong, sustainable results. As one of the Founding Partners, Mr. Royo has served as President of Shoreline Foundation, inc.since its inception in 1986 and has led the company to becoming highly-successful. With overall responsibility for corporate reputation, his extensive experience includes finance, property and job procurement, workers compensation and liability insurance, project bidding, legal matters, bonding, licenses, and foreign marketing. Mr. Royo oversees all operational aspects of Shoreline Foundation, Inc. in order to insure the company's success and profitability. He is accountable for providing strategic direction for the organization, coordinating the day-to-day development and investment activities of the firm, and ensuring company objectives are consistently achieved. Mr. Royo is also responsible for coordinating and overseeing growth opportunities for Shoreline outside the United States, and for targeting new businesses, growing and increasing penetration of existing businesses, and leading the development of business and operations in emerging markets. Tony is at the forefront of identifying foreign market opportunities and understanding the complexities affiliated with these new ventures. Tony serves as the company's chief strategist,responsible for leading Shoreline's strategic management processes and development activities as well as managing the company's relationship with alliance partners. Areas of Expertise: O Financial Capital/Investment Solutions 0 Strategic Leadership&Execution O Market/Industry Trends 0 Foreign Marketing O Budget/Finance/Administration 0 Key Partnerships&Alliances 0 Organizational Development 0 Licenses, insurance&Legal Matters O Risk Assessment/Management 0 Project Administration/Implementation O Multi-Million Dollar Contract Negotiation 0 Business Plans and Due Diligence Qualifications Summary: • Successful strategist, architect and engineer on all business matters with the ability to develop inventive, cutting-edge marketing and financial strategies,which consistently deliver return on investment for the firm. • Well-developed client relationship skills. Developed vital network of business contacts and formulated relationships with key centers of influence and individuals in corporations, as well as, financial and investment institutions.Instrumental in the acquisition and retention of key clients and new business. • Strategic thinker and visionary leader experienced developing and executing short- and long-term tactical financial plans,and managing project implementations for aggressive growth. Experienced in environments of rapid expansion,reorganization,and operational challenges. • Consistent ability to positively impact the bottom line through effective development of financial models, budget management and establishing profitable business units. Ethical, committed professional capable of upholding the highest standards of compliance. James (Tony)A.Royo Page Two President/Co-Founder/Partner Educational Background: Studies in Marine Biology Former Employment: Tony worked for Miami Marine Contractors as a Project Manager and Carpenter. Certificates: Certificate of Competency in Marine Construction, Structural Engineering, General Builder, and Pile Driving in Dade, Broward,Monroe, Palm Beach,Collier and Indian River counties in Florida. State of Florida General Contractors License#CGC1517337 Broward County Certificate of Competency#88-1022 Broward County Occupational License Tax#188-0000564 City of Key West Occupational License#99-04139 Ctty of KeyWest Certificate of-Competency#76/ Collier County Occupational License Tax#914035/02101201 Collier County Contractor Licensing#11879 Indian River County Competency Card#8111 Metropolitan Dade County Certificate of Competency#E1922 Miami-Dade County Municipal Contractors Occupational License#30-1649368 Monroe County Certificate of Competency#Eng. II 238B Palm Beach County Certificate of Competency#U-16S7S Town of Pembroke Park Occupational License#7990 MARK J. OSBURN, Project Manager OVERVIEW Mark serves as a Project Manager for Shoreline Foundation, Inc. He has managed numerous construction projects including the tunnel extension at Miami International Airport, bulkhead construction at Bicentennial Park, and the structural and mooring improvements at the Port of Miami. AREAS OF EXPERTISE l Estimating Commercial& Residential Projects ❑Scheduling 0 RFIs ❑ Multiple Subcontractor Management D Permitting 0 Change Orders O Plan Review/Change Management 0 OSHA Compliance 0 Payment Requisitions ❑ Claims and Disputes 0 Job Site Safety 0 Quality Control QUALIFICATIONS SUMMARY • Seasoned staff manager, mentor and developer. Excellent interpersonal and communication skills resulting in effective relationships with city and state officials, owner representatives, architects, engineers, subcontractors, vendors,clients,and project associates at all levels,from diverse multicultural backgrounds. • Creative problem solver, adept in evaluating critical business needs. Resourceful troubleshooter capable of developing and initiating creative solutions to complex operating problems,performing well under pressure. • Outstanding record of meeting budgetary, schedule and performance requirements. Highly involved with and committed to superior quality control, and ensuring client expectations are met/exceeded. Impeccable work ethic, meticulous attention to detail,and exceptionally driven to exceed expectations,_ PROFESSIONAL EXPERIENCE Shoreline Foundation,Inc.—Hallandale,FL 1998 to present •Project Manazer/Estimator (2001—present) Serve as Project Manager and Estimator responsible for planning, directing, and coordinating all project-related field activities.Provide management,coordination and oversight in all aspects of project delivery systems including budgeting, estimating, constructability, scheduling and phasing, regulatory authorities, purchasing, and quality control. Supervise Project Managers,staff,and subcontractors. • Conduct meetings with department to remain apprised of progress of ongoing projects and mentor construction team. • Monitor construction process to anticipate difficulties,resolve issues early and avoid interruption of workflow. • Track and control construction costs against the project budget to avoid cost overruns. • Consistently complete all assigned projects on time and within budget parameters, and in accordance with client- specific needs and concerns. Inspect jobs at inception and ongoing to assure proper progress. • Recognized for attention to detail and consistent ability to meet/exceed performance guarantee criteria. • Select key projects include Port of Miami,Bicentennial Park,Biscayne Yacht Club,and Key Biscayne Yacht Club. ■Estimator (1999—2001) •Carpenter (1998—1999) Initially hired as the Senior Carpenter responsible for planning, organizing, scheduling and implementing all crafts and architectural plans with structural drawings. Interpreted blueprints to specification. • Applied standard carpentry techniques for marine and residential projects.Assisted with various projects layouts. • Extensive knowledge of and experience with design concepts, project layout, control lines, grades and plan assessment. • Outstanding record of completing multiple projects meeting both time and budgetary requirements. PRIOR WORK EXPERIENCE Cava Constructions,Inc.—Bronx,NY ■Foreman Apprentice/Carpenter 1996 to 1998 • Supervised and trained full mechanics and carpenters. • Expedited projects ahead of projected construction schedules. • Interpreted and implemented drawings for project layouts. • Estimated the necessary building material per project. • Documented progress reports,extra work orders,RFI's,and time schedules for management. Kurland Passaretti Group—New York,NY ■Draftsperson May to October 1995 • Performed architectural field surveys of proposed workspaces.Assisted in the production of construction documents. • Performed visual site inspections prior to proposal development. Estimated time and material needed for construction projects. • Interacted with prospective and existing clients.Handled day-to-day administrative responsibilities. • Assisted in management of assigned projects to obtain successful project completions. • Participated in management's budgetary meetings.Coordinated weekly job schedules among involved contractors. Milrose Consultants,Inc.—New York,NY •Expediter 1994 to 1995 S&M Masonry,Inc.—Brooklyn,NY • Foreman Apprentice/Laborer May to October 1994 All Trades Construction,Inc.—Brooklyn,NY ■Mechanic/Carpenter 1993 to 1994 Ell UCATION. Associate of Occupational Studies in Building Technology Institute of Design and Construction,Brooklyn,NY COMPUTER SKILLS Auto CAD,Microsoft Word,Excel,and Internet Applications FRED MAXWELL, Superintendent OVERVIEW With over 25 years of marine construction experience, Fred is responsible for overseeing daily operations of the Marine Division. Transforming construction drawings into steel,concrete,and wooden structures requires daily coordination of eight construction crews,scheduling of specialty-equipment,and the provision of constant attention to the needs of the client. Over the last 18 years, Fred's dedication to detail has resulted in the creation of landmark marine facilities throughout South Florida and the Caribbean. AREAS OF EXPERTISE O Multiple Site Project Management 0 Construction Operations 0 Production O Contract Administration 0 Cost Control Measures 0 Estimates/Bidding O Scheduling and Phasing O Relationship Management 0 OSHA Compliance O Purchasing/Procurement/Logistics 0 Plan Review/Change Management 0 Regulatory Authorities 0 Subcontractor Relations/Management 0 Strategic Planning/Budgeting 0 Quality Control/Safety 0 Governmental Guidelines 0 Building Codes and Permits 0 Closeouts and Finishes OUALIFICATIONS SUMMARY • Seasoned Superintendent in the marine construction industry including new and retrofit projects. Excellent constn►ction specifications analysis with success directing operations,enhancing growth and implementing directives achieving strong results. • Exceptional leadership skills with extensive experience in planning, development, administration and management of multi- million dollar marine project operations.Consistent record of achievement in improving quality,accountability and efficiency. PROFESSIONAL EXPERIENCE Shoran n Found tion lac, 1989 to Present • Superintendent Manage operational and project performance in areas encompassing project life cycle management, field operations,contract fulfillment, scheduling, material procurement, resource allocation, client service delivery, subcontractor relations and management, quality assurance, job site safety, budgets/fiscal management, and strategic execution of projects. Hold full fiscal accountability and manage culturally diverse staff. • Effectively schedule highly qualified foremen,subcontractors,and field employees. • Resolve daily problems on job site and personally inspect all work during project to ensure compliance with client requirements. Oversee project activity through to completion. • Improved overall quality of service delivery by developing,implementing,and documenting best practices. • Negotiated supply contracts for materials that resulted in significant decrease in costs while maintaining delivery schedules. • Developed several company operating codes and labor,safety and performance standards. • Proven ability to coordinate all aspects of a project,and lead,direct and motivate staff to accomplish desired goals. • Consistently meet project deadlines on-time,within budget,as well as,adhere to the highest quality standards. Select key projects include TRAINING AND CERTIFICATIONS 40-Hour Training Course,OSHA Certification of Completion,Caterpillar Satin A. Daher Loxahatchee,FL 33407 Telephone: (305)345-3278/ Email:sdaher@shorelinefoundation.com shorelinefoundation.com SUPERINTENDENT OBJECTIVE: To retain sustainable employment as a Superintendent&pile driver foreman. EXPERIENCE: 1989—Present: SHORELINE FOUNDATION,INC.,Pembroke Park,FL Title:Superintendent • Scheduling of field employees • Scheduling of Subcontractors • Quality Control Assurance • Job Site Safety • Ensure Equipment Maintenance is performed on delegated equipment • Tug Boat Captain • Forman of Barge,Crew#3, 110'x 32'barge with a 75 ton American Crane on board RECENT PROJECTS: KING'S BAY NAVAL SUBMARINE BASE Project scope.Installation of tcmpot.rty-cofferdam-within open bay,-icuiove existing-vegetation and excavate within cofferdam from+ 7 to-18. Install Permanent Ding/Sheet Pile configuration (approximately 470 lf) to create a new Land/Water Interface(LWI). Install Concrete pile anchor system within LWI with 3.5"Tie Rods to stabilize L\WI. Encapsulate steel pile with 5000 psi Marine concrete wall/cap and surround entire LWI with filter fabric,bedding stone and Rip Rap(8'thick) extending 40'into the bay on 3 sides from the LWI. GATOR LAKE SHORELINE STABLIZATION Project Scope: Construction of four(4)Breakwater Structures(48'x 120') each,one (1) Groin Structure (48'x 200') & four(4)Warning Signs&Marine Navigational Lights on Timber Piles.The construction of the four(4)Breakwater&(1)Groin Structures included the placement of approximately 7,865 Tons of Armor Stone,approximately 1,501 Tons of Core Stone placed on 33,840 square feet of Marine Mattress filled with approximately 2,765 Tons of Bedding Stone. USCG MIAMI MAIN&GOV'T CUT CHANNEL RANGE LIGHTS Project Scope: Furnish and install four channel markers constructed of 66 inch steel caissons at four different locations in the Atlantic waters located off of Port of Miami. MARGATE CANAL STABILIZATION Project Scope:A design/build project in partnership with ADA Engineering,Inc. to stabilize the existing canal bank,including engineering and calculations,layout survey,construction drawings, constructed from within the canal via barge,slope grading and sod,supply and install 7,500 tons bedding stone.Supply and install 1,800 tons of rip rap boulders. LAUDERHILL CANAL EWP 26,28&29 Project Scope:Demolition and reconstruction of the canal banks with sand cement bags rip rap boulders,and sheet piling in the City of Lauderhill,FL, BICENTENNIAL PARK PHASES I-IV Project Scope:As designed by Edwards&Kelcey,this project required the stabilization of the Bicentennial Park Shoreline.Work was comprised of 3,400 linear feet of steel sheet pile bulkhead, 10'high cast-in-place reinforced concrete bulkhead cap, 10'wide pedestrian walkway and placement of 8,000 tons of rip rap type limestone boulders along the newly constricted seawall.SFI and the City were required to insure and maintain public safety during construction while still allowing the remainder of the park to be used for public events. EDUCATION: • US Merchant Marine Officer License"Master of near coastal steam or motor vessels of not more than 50 gross tons;also,authorized to engage in commercial assistance towing",March 24, 1995. • Caterpillar,Certificate of Completion,March 9,2002. • OSHA,40 Hour Training Course,October 2004. Organizational Chart en U 1) O 0. M. 12 .5 0 U V 7 L a ea G 'c O C0 O r) U t f0 - U .---. CU c C04 O ti rry"� 7.3o c `u ta .. C N a, c . . 41 CI WI C -5 w CO g m C 0 a) O i V d .'="+ r—^ ... o .---� b a .> '-0 a 3 E c u t.° c i A O ga U v 21.., X3 --� 15,,,, .s § —'l,2Ca—� 1C 0. a n 'C 11 C/1 C o $ U v U` .c c •o CA 0 4 U Y O 0. 0. U. N J 0 Staffing Plan SF_ _ Shoreline Foundation Inc. t >>. - 2781 S.W. 56`"Avenue. Pembroke Park, Florida 33023 Phone: (954) 985-0460 . Fax: (954) 985-0462 . www.shorelinefoundation.corn Shoreline Foundation, Inc. Staffing Plan for Muss Park Seawall Rehabilitation The primary contacts for this project: James A. Royo (President) tony@shorclincfoundation.com 954.985.0460 Mark Osburn (Project Manager) mosburn@shorelinefoundation.corn 954.985.0460 Fred Maxwell (Superintendent) fmaxwell@shorelinefoundation.corn 954.985.0460 Sal Daher (Foreman) sdaher(Zshorelinefoundation.com 954.985.0640 SFI will utilize the above referenced personnel for this project. Due to the extended time required for the permitting process for each project it may be necessary to substitute a different foreman based on prior commitments. If this should occur we can assure you that Sal's replacement will be as skilled and knowledgeable. All of the SFI Foreman and Supervisors are OSHA 10-hour certified and CPR Certified. These are our minimum requirements which are continually supplemented by a continuing education process as facilitated by our full-time corporate safety officer. Safety is job one. Members of: Deep Foundation Institute.Pile Drivers Contractors Association.CASF Cl BID TENDER FORM (Revision 2) Bidder affirms that the TOTAL BID PRICES include the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials,labor,equipment,supervision,mobilization,demobilization,overhead and profit, insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive.The Bid Price Form(Section 5)shall be completed mechanically or,if manually,in ink.Bid Price Forms(Section 5)completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form(Section 5)shall be initialed. In the event of arithmetical errors between the unit prices and the totals,the bidder agrees that the unit price shall govern. I TOTAL ITEM. . DESCRIPTION . QUANTITY UNIT UNIT COST ; ,(Chan y_X_Unit_Cost) I Sheet Pile Type II AZ 14-700 for Seawalls<30'Deep 12000 SF $ 26.32 $315,840.00 2 Sheet Pile Type III AZ 26-700 for Seawalls 30'-60'Deep 18000 SF $ 32.89 $ 592,020.00 3 Sheet Pile Type IV AZ 50-700 for Seawalls>60'Deep 24000 SF $ 49.34 $ 1,184,160.00 4 12'x 12`Batter Piles-9'Centers<30'Deep 1350 LF $ 53.86 $72,711.00 5 14'x14"Batter Piles-9'Centers 30'-60'Deep 2025 LF $51.64 $ 104,571.00 6 18'x 18'Batter Piles-9'Centers>60'Deep 2700 LF $65.48 $ 176,796.00 7 Sheet Pile Cap for Seawalls<30'Deep 400 LF $ 186.42 $ 74,568.00 8 Sheet Pile Cap for Seawalls 30'-60'Deep 400 LF $218:79 . $ 87,516.00 ... _ 9 Sheet Pile Cap for Seawalls>60'Deep 400 LF $233.58 $93,432.00 10 Seat Wall 400 LF $208.60 $83,440.00 11 , Pin Piles for Seawall 84 EA $703.34 $ 59,080.00 12 Excavation 100 CY $ 12.21 $ 1,221.00 13 Embankment 100 CY $30.74 $ 3,074.00 14 Ooilte Boulders 100 TON $ 98.36 $ 9,836.00 15 Riprap-Rubble,Coastal Shore-Large Boulders 1000 TON $ 98.36 $ 98,360.00 16 Fill material-FDOT#57 Stones 50 TON $ 37.60 $1,880.00 17 Sod 100 SY $ 3.99 $ 399.00 Allowance for Trench Safety project as applicable)*18 Y Act(per p 1 Pp ') - 10 EA $ 25.00 $ 250.00 TOTAL $2,959.154.00 *Any cost in excess of the stated allowance shall be borne by the contractor as part of Its bid unit process. Continued on the following page. 1TB 2017-215-ZD Addendum#2 4/28/2017 Page 3 of 4 Cl Bidder's Affirmation Company: Shoreline Fo datio; Inc. Authorized Representative: , Address: 2781 SW e - 'embroke Park, FL 33023 Telephone: (954)98, $ 60 Email: tony@shore rnefoun e. on.com Authorized Representative's Signature: Balance of Page Intentionally Left Blank - j • ITB 2017-215-ZD Addendum 1/2 4/28/2017 Page 4 of 4 Detail by FEI/EIN Number Page 1 of 3 uT .org „ - Department Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Profit Corporation SHORELINE FOUNDATION, INC. Filing Information Document Number J17125 FEI/EIN Number 59-2695595 Date Filed 06/02/1986 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 04/17/1996 Event Effective Date NONE Principal Address 2781 SW 56TH AVE PEMBROKE, FL 33023 Changed: 02/06/2002 Mailing Address 2781 SW 56TH AVE PEMBROKE, FL 33023 Changed: 02/06/2002 Registered Agent Name&Address ROYO, JAMES ADP 1316 NW 127TH AVE SUNRISE, FL 33323 Name Changed: 01/06/2011 Address Changed:02/06/2002 Officer/Director Detail Name&Address Title DVP REED, BARRY S. 11060 SW 23RD STREET DAVIE, FL 33328 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 5/18/2017 Detail by FEI/EIN Number Page 2 of 3 Title DVP MCGEE, JOHN R. 11050 SW 23RD STREET DAVIE, FL 33328 Title DP ROYO, JAMES A. 1316 NW 127TH AVENUE SUNRISE, FL Annual Reports Report Year Filed Date 2015 02/27/2015 2016 01/05/2016 2017 01/05/2017 Document Images 01/05/2017--ANNUAL REPORT View image in PDF format 01/05/2016--ANNUAL REPORT View image in PDF format 02/27/2015--ANNUAL REPORT View image in PDF format 01/13/2014--ANNUAL REPORT View image in PDF format 01/29/2013--ANNUAL REPORT View image in PDF format 01/12/2012--ANNUAL REPORT View image in PDF format 01/06/2011--ANNUAL REPORT View image in PDF format 01/05/2010--ANNUAL REPORT View image in PDF format 01/21/2009--ANNUAL REPORT View image in PDF format 07/09/2008--ANNUAL REPORT View image in PDF format 04/07/2008--ANNUAL REPORT View image in PDF format 04/03/2007--ANNUAL REPORT View image in PDF format 03/28/2006--ANNUAL REPORT View image in PDF format 04/09/2005--ANNUAL REPORT View image in PDF format 04/20/2004--ANNUAL REPORT View image in PDF format 01/23/2003--ANNUAL REPORT View image in PDF format 02/06/2002--ANNUAL REPORT View image in PDF format 01/22/2001--ANNUAL REPORT View image in PDF format 02/07/2000--ANNUAL REPORT View image in PDF format 02/20/1999--ANNUAL REPORT View image in PDF format 04/07/1998--ANNUAL REPORT View image in PDF format 04/11/1997--ANNUAL REPORT View image in PDF format 08/05/1996--ANNUAL REPORT View image in PDF format 04/26/1996--ANNUAL REPORT View image in PDF format 05/01/1995--ANNUAL REPORT View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 5/18/2017 Detail by FEI/EIN Number Page 3 of 3 http://se arch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNu... 5/1 8/20 1 7 ATTACHMENT D INSURANCE REQUIREMENTS MIAMIBEACH (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Seawall Repair & Construction Insurance Requirements A. Worker's Compensation Insurance as required by Florida, with statutory limits. Employer's Liability Insurance with minimum limits of $1,000,000 per accident for bodily injury or disease. Coverage under the Longshoremen and Harbor Workers' Compensation Act shall be included. B. Commercial General Liability Insurance on an occurrence basis, to include: Premises Operations; Independent Contractors; Contractual Liability; Personal & Advertising Injury; Products-Completed Operations; Broad Form Property Damage including Completed Operations; Protection& Indemnity; and Underground, Explosion and Collapse Property Damage, with limits no less than $1,000,000 per occurrence for bodily injury and property damage. City of Miami Beach shall be included as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. 24 I ITB 2017-215-ZD MIAMIBEACH D. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Bumbershoot Liability with limits no less than $10,000,000. City of Miami Beach shall be included as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. F. Vessel Pollution Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. G. Pollution Liability insurance with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. H. Watercraft Liability with limits no less than $1,000,000 per occurrence. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Contractor. Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Other Insurance Provisions 1. For any claims related to this project, the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. 2. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. 3. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: 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 25 I ITS 2017-215-ZD MIAMIBEACH Contractor must purchase extended period coverage for a minimum of five (5) years after completion of the contract work. 7. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee) for review. 8. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of"Pollution" shall include microbial matter including mold. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 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. 26 I ITB 2017-215-ZD