The URL can be used to link to this page

Contract with Kearns Construction Company Co? CONTRACT S- I THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal corporation of the State of Florida ("City"), and Kearns Construction Company. ("Contractor" or "Secondary Vendor"). WITNESS 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 stated in the Task Order 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. This 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: Kearns Construction Company 4101 Bradanza Avenue Miami, FL. 33133 Attn: John Kearns-CFO 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 6.13 Contractor shall have no entitlement to perform any services hereunder, or to be compensated for any services, unless set forth in a written Task Order. As Contractor is a Secondary Vendor, no Purchase Order or Task Order shall be issued to Contractor, and no work or services shall be authorized under this Agreement, except at City's sole discretion. IN WITNESS WHEREOF, the parties have set their hands and seals the day a year first above written. ATTEST: E CITY OF MIAM _=E r d , _��1 B Fmiv�'�ht �' City Jerk I /'• ,i ► - or. . , / • * INCORP ORATED: Attest: 41,9 ....... • `t� INSTRUCTION ti4 H 2 •...,1 ,Y daft / e. _ '"�... - c-.-1Y•53 Signale/Se etary Signature/t- ' CL_- VOLeidy L'cizqLPe Aci , °me_•� Print Name Print Name APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 0 , '"-' 5 (.a,-a,Vt City Attorney if-LA( Date 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, Ill, AND IV, CITYWIDE. RECOMMENDATION The administration recommends that the Mayor and City Corrrrission 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, III, 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, III, 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, 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 ❑ Attachment A- Tabulation ITB 2017-215-ZD Page 27 of 889 ' "- PROCUREMENT DEPARTMENT TALLY SHEET ITB 2017-215-ED CONTINUING SERVICES(AS NEEDED)FOR THECONSTRUCTION OF SEAWALLS TYPE II,III,AND IV,CITYWIDE ..♦P'SI NAVE _nor..:ne Fourdat an I,. Means<onnroat on Co. Ebsary foundation C. n.inv .._an Menr,n&sons,Inc. ITEM 1 Sheet Pile Type II AZ 14-700 for Seawalls<30'Deep I 12000 1 SF $26.32 $315,840.00 $30.17 1362,040.00 530.00 0360,000.00 $38.12 5457,440.00 596.00 151,152,000.00 2 Sheet Pile Type III AZ 26-700 for Seawalls 30'-60'Deep i 18000 1 SF $32.89 5592,020.00 $33.95 5611,100.00 533.00 I $594,000.00 $37.54 5675,720.00 581.00 51,458,00000 3 ,Sheet Pile Type I9 AZ 50-700 for Seawalls<€0'Deep ' 24000 j SF 549.34 $1,184,160.00 $59.41 51425,040.00 564.00 51,536,000.00 $67.77 $1,626,480.00 585.00 52.040,000.00 4 ,112"012"Batter Piles-9'Centers<30'Deep I 1350 1 LF 153.86 $72,711.00 $50.74 $68,499.00 $123.00 I $166,050.00 $108.68 $146,718.00 5150.00 1 $202,500.00 5 14"a14"Batter Piles-9'Centers 30'-60'Deep 2025 - LF $51.64 $104,571.00 $6449 $130,592.25 $100.00 $202,500.00 $123.67 $250,431.75 $366.00 5741,150.00 6 I6"e 16'Satter Pil -9'Centers>60'Deep 2700 , IF $65.48 5176,796.00 $87.74 5236,898.00 $96.00 . es $259,200.00 $13601 $367,227.00 $422.00 51,139,400.00 7 'Sheet Pile Cap for Seawalls<30'Deep 400 I IF $186.42 $74,568.00 $242.00 $96,800.00 $370.00 5148.000.00 $194.24 577,696.00 5521.00 $208,400.00 8 (Sheet Pile Cap for Seawalls 30'-60'Deep 400 IF $218.79 $87,516.00 $344.09 $137,636.00 5410.00 $164,000.00 5299.13 5119,652.00 5557.00 5222,800.00 9 "Sheet Pile Cap for Seawalls<60'Deep 400 1 19 $233.58 $93,432.00 5444.61 $177,844.00 5430.00 I 5172,000.00 5419.11 5167,644.00 5600.00 $240,000.00 10 Seat Wall : 400 IF $208.60 583,440.00 $302.25 5120,900.00 $400.00 5160,00000 $3,056.66 $1,222,664.00 1573.00 $229,200.00 $703.34 559,080.56 $897.62 $75,400.08 $915.00 576,860.00 $419.07 $35,201.88 $1,439.00 5120,876.00 $12.21 $1,221.00 $41.00 $4,100.00 $118.00 511,800.00 $13.03 51,303.00 $51.00 55,100.00 $30.74 $3.074.00 $60.00 56,000.00 512500 $12,500.00 $896.00 $36.00 53,600.00 $98.36 $9,836.00 $105.00 510,500.00 $310.00 ', 531,000.00 58,204.00 597.00 59,700.00 15 Riprep-Rubble,Coastal Shore-Large Boulders 1000 TON $98.36 $98,360.00 5120.50 $120,500.00 $100.00 $100,000.00 $76.35 $76,350.00 598.00 598,000.00 16 Fill material-FOOT 157 Stones 50 I TON 537.60 $1,880.00 $26.00 $1,300.00 $130.00 $6,500.00 $41.27 $2,063.50 $42.00 $2,100.00 100 1 50 53.99 5399.00 526.00 $2,600.00 $8.00 'I,, 580000 920.62 52,062.00 54.20 5420.00 $25.00 $250.00 $25.00 5250.00 525.00 ', 5250.00 525 OD $250.00 525.00 1 5250.00 101a1.-131=1- $4,801,464.00 MMIIIE:=EN 57.673,496.80 cOMME Nis MIIIIMIIIII.©®MIIIEIIIIM© ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS M1 � A /� I B E / ( H Procurement Department I V 1 1�'1, 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 zuleikadavidsonCa�miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Pr ,pective Bidders"questionnaire with the reason(s)for not submitting a proposal. s ly, I Denis 4€� r curement Di ctor ITB 2017-114-ZD Addendumdum#22 4/28/2017 Page 1 of 4 Exhibit A Appendix C, Attachment C-1 : Revised Bid Tender Form Revision 2 Failure to submitthe attached Revised Bid.Tender Form shall render proposal non- responsive;and said non-res'onsive •ro•osal shall not be considered by the City. 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 ITEM . ' DESCRIPTION QUANTITY UNIT UNIT COST j .(Quantity_x_unit Cost) 1 Sheet Pile Type II AZ 14-700 for Seawalls<30'Deep 12000 SF $ $ 2 Sheet Pile Type III AZ 26-700 for Seawalls 30'-60'Deep 18000 SF $ $ 3 Sheet Pile Type IV AZ 50-700 for 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 400111=11.111 $ 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 $ $ Excavation 100 CY $ $ ISEmbankment 100 CY $ $ 14 Oolite Boulders 100 TON $ $ , 15 Riprap-Rubble, Coastal Shore-Large Boulders 1000 TON $ $ 16 Fill material-FDOT#57 Stones 50 TON $ $ 17 Sod 100 SY $ $ 18 Allowance for Trench Safety Act(per project as applicable)* 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, Continued on the following 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 r /-- 4/28/2017 Page 4 of 4 M I AMI B E AC HProcurement Department 1755 Meridian Ave., 3rd 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 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, 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 Form shall render proposal non-responsive, and said non-responsive proposal shall not be considered by the City. IL ATTACHMENT(S): Exhibit A-Appendix C, Attachment C-1: Revised Bid Tender Form 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. Exhibit B-Appendix F, Revised Plan and Specifications Ill. RESPONSES TO QUESTIONS RECEIVED: __-__ CIT.- Can bid quantitieor 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. Q3. 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. 05. 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#1 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? A7. 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. Q14. 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. Q17. Are all piles to be FDOT type? A17. Yes. Q18. 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. Q20. 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. Q22. 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 Addendumndum#1#1 4/27/2017 Page 3 of 10 027. 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. Q33. 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? A38. The City. ITB 2017-215-ZD Addendum#1 4/27/2017 Page 4 of 10 Q39. 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 Alb above. Q42. 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. Q44. Does this contract include any liquidated damage penalty? A44._ Yes.$100.00 shall be assessed for each day after Substantial Completion that the Work is not complete. Q45. 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 SQFT 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 RafaelGranado(a�miamibeachfl.gov Contact: Telephone: 1 Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidson(a�miamibeachfl.goy ITB 2017-215-ZD Addendum#1 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. -4,117 • eiD-.'_ 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-ZD 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. Total Item Description Quantity U I M Unit Cost (Quantity X unit_Cost) 1 Sheet Pile Type II AZ 2414-700 for Seawalls<30'Deep 400 SF Sheet Pile Type III AZ 26-700 for Seawalls 30'-60' 2 Deep 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 1 14"x 14' Batter Piles-9'Centers 30'-60'Deep 5 45 LF 6 16'x 16" 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 LF 11 Pin Piles for Seawall 84 EA 12 Excavation 100 1 CY Embankment 13 100 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 I 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. ITB 2017-215-ZD Addendum 41 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 12-. 1,AND 18'S0. PRESTRESSED CONCRETE PILE ;' .5„'„ PER FOOT INDEXES 20612. '” A 1 20614 ANO 20018 \ ."I t„:::::: . ,!,,,:::::::,'" RESPECTIVELY—CAST-IN-PLACE I ` C NEW STEEL SHEET i CONCRETE CAP 1 -,PILE(TYP.) I.' _F M J / �, \ %\ ..,, `MEM' \� b 9 -2' \._, (0.0 TYP.) e 1. NEW PLAN VIEW ..).74: 51,r,. �, x )9'OON rM1,Cu5 N t .--. w TE AND STIRRUP 4 12 3L'. *HER )", (-95 3 0'0_C. 1 /-,;',.,3 0 O.C.D EACH BA-cR PIL-L 'OP AND 307081 _ Y EL+57 so`.r 0i 1N15H DRAOE• NAVO 1 tl.ffAT SALL oETol•, uL �1—,r \\)\-,<\� ALA EE' -E OR AMERICAN h4nCAL DADA(NAND)OF 99fl III .,ESR 'w L ALL r',E FIf ANDIFICATION Ape CA N IHC :FUO. ROUCHT 70 E 4 N O»OE . 5 E E O E ...DANCE NTH ESEAAND AD ORI,. E_ E N'OCM D'HE RNORA li /Air 1'S DEE NEE,1E-.ESE ELAN5 AND L STA A c 0 E 0 ESpCNS,9LTY "D DRILL'2-_POxr 1 98 308E_.2'_s R SHEET PLE PIE CAP 1 D 3D N DOE. R » D.MID 3R _s. InD I I AND:OCN NTO 1 BAITER LL T00 L Z.-SECTIONS 2 n t W cRE2 D3ENFORCHG STEEL ( , ,LLC ETE E05500 5000 00 5000 06,0 Np'n/C 0010 AT'»E%ND ARE -R 5E7 cw,N Acno»ITE T ,»0 3+ 3E'TSEo Nr T 1, 1 +c.2A-ER 'LNC m ,-EEE TABLE 3 <3C I AZ-74-700 27 56172.44 10.413 36 18` 5»AL_ o c/ ) w0 ze 3A s.,wup n z ac.?sR RDar 7 E 00E AND VANDAL x STANDARD 0AC00E 1APS YHA.3E A MIN 3E 35 3AR 1 NODES 20612,20613 i 30' 60'I AZ-26-700 2 56113.1 1.00.480" 42 20'13 ALL u» CONCRETE YURFACES SHALL AVE A OCH EaDou N S» I 1N0 2069 5 >50 1 AZ-30-7 C 2 1"9.3°10.906 09" 3C"ISTEEL,»Ar p» LI I 2 A _I, AAs ?CLAUD.3N » A➢c. P h AS REe ED 3 A RSEN WE L vEx-SH]LAA. 6E D a< � wE3AeeN6 AseR ��) SHEET PILE SCHEDULE 1 RUBBLE SANT AND �� U N.r.3. w"sEcno».NE ,_,NE 5ueM1c>onAM»s.Kort nvcxovA�R E L t»Nfss rlmwuM:»o_Oe�ED,s Id 6»CRE?40rEC".ON SHOWN xi I "0 3.5E:PLAN --1�C AHED s Arca ' E 'OR',OCA"CN E. 5 ARDwME»� ' /\ \ %\\\ \\ % `" ALL 3 .D1 AND or"PEED zNc..AL;AN zE L /\.\`//\ A L \\\\ CAS,-,557) 0 3EORGANICA fiA R ASp -CEN OF VS Nn 000.1 DRr DENS,CKFEJ_VATE3IAL SHALL 3E TREE ORALNING SAND OR a/AVEL AITX A...V OF ELATE EERCENT EASSIDC�E 1300 -A-,CANTILEVER STEEL SHEET PILE SECTION FOR RETAINED FILL r J N.T.S. ,AA A\;1 3E C; -0005001 SHEET PILE SEAWALL PLAN 1 o..NA,:A_..ANL AAAA's .,'.'__. �.__A' ' 1 ,..<s50, � PUBLIC WORKS DEPARTMENT Tay 'HALL SECTIONS AND DETAILS 11 _ _,D,._. A.c_..m,a .A I • I M- 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 =A - 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. ❑X 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(cr�.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 rafaelaranado(c�miamibeachfl.gov. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com 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 Change Orders. The City anticipates that the significant portion of all seawall projects awarded pursuant to any continuing services agreement resulting from this ITB shall be completed in accordance with the prices established through the ITB. The City recognizes that there may be instances when the need for services in addition to those stipulated herein shall arise (e.g., demolition of existing seawalls, installation of sidewalks, project specific requirements). In those cases, the City may negotiate with the Contractor on a mutually agreeable price for the additional services based on available industry pricing. The approval of the City Manager shall be required for any additional services exceeding a project aggregate of$50,000. 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.qov/guidelines-and-standards/recreation-facilities/outdoor-developed- areas • www.access-board.qov/quidelines-and-standards/recreation-facilities • www.access-board.gov/guidelines-and-standards/recreation-facilities/quides/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 Manager's Review: After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. 18. City Commission Authority: The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. 12 I ITB 2017-215-ZD M IAM I BEACH 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://suppl ierportal.d n b.com/webapp/wcs/stores/servlet/Su ppl 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 MIAMI BEACH 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 Leff 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 MIAMIBEACH 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. © 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 4- 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 �1 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 MIAMI BEACH 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 1TB 2017-215-ZD M IAM I BEACH 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 MIAMIBEACH 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-ZD T MIAMI BEACH 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. Proiect Sion: 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 Requlations: 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 Pape Intentionally Left Blank 50 I ITB 2017-215-ZD APPENDIX "A" MIAMI 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 ITB 2017-215-ZD BEAC—. Solicitation No: Solicitation Title: 2017-215-ZD CONTINUING SERVICES-SEAWALLS Procurement Contact: Tel: Email: ZULEIKA DAVIDSON 305-673-7490 ZULEIKADAVIDSON( 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 BEAC 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 BEACI- 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 1 ITB 2017-215—ZD BEACH 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 M AtVA1 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 Note:It is important for those vendors who hove received notification of this solicitation but have decided not to respond,to complete and submit the attached "Statement of ; No Bid."The"Statement of No Bid" provides the City with information on how to improve .the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City.° 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 MAM 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 1AAM BEACH Other Forms 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 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 MIAMI 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. 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. 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 andconditions 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 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: 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 Page Intentionally Left Blank 85 I ITB 2017-215-ZD APPENDIX F AAAI\A 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 Wb ® �5 n ® 6 PITCH 1 TURNS » .w°.a W� _...........firo�... <. CAST-IN-PLACE NEW STEEL SHEET 6uRNCHo T6 PITCH i 111:1 CONCRETE CAP PILE(TYP.) B1 AT c R °L•F E 7J 05 4.3 ILII 1 , LiII��I ... 000 �:� I .II�A,y ��,.� W3.5 SPIRAL TIES �3/4"CHAMFER.ttP,w� ll ;�.r,''..„.. 03.5 SPIRAL TES �1 IT R 92 g (o.0 TYP.) s A ..R II 1ONEW PLAN VIEW MIN CO,)1 HAMPER. P. 1' = 1'-0' N.7.O 9 PILES.SECTION 51 ^°�°E #8 CONTINUOUS w E 14 SE AND STIRRUP 0 12'O.C. (71 )OTHER DEd5 0 fi O.C. IO 14 0 9'O.C.0 EACH BATTER PILE °°” TOP AND BOTTOM """` ` �� FINISH RAA NAVO `t m IM CseATBULSR=rM[t �i w W�.�� / R NOTES �a� N NTENTSHOWNREFER E=ETP M=(WWII) .waC INS 00 L.BRDC HT TD ME AT ENTON OF R �, DIMENSIONS ON PLANS A scLEPArvfiEs BETWEEN LTM DRILL 12'EPDXY CLEAR Is THE INTENT OE mE E Purvs ANO ATN:, R NA LT rN LOCAL ST O XR DOWEL x 2-5' FEDERAL FAMILIAL E VRONMENTALSPERMITS ISSUED HFFORETHISNPRDUECTOa SHALL BE THE CONTRACTOR'S RESPONSIBILITY 0 AH DANDRILL HOOK INTO s. APPLICABLE BUILDING CODE:FLORIDA BOLDING CAND GOVERN HIMSELF BY ALL ODE 52010 OR LATEST OF MESE A EDITION. BATTER PILE,TIP. SHEET PILE PILE CAP BATTER PILE PRE-STRESSED SEE TABLE 3 L Z-SECTIONS b H 1 W 0 Wb N R TE AND aEINr Ogc:Nc STEEL CONC.BARER PILING 0 1. u CONCRE el. s»ALL ArtuN A ,,,C:,.. ros7:: asvyE srgEN;TTH of so0o AL A0 w/c RATIa A}T ANo 2a oArs swMP DIAMETERS.REINFORCEMENT PLACING SHALL CONFORM TO ME LATEST ACI CAS O.C.W/(12)I.z'P D E R FR,CTION EREOF ANo Sr OL BE TESTED,T T. 9'-270 gas <30' AZ-14-700 30.32"13.56"0.375" 36" 18" 12" 2 EQ F R A17sD c 5 30'-60' AZ-26-700 27.56"18.11'0.480" 42° 24° 14" �_ ALL UNIFORMED CONCRETE SURFACES SHALL HAVE A LIGHT BROOM FINISH. DE ANC MANUAL of STANDARD PRACTICE 12 >60' AZ-50-700 27.56"19.84"0.906" 48" 30" 1 16" STEEL SHEET PILING 1. ALL SHEET SHALL BE -22.CAST HOT ROLLED.BALL AND SOCKET INTERLOCK.ASTM A57.2 GRADE 50 AS RUBBLE BONE AND • MANUFACTURED BYG LINE SUBMIT SHOP DRAWINGS FOR APPROVAL.DRIVE OAT TOP 10 FEET,B011-1 SIDES WIM COAL TAR EPDXY. is SHORE PROTECTION OSHEET PILE SCHEDULE TD M,IL FCEr,,"Ess1.I"�I,`�uM°:xozc�`ons�°EAC oD""aNA `EON LI. I.TO J.SEE PIANit . . . i ALL MISC.STEELCOMPONENTS.BOLTS AND 00000005 SHALL BA ASTM 436 AR 0307 ANO HOT DIPPED TING GALVANIZED SHEET FOR LOCATION MI C MISCELLANEOUS STEEL /\�i\\ \O%O T BACKFILL MATERIAL SH A MAXI FIPASSING E.200 SIEVE FILL OF ITS MAXIMUM ERT DENSITY (ASTM-I557). ORGANIC MA ERIAL DR ASPHALT WILD BE ALLOWED OCANTILEVER STEEL SHEET PILE SECTION FOR RETAINED FILL N.T.S. 11 r1 I A If{I BEACH SHEET PILE SEAWALL PLAN w• "M Wmp PUBLIC WORKS DEPARTMENT NL wa� V "TLE- WALL SECTIONS AND DETAILS , .c. O s x.uowa a,x Kµ SO 1.ccn1c rnOT D 70.o x.I_ I 1 O M„� ATTACHMENT C CONSULTANTS RESPONSE TO THE ( ITB) KEARNS CONSTRUCTION CO • CGC 060194 City of Miami Beach 1755 Meridian Ave,Third Floor Miami Beach, Florida 33139 Attention: Zuleika Davidson / Contracting Officer Invitation to Bid No. 2017-215-ZD CONTINUING SERVICES (AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III AND IV CITYWIDE Submitted by: The Kearns Construction Company May 02, 2017 at or before 3:00 PM 4101 BRAGANZAAVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNs CONSTRUCTION Co•CGC 060194 INVITATION TO BID CONTINUING SERVICES(AS NEEDED) FOR THE CONSTRUCTION OF SEAWALLS TYPE II, III,AND IV CITYWIDE ITB NO. 2017-215-ZD City of Miami Beach Bid Issuance Date:April 19,2017 Bid Date: May 02, 2017 at 3:00 PM Issued By:Zuleika Davidson,Contracting Officer Procurement Department 1744 Meridian Drive,3`d Floor Miami, Beach, Florida 33139 Name of Bidder: Kearns Construction Company Address of Submitting Bidder:4101 Braganza Avenue, Miami, FL 33133 Email Address of Contact Person(John Kearns):jkearnsPkearnsconstruction.com Phone Number of Bidder:305.461.0310(Office)or 305.975.8878(Cell) Fax Number of Bidder:305.461.1892 Federal Tax Number:77-0615005 Company Declaration: Kearns Construction Company is a Corporation Signature of an Officer or other individual of the submitting Bidder who has the authority to bid said Bidder: . John Kearns-CFO Kearns Construction Company May 02,2017 Printed name of the authorized signing officer or other individual:John Kearns Title of the authorized signing officer:CFO Table of Contents:See attached. 4101 BRAGANZA AVEUNUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com KERN S CONSTRUCTION CO • CGC 060194 Table of Contents Tab A Identification Page and Table of Contents Tab B Bidder Certification Questionnaire Requirements Affidavit Tab C— Minimum Requirements Required Licenses Previous Experience Referenced Bonding Capacity Dun & Bradstreet Supplier QuiTified Report (furnished upon request by the City) Tab D Bidder's ability to execute the Type of work described in the Invitation to Bid Experience and Key Personnel Evidence of Experience Organizational Chart of proposed key personnel &their qualifications Staffing Plan Tab E— Bid Prices 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com EC Solicitation No: Solicitation Title: 2017-215-ZD CONTINUING SERVICES-SEAWALLS Procurement Contact Tel: Emelt: ZULEIKA DAVIDSON ! 305-673-7490 ZULEIKADAVIDSON{d?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 Kearns Construction Company No of Years in Business: 17 Years No of Years in Business Locally: No.of Employees: 25 17 Years OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: N/A FIRM PRIMARY ADDRESS(HEADQUARTERS): 4101 Braganza Ave CITY Miami STATE: FL ZIP CODE: 33133 TELEPHONE NO.: 305.461.0310 TOLL FREE NO.: 305.461.1892 FIRM LOCAL ADDRESS: 4101 Bracianza Aveune CITY. Miami STATE: FL ZIP CODE: 33133 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: John Kearns ACCOUNT REP TELEPHONE NO.: 305.461.0310 ACCOUNT REP TOLL FREE NO. ACCOUNT REP EMAIL: jkearns@kearnsconstuction.com, palvarez@kearnsconstruction.com FEDERAL TAX IDENTIFICATION NO.: 77-0615005 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 i BE AC - 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. 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 l X l 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 11113 2017-215-ZD A; EAC: 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 cess to any benefits to employees with spouses or to spouses of employees? YE NO B. Does your company provide or offer acc s 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 PArfners 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 ,x,j.\',:I t�'3 rt�`.i;�\ EAC H ,d 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 -ceiot Receipt Receipt >3"-" Addendum 1 Addendum 6 Addendum 11 4,,C71,.. 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 T EAS 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 approveddnd 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 BEACH 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: John Kearns CEO Signature of Bidder's Auihoriz Representatie• Date: 05/02/2017 State of FLORIDA ) On this 2nd day of May ,2017 personally appeared before me who County of Miami-Dade ) stated that (s)he is the of Kearns Construction Comaprry, 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 EARNS CONSTRUCTION CO • CGC 060194 May 02, 2017 Zuleika Davidson Contracting Officer Procurement Department 1744 Meridian Drive Third Floor Miami Beach, Florida 33139 Subject: Kearns Construction Company's Litigation/Past Five Years Ms. Davidson: Currently,the Kearns Construction Company is the defendant in two pending cases. First, a boat Owner at the Crandon Marina is suing the Kearns Construction Company for allegedly sinking his 32' boat. The boat sank one week after Kearns Construction Company changed the pile at the Crandon Marina. The boat Owner admitted (owner signed incident report)that the boat leaked (stuffing box) long before Kearns Construction Company arrived at the Crandon Marina. Unusual heavy rains and Owner's lack of care sank this boat. The boat was not insured. Now the boat owner is suing the marina and the Kearns Construction Company. Second, Kearns Construction Company performed seawall work for the City of Miami Beach (Summer 2011). The residential neighbor to the site is now suing the City of Miami Beach, Envirowaste(prime contractor) and Kearns Construction Company. The Plaintiff alleges movement to his existing seawall. The following facts should be noted: 1. The DERM (Miami Dade County) permit photos taken three months before the start of construction showed that this wall had already moved (rotated out by 2.5"). 2. Previously,the home owner built a pool without the required permits. During the construction of the pool,the home owner cut the structural supports for the seawall. After this was discovered,the owner has discontinued his litigation efforts. 3. The existing seawall is 80 years old. The home owner never performed any maintenance or repairs to the seawall. 4. The existing seawall has exceeded its life cycle. Over the past eighty (80)years,the seawater has dissolved the seawall. ` ' 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com 5. The three neighbors to the west and two neighbors to the east have all previously replaced their 80 year old seawalls. 6. The existing seawall was not built to code. 7. Kearns Construction Company's seawall work was performed and inspected in accordance with the City's permitted plans. 8. Kearns Construction Company's seawall work was inspected and approved by both the Engineer of Record and the City's building department. 9. The Plaintiff has never presented any evidence that Kearns Construction Company created movement to the seawall. 10. Ten (10)wall feet of seawall is in question. The Plaintiff now claims$280,000 in damages (new dock, new boat lift and 100'of new seawall). Both of the above cases are covered by Kearns Construction Company's general liability insurance. These cases will not affect the financial viability of the Kearns Construction Company. The insurance company for the Kearns Construction Company has settled the following two cases. A. In 2011 a lady had a slip and fall on a dock at the Watson Island Boat ramp. All of the witnesses (plaintiff, ex-husband and best friend)stated that she fell in an area that was not part of Kearns Construction Company's work. Our insurance company made an economic decision to settle with the lady and save the expense of litigation. B. Kearns Construction Company was involved in a minor fender bender/traffic accident. There was damage to either vehicles. The police accident report states there were no injuries. Two years after the accident, Kearns Construction Company was sued. The insurance company for the Kearns Construction Company settled this claim. Kearns Construction Company has never been sued by a client, subcontractor,vendor or supplier. We have never had a vendor, supplier or subcontractor file a lien on any of its jobs. Kearns Construction Company has never been late on any contract and has never paid liquidated damages. Very truly yours, John Kearns x ,_aSTATE OF FLORIDA 4DEPARTMENT OF BUSINESS AND PRCWESSIONAL REGULATION . .. .. CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 ,N44.--",.•#` 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-078 -,ter_ KEARNS, CHARLES SWANSON KEARNS CONSTRUCTION COMPANY 4101 BRAGANZAAVE MIAMI FL 33133 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and ^ STATE OF FLORIDA Professional Regulation. Our professionals and businesses range {3,; : from architects to yacht brokers,from boxers to barbeque DEPARTMENT OF BUSINESS AND restaurants,and they keep Florida's economy strong. ••;::_,,e• PROFES$IOkJAL REGULATION Every day we work to improve the way we do business in order CGC060194 , .I.� UED: 07/17/2016 to serve you better. For information about our services,please - - a `C: logwww onto .myfloridalicense.com. There you can find more CERTIFIED GEN N ACTOR information about our divisions and the regulations that impact KEARNS,CHART- S LS,8' you,subscribe to department newsletters and learn more about KEARNS CONSTRtJC;. • ‘< . +,"ANY _D theepartment s initiatives. Our mission at the Department is:License Efficiently. Regulate Fairly.We constantly strive to serve you better so that you can IS CERTIFIED under the provisions of Ch.489 FS, serve your customers. Thank you for doing business in Florida, Expiration date:AUG 31,2018 L1607170001593 and congratulations on your new license! DETACH HERE RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 1'; CONSTRUCTION INDUSTRY LICENSING BOARD a ' , LICENSE NUMBER CGC060194 1 }L 4' *AA ' J"3 "{ The GENERAL CONTRACTOR % _, Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31 2018 "" ',- .� . .,,;; iP.Cj1 KEARNS, CHARLES SWA►.-s t " t`. ' KEARNS CONSTRUCT '.0"-:-..i t PANY '� 4101 BRAGANZA AVE, -ms„,, .-: .:, .' ,, t,x I `., .ice MIAMI FC', �: '? .. -. .n 1114'r ,, } '`" 0 t`-. ,'soy. ISSUED 07/1712016 DISPLAY AS REQUIRED BY LAW SEQ# L1607170001593 004392 Local Business Tax Receipt LBT Miami—Dade County, State of Florida —THIS IS NOT A BILL—DO NOT PAY 2050 BUSINESS NAME/LOCATION RECEIPT NO. EXPIRES KEARNS CONSTRUCTION COMPANY RENEWAL SEPTEMBER 30, 2017 4i 01 BRAGANZA AVE 4363131 Must be displayed at place of business MIAMI FL 33133 Pursuant to County Code Chapter 8A—Art.9&10 OWNER SEC.TYPE OF BUSINESS PAYMENT RECEIVED KEARNS CONSTRUCTION COMPANY 196 GENERAL BUILDING CONTRACTOR BY TAX COLLECTOR ,CHARLES KEARNS QUALIFIER CGC0601 94 rrker(s) $45.00 07/22/2016 f CHECK2l-16-049627 This Local Business Tax Receipt only confirms payment of the local Business Tax.The Receipt is not a license, permit ora conification 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 en all commercial vehicles—Miami—Dade Cade Sec 8a-276. For more information,visit wmt,nittetidade,gowtaxcoUeclor • MtNIELSON, HOOVER & ASSOCIATES May 1, 2017 City of Miami Beach Miami Beach, Florida RE: Kearns Construction Company—Prequalification Letter—Project: City Wide Seawall Bid/Letter of intent-ITB#2017-215-ZD To Whom it May Concern: This is to advise you that our office provides Bid, Performance, and Payment Bonds for Keams Construction Company. They are currently bonded with Hartford Fire Insurance Company an A.M. Best's Rated A+/XV surety company. Based upon normal and standard underwriting criteria at the time of the request, we should be in a position to provide Performance and Payment Bonds for single projects of $20,000,000 and a total program capacity of$30,000,000 aggregate. We obviously reserve the right to review all contractual documents, bond forms, and obtain satisfactory evidence of funding prior to final commitment to issue the bonds. We consider Keams Construction Company and their shareholders to be an excellent contractor/client and we hold them in the utmost highest regard. Over the years,we have issued numerous bonds, all completed to great satisfaction. Obviously,we feel extremely confident in our contractor and encourage you to offer them an opportunity to execute the above referenced project. This letter is not an assumption of liability, nor is it a bid or performance&payment bond. It is issued only as a bonding reference requested by our respected client. If you should have any questions, please do not hesitate to give me a call. .R,6.......,, ery ly Charles J. Nielson Attorney-in-fact 8000 Governors Square Boulevard Suite 101 Miami Lakes, 33016 P.305 722 26633 F 305 558 9650 ACOR CERTIFICATE OF LIABILITY INSURANCE DATE(MMJDDJYYYY) 04/21/2017 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MiiCorp d/b/a Millennium Insurance& Inv ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 40 Hollywood Blvd., Suite 415 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. lywood, FL 33021-6933 r none: (954) 983-4252 Fax: (954)212-2255 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Continental Insurance Company 35289 Kearns Construction Company,Inc. INSURER B:Commerce&Industry Insurance Co. 19410 4101 Braganza Avenue . Miami,FL 33133 INSURER C.National Fire Insurance Co of Hartford 20478 FL LICENSE#CGC060194 INSURER D:Atlantic Specialty Insurance Co('Lead 50%1 27154 I INSURER E: Liberty International Und("Following 50%") 23043 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �C k '1 NSR aunt. pOjy�yl� P��TE{MMPODlY1'�N LIMITS $1 LTR ADO L TYPE OF INSURANCE POLICY NUMBER OA A GENERAL LIABILITY ML 9780064 EACH OCCURRENCE $ 1.000,000 A COMMERCIAL GENERAL LIABILITY Blanket Additional Insured, PREMISES TOEaoccurencnt $ 250,000 El CLAIMS MADE El OCCUR Waiver of MED EXP(Any one person) $ 10,000 * Y Z Blanket Additional Insureds Subrogation,Primary 03/29/2017 03/29/2018 PERSONAL&ADV INJURY $ 1,000,000 Includes XCU Non-Contributory, Per Project Aggregate'When GENERALAGGREGATE $ 2.000,000 GEN'LAGGREGATE LIMITAPPLIES PER: required by written contract" PRODUCTS-COMP/OP AGG $ 1,000,000 1 POLICY nPROJECT f LOC Deductible BIPD ea claim $2,500 C AUTOMOBILE LIABILITY BUA6023678054 COMBINED SINGLE LIMIT Z ANY AUTO *Blanket Additional Insured, (Ea accident) $ 1,000,000 ALL OWNED AUTOSg BODILY INJURY Waiver of Subrogation, SCHEDULED AUTOS Primary Non-Contributory (Per person) $ HIRED AUTOS "When required by written 03/29/2017 03/29/2018 BODILY INJURY ✓D NON-OWNED AUTOS contract" (Per accident) $ *Y viZ *Bat Add/Insured,Waiver of Subrogation PROPERTY DAMAGE ley ID Primary Non-Contributory (Per accident) $ GARAGEUABILITY AUTO ONLY-EA ACCIDENT '$ p ANY AUTO OTHER THAN EAACC $ 7 AUTO ONLY: AGG $ EXCESS/UMBREL A LIABIUTY D B5JH26243 Lead& EACH OCCURRENCE $ 10.000 0, 00 & OCCUR E3 CLAIMS MADE ATAA1 SP8003 Following AGGREGATE $ 10.000,000 E 50%Quota Share Each 03/29/2017 03/29/2018 Follow Form/Drop Down $ INCL DEDUCTIBLE (Lead&Following) 'Scheduled Vessels" $ ONLY Q RETENTION $25,000 $ WORKERS COMPENSATION AND WC S IA1U• �OIH- B EMPLOYERS'LIABIUTY WC00161591 TORY LIMITS 1+! ER USL&H ** ANY PROPRIETOR/PARTNER/EXECUTIVE (FL Only) B L EACH ACCIDENT $ 1,000,000+ OFFICER/MEMBER EXCLUDED? ND 'Blanket Waiver of Subrogation 03/29/2017 03/29/2018 If yes,describe under "when required by written contract" El.DISEASE•EA EMPLOYEE $ 1,000.000 SPECIAL PROVISIONS below E L.DISEASE-POLICY LIMIT $ 1,000.000 OTHER Protection&IndemnityVessel Liabilitypgl H 0877068'BlanketAddltlonal Insured.Walver P&I$1,000,000 each Occurrence incl Roving A t ) of Subrogation,Primary Non Contributory 03/29/2017 03/29/2018 Crew(5 Crew)for Scheduled Vessels when required bywritten contract DESGRIP[ION OF OPERA[IONS 1 LOCA DONS/VEHIlJLES r EXCLUSIONS ADDED BY ENDORSEMEN I 1 SPECIAL PROVISIONS ' RE:2017-215-ZD CONTINUING SERVICES(AS NEEDED)FOR THE CONSTRUCTION OF SEAWALLS TYPE 11, III,AND IV CITYWIDE **30 Days Advance Notice of Cancellation EXCEPT for Non-Payment of Premium 10 Days CERTIFICATE HOLDER CANCELLATION FADDITIONAL INSURED: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION rY OF MIAMI BEACH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN - JO CONVENTION CENTER DRIVE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL MIAMI BEACH, FL 33139 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE i Gloria J. Bravo, CIC ACO D 25(2001108) CARt1 CMRPORAT1O?1.$$$_. I, _ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) K E CONSTRUCTION CO • CGC 060194 City of Miami Beach Continuing Services (As Needed)for the Construction of Seawalls Type II, III and IV City Wide ITB: 2017-215-ZD Key Biscayne Yacht Club $2,000,000 Client Name: Key Biscayne Yacht Club Christine Stewart I Marina Manager Address: 180 Harbor Drive, Key Biscayne, Florida 33149 Telephone: 305 3618229 Email: MarinaPKBYC.Org Narrative: Installed new sheet pile seawall in front of old concrete panel seawall. Removed old concrete cap and installed new concrete cap. New seawall needed for north dock replacement project. Start Date: September,2016 End date: April, 2017 Marina Palms New Marina and Sheet Pile Seawall $7,000,000 Sheet Pile Seawalls and new 116 slip marina Clients Name: The Plaza Group Ed Bec(Project Rep): 305 454 3214 Email: ebec@plaza-group.com Larry Jankins(Project Executive):954 520 9229 Email: Uankins@plaza-group.com Project Address: 17201 North Biscayne Boulevard, North Miami Beach, Florida Narrative: Add cantilever sheet pile seawall and concrete cap. In addition, installed new 116 slip concrete marina with driven steel pipe pile. Project Commencement: August 2014 Project Completion: October 2015 Miami River Lobster and Stone Crab Corp. $300,000 New Sheet Pile Seawall Clients Name: Miami River Lobster and Stone Crab Corp. Manny Priegues(Owner/President) Project Address: 135 SW South River Drive, Miami, Florida Telephone: 305 345 9070 Contract's Email: Manny@PrieguezSolutions.com Narrative on Scope of Services: Remove existing concrete gravity wall. Install new coated cantilever sheet pile seawall on the Miami River. Project Commencement: April 2016 Project Completion: July 2016 4101 BRAGANZAAVENUE • MIAMI. FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com City of Miami Beach—Sheet Pile Seawall Project $580,000 Client Name: City of Miami Beach/Prime Contractor: Envirowaste Contact Individual: Jose L. Ferre(Project Manager/Envirowaste) Telephone: 786 365 0635 Contact's Email: Joef@flotechllc.corn Narrative on Scope of Services: Kearns Construction Company completed two cantilever sheet pile projects for the City of Miami Beach(Envirowaste was the prime contractor. Kearns Construciton Company was the sheet pile subcontractor and completed 98%of the work). The first seawall project was at the west end of Lincoln Road. The second project was at Sunset Island No.3. Both projects were compelted on time and on budget. Project Commencement: Spring 2011 Project Completion: Summer 2011 K EARNS CONSTRUCTION CO • CGC 060194 Kearns Construction Company Table of Organization City of Miami Beach-Continuing Services for the Construction of Seawalls Type II, Ill and IV City Wide/ITB: 2017-215-ZD Charles S.Kearns Project Manager and Kearns CEO John W.Kearns Brock Sullivan Chief Administrator and CFO Project Superintendent Chief Financial Officer Estimator — -Kearns-Site-Staff Construction site superintendent Office Manager City and Community Liaison officer Note: Kearns Construction Company shall self perform all sheet pile seawall work. Kearns Construction Company owns and operates,seven cranes,five barges and four tugs(see attached). No subcontractors will be used. 4101 BRAGANZAAVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO • CGC 060194 CONSTRUCITON EQUIPMENT LIST May 02, 2017 Description: Amount: American 999 (110 Ton) $150,000 American 7225 Crawler Crane (85 Ton) $143,150 American 5300 (70 Ton)-Purchased 8/30/2013 $150,000 American 5299 Crawler Crane (50 Ton) $ 76,850 American 5299 A Crawler Crane (60 Ton) $ 90,000 Hino Flat Bed Crane Truck $ 60,000 Grove 75 Ton RT Crane $220,000 120'x 45'x 7 Spud Barge-"Davis" $357,000 100' x 37'x 7' Spud Barge (19 Watertight Compartments) $220,000 95' x 35' x 6'Spud Barge(New Barge) $140,000 33' x 22' x 3' Spud Barge with hydraulic winch (material barge) $ 30,000 50' x 22' x 5.5' Sectional Spud Barge $ 50,000 35' Island Runner Crew Boat- "Offishal Business" $250,000 26' Twin Screw, 610 HP Progressive Push Boat-"Karen" $250,000 26'Twin Screw,460 HP Progressive Push Boat-Purchased 5/2012 $186,000 26'Twin Screw, 460 HP Progressive Push Boat-Cummings $170,000 26' Single Screw, 230 HP Montauk Push Boat-Detroit Diesel $ 20,000 17' Boston Whaler Crew Boat-90 HP Yamaha $ 5,000 18' Boston Whaler Crew Boat-150 HP Johnson-Purchased 5/2012 $ 20,000 19' Boston Whaler Crew Boat $ 20,000 Two 20' Work Floats $ 3,000 Two 12'Work Floats $ 2,000 One 8' Work Float $ 1,000 Two Drop Hammer Pile Drives (65' leads and 40' leads) $ 20,000 Three Pile Driving Punch $ 20,000 Pile Driving False Work $ 5,000 Eight Clam Shell Buckets $ 72,000 CAT 232 B Skid Loader $ 15,000 CAT 262 B Skid Loader-Purchased February 2013 $ 17,981 Utility Trailer $ 5,000 Two Modular Mobile Office Trailers $ 8,000 Commercial Dive Equipment $ 33,000 Chevy 3500 Box/Utility Truck-2003 Gas $ 8,000 Chevy 3500 Box/ Utility Truck-2013 Diesel $ 40,000 Two Welding Machines $ 10,000 CAT 314-14 ton Excavator-Purchased 2/15/2017 $ 65,000 Hitachi 12 ton excavator-Purchased 10/17/2011 $ 27,500 Total: 2 6 $ ,9 0,481 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com K E N S CONS TR UCTION CO • CGC 060194 1. Charles S. Kearns, G.C. - President, Owner and CEO 4101 Braganza Ave, Miami, Florida 33133 Office: 305 461 0310, Cell: 786 295 1717 Company. Mr. Kearns is license holder (CGC 060194) and qualifier for the Kearns Construction Company. Mr. Kearns graduated from Jacksonville University. If awarded this project, Mr. Kearns will be assigned to this project. Mr. Kearns sheet pile and marine projects include the following: A. Port of Miami Tunnel: Site of Excavation (SOE) at Watson Island. Poured largest tremie slab in North America. B. Port of Miami Tunnel: Site of Excavation (SOE) at Dodge Island. Excavated 60,000 CY of fill in sixty days. Furnished and Installed sheet pile for flood gates. Built underwater cantilever wall with commercial divers. Poured second largest tremie slab in North America. Port of Miami contract amount was $5,000,000. C. Norris Cut Tunnel: Excavated and Poured largest access shaft in Florida. Drove 80' long x 42" diameter steel pipe piles with MKT V-35 vibratory hammer. D. Miami River Lobster and Stone Crab Seawall dock: Constructed 300' long cantilever steel sheet pile seawall with concrete cap. E. River Cove Marina: Constructed 900' cantilever sheet pile seawall project and new 75 slip marina. F. Superintendent for the installation of Bellingham Marine Concrete docks for the 2017 Miami International Boat Show with vibratory hammer. G. Marine Project Superintendent for the Ocean Reef Club Marina. Project included the installation of concrete floating docks (Phase I & Phase II totaled 200 slips). Pipe pile driving was completed with a MKT V 20 vibratory hammer. H. Marine Project Superintendent for Stock Island Marina Village in Key West, Florida (120 concrete floating dock slips). Installed steel pipe pile with a MKT V 20 vibratory hammer. I. Constructed sheet pile seawall for Miami River Ship Port/ 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33 133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.corn KEARNS o CONSTRUCTION CO • CGC 060194 2. James "Brock" Sullivan —Superintendent - Partner, COO. 4101 Braganza Ave, Miami, Florida 33133 Office: 305 461 0310, Cell: 305 986 2924 Mr. Sullivan is an Owner of the Kearns Construction Company and will assist Charles Kearns with the site management of the City Wide Seawall Project. Brock has been with the Company since 1997 and supervised many significant projects. Mr. Sullivan marine projects include the following: A. Marina Palms Marina (New sheet pile seawall and 116 slip marina with fixed and floating docks) B. National Parks Service/ Elliot Key— Remove and replace 40 slip Marina fixed and concrete floating docks C. National Parks Service / Elliot Key— New 200' concrete service bridge D. Key Biscayne Yacht Club (Sheet pile seawall and north dock replacement—35 slips, floating docks, dredge and breakwater) E. Remove and replaced steel sheet pile seawalls for the City of Miami Beach (Lincoln Road and Sunset Island) F. Molasses Reef Marina, Key Largo Florida (Remove and replace existing 70 slip marina) G. Artificial Reef for Port Miami Deep Dredge (1,873 reef balls) H. Artificial Reef for Flagstone's Deep Water Mega Yacht Marina (2,400 reef balls) and deployed 10,000 CY of beach sand for seagrass mitigation. I. Coral Reef Yacht Club — Dredge and dock construction. J. Coral Reef Yacht Club — Finger piers K. Rickenbacker Marina (800 LF sheet pile wall with concrete cap). Bridge for boat launch. New docks @ 200 slip marina. L. City of Miami Mooring Pile Replacement (2005 through 2016 = 1,500 mooring piles) M. Miami Dade County Mooring Pile Replacement (2005 through 2016 = 500 mooring piles). N. River Cove Marina / Supervised the construction of a 900' cantilever sheet pile seawall and 75 slip marina. 4101 BRAGANZAAVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com K EARNS CONSTRUCTION CO • CGC 060194 3. John Kearns, G.C. - Owner, Estimator & CFO. Mr. Kearns prepares proposals and performs administrative work for the Kearns Construction Company. Mr. Kearns has been with the Kearns Construction Company since 2000. Prior to Kearns Construction Company, John worked for Impregilo (Europe's 3nd largest contractor) for ten years. In Italy, John was the Contract Manager on a $900,000,000 U.S. Navy project. In Miami, Mr. Kearns was the Project Manager for the People Mover (Brickell Extension) and Senior Project Engineer on the $100,000,000 Federal Prison. Mr. Kearns was also the project manager on a 6 story; $12,000,000 dollar Arquitoncia designed office building on Miami Beach (119 Washington Ave). John Kearns is also the qualified / license holder (State of Florida, General Contractor) for a $100,000,000 metro rail project. Mr. Kearns was technically responsible for the new concrete beams connecting Miami International Airport. He was also technically responsible for the $200,000,000 concrete beam project that connected Dolphin / Palmetto highways. The concrete beam work was for Rizzani De Eccher, USA. Mr. Kearns graduated from the University of Florida, School of Building Construction with honors. Mr. Kearns is also a state certified licensed general contractor. John Kearns is married with two children. 4101 BRAGANZA AVENUE • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com To bor Ceatairla /414'/44kicri. 'le_C12-••:4 C BuStier re Asmeiatert rt_mos _ Corn. Represereetoye* liaider's?Woe Nurnber 7<z, RENCL. 361 - t(c' c,) keferencr Orzer 17411urr Nivne r/1 7?)'V: /re' ftckszocc Cents& 7(1 Reference Pbone Number ..:4#0*C7,- 74.- - 7' Reference Inuit .7 02 "1-1."1"5 J T.Y.17 B nety describe the wort rerforrne0 fir the above Reference: To be committed Or the Retetotiv: The funcpa-tng queltfort,will t o f nrfcrexcr rhtn.e.37 as Az afIscrefrot bith Dep4mmetr, I,How well did the cobractor to the ted puro schedule C.--r=grati Above Sol::iratury Satzsfecror:--___ raw,. Poor Comments_ I icrai wor.kX you rate th 1 *,rt? :.xzeilern Above Sz.:sfactr:rj Szisfor) Fair Poor. Oa Am ) CwalteritS! •n- te- • 1.Haw would you rig the co...itrAz!ors use of • p,..Wtae ir ;Mime/.exoe-lence mei peofrssiortatiwn: 17.1,orklon ...Y. A hove • 4 flow wouid)ou Tale die crrtree:of s use(11 ri;;;IJI.T4Lge.eq pta..cfl amsi nanodr.' oelient X Azc Sr Sati4ltetorFá Pace feronterm te_a ir% SODRINC: EXCgliels 4 pcirr., To Scare 4:" ri Above SetiVactor r 3 7.4):117,. Satisfacnr. Oros Fair 1 paint Pout • 0 paiett A..,.et.ler(Total Scored() /A.A./3 3 . • --,1•-• ' • , 2 Releasee*satire: ."'jke., Dor ) EVALUATION or PAtit PIXPORPitANCL ENCLOSE TIII1FX(3)liETERENCFS WITH THE BED Maass type or aleorty pug below) DEP Bid No.ESDC49-16i I 7,P .; ro 0 Iv a is III s AS 1 q Al hk. �"-04Y y .. n es 1 ,,,,,,,,,,,,,,,,,,,."4,,,. „, . -. k 111 ii % m, ,., ,.--- ' ,: !' I(y 5. �e My..,',,,,,,,,,,,?.k.:,, „..,.. .,.... . a , ... , Aki ,_ 11:11, „ ' • / . . 'i� ,sem rr , `.T u • 6...: 4, ,jt.7,42:11i „.. WW,,,,:,.,74'",.., ' C .0 \ 1.' ,,;,44..' - - At . m : . _ nkvR, .+' _... 1. • ow ,. ,5iiiai'sii-.- - '''''''''.....,,,,,, ,,,„,..., 111, 1: . „...1 . ''-w---- -4:cs' - ir- '''''------ s: . 1,... - 1.111-ft; ....' . .., .,.,. k„....c...„... ,, ....40...,04 ,1,11,,. , , . . , . ,a 0414411104) Ivii,.... , 1.-,, ....41,0iiroi ,.,. , I ' ii.... 7 j'' 4"'..-- , , . i. ,.., -'1..„.'"illr,'4 111r7,;*11:..?irot,''v #.. , ,.,-,,....,, : /P-1. /i ' i: - , 'le- a, , ' —7, ..1.74, -..„'...41,-4,ir$....., ....,,.......... --: 4, , , . , ,, . ... , . ..,,,,. , „or I - /Li , i ' i r5 _t 1 ,5, :4.,1 "55 I \ ' ,, , 4,......, i, „/......i.: ,, ',,,1:.'._.,_ ,, ,,, ' . — ...',,,,,II., i4,444.,,st.: taxtor, , / 4 41 4 ' ' ' '' . '4„ `441 ,444- ',-.,...43:33.'' .. „, it } . , yyy ti . .. . . . 4 ' 114 7.1,74. r. ID p II lkitiirt -,,:-...r. .IPP- 44114 4fr.. y , a # 1.4 WO t, i.. , a wialkirr44,)yi:O,H, .7,,,,,ft,,,,7„,„. .04111"..4.*-----11:a1.4.7,4111411111.Th- 14'.*: , A. 11 -,0P- k. i II i �a�► ` s.1 1. .r q' t:. 44iir 11•44 or a, 0 ,,,,,z ‘ • ° I7CIt ' 1., ' . f .,..„, 4,I,.,, ' .4.1°As " '4: . .,„. wir Is , .., i lii:4, ,..0 . . .'3(.. 1 , , r fillkil, . . ' 46i. )111 irr y, , - -„.4...4.-, ..:, .,...t1 , . 1 ' ''' \ • '"\ !!," . ..., ..., v. , , it i ,,, ki,t4t, . -,,,, / r • k i . . °° ' #° , i , il° — \ Ai% , . \ I • , ,,, ,..„ ill H.°1 ,.... , ' (.2/ ,t- • i 's ,,,"1 , l't.. .„, , . ,/ , , i-,,,, .1 , - v 1 \ \ ...... . -.„,.. ,,,, ,\ , ' . • o' 4.;...t ! • ,IL-4-...,..- -, 1403.1). ' '' IL . - . , .. _ ,,,•:: t71.: vitt;i74. --.,,r,„..ii ,..,,,i . s ' ttl, trn ' / ilw r .. 41 --*/ t.-41.-oWin a1.3,17,1_, , 'WI :% 7:.1, ' '',1' i,."47 li' .7 - P . .. . , -..4 ., :v. ,',.'" •"*- 'IV/ 4 JlJ1 ,. . „.,...... , . 1 s alii /IV 4, r, .. , ,,,.,,, 4 • -..": 7' i , * 11') 41 ‘.1. /4 .,, ,, , 4.1, , ... ,,ii4,4/i tory,„.46‘ . , . 1,- I .7'/y iir,7, i , , i ' •4 , ',..,..,,'.:.,,,i4..4,a - 4 7...est :-- L , '4 `,,.;• Art ra al '.--'177 ',,,- m - ,11''' 1 — 1.07-/.;P:f air t .,,, 0- 't , k,"-iiiiii' .• to' ',..;z"-Ct,F .. , '''.41 • •• i ,.,1 li...., .ir ii-A0,66. ..1,. . ,,,,,,,,,,,,',„,,, , w I'401111 al 1, TIA11 . I 17 "/ ItliVil •, , ,,,,,, ! Min ON Asa... . IS j7 II• ,,,,, ,.i tlicillir\ 7 2 a ow _2St NW sir: „ ,. ,, 11 10 ' ;••"..,,„',,/., ,.. _ ..-g .1 g fiv-t.' ,.-L-'" . ,. -ilk.---,...- --4 '' , VW' \ , ....., , t, 1 ...-- , ,,•,,, ,. I , . . ' --;71...__4. ,....,-It -• " ' S',....H.*._. ..„,'L .- _ .. r '.:.-.^,re, ---_-,1 , .,r ___ i .,-,.„ r :.'1.4„,, -,7"•"7"..,,,,.,,:' , - , . _ , '1/4 triv.,,lif,'"-•' .. '-•1/4,"',-....„1".• \ ,111" ''"'' ' '',' t .-4111"A..11, ii--•-*****-' ""''''_ -- - '" - ;" / -- 4, ..,,,...--....... gm", - : •A,,,,,,c,kt,,,,,itsf,,",1,,,a_* ',....1, _ . ' f . PI .' • , ,,"' " . 1/4 'If * . 4 ,904*• ; *4 ;!pq r fq,,, ,„ , vt.,„,„,.,„.. . . ' , ,,,, .... ..04,, ,,,,,,,;,,,,,,..„,,„1,,,,:„:„.0,,,,:. .,...., :`, 1 , .. , ‘1! A 4 i :,.,relf,:41-' ,, . • MOW ,, „,„1,,., ' °4° \ -. , ,. • : a'••I" * * -'3'-..0.*.„ `,,'•iii:•''740;.,4',, , 1 erva \ \ .1 t *,4. , r .01 N ,Itv.• •'.. it‘' ' 4.'4' 1'1' "16!' '7, ,4:1 . ° ‘17,, riri,,t;4';',t,'k: 1 Yitgr,' iit''' 1' • k 7.. ' '. ' ' ,4,,,•.,.-„:::4,Pkv,4,;.•froi,,,,y,,,,,,,,,,, . , -.I . ; r '''' '. ."'A''*''•.) .,•' • ' 1,4, • ' 1 IIII • • • a.., , . . ., lw , , , N ! $ i 1 !..., ,...4 , * : ''''''''\''''A • • r II i w , . . .... ii• li; 1 , , i, .i , . , , . * # � fir:. w. d wx'. � acs kt ' � r. :),l, s f w � ,4. s ' ?, 1 % Y - �4 1 i "fit.. .�� :11,0 ,' -t" ' ¢ ; 4-. 4 .. .. -ipi.:- ; +w,, 111`.4; kat 1 ir'. #' ' -4" . + II i xsr � , r I 'IL• . . -„,„., lusol 0, �x ''' ,a• ,a ,. , . , . ., .'....1 .4 , a a "> y 40 a � 5 40 gE „i i I 11; - '''' oil , _.,,, ,, .. t ,.. _. ... ,,,,, t .i',,-,-- .. .,. ,„.......,,,, . 4 j ...., .. .:.,,,,,.,,,.. ... —...: , w' ' -,. Alli iT r r��c , t sur , tt .. .� I *1 1 �r J. .41 1j ,, r , f, 1ai} - . t :S.,,,,-,-;%, . — 1 , d 4 IRO .. �► , ~ t , rii-tic-' ',..,'.i'N.:::, . .,N.,, „oil - .,,!' t 6 ffi +"fix .r :.! , f,' i 1 :4.,.-.-t t ', ', ;' , • . a .,'°i./ ,- 44 tt.11 ' ''''' M," t °'', ' ,s t •�_'C It __ I ii • a �', 14 r1 �1 ' t TA , • ,, , . ., ,, , , . ` - 4 ; s.,01 ,,, �,,, 1 tit ,Ti '� s! !.I sr yr , . 4 fo'er', .. " 1 ,r • �:,• . S to i• Y o f i �hg F s ..''.,'‘.t.,' 1 til n y . .4..minernirk......_ \ , t' + , rpp�C�-- ''''**%.*'%*‘*"'"%04.„,,%.%:"'4***4%4'.**„, . ' *---!111. ii.i. . 110 - • '' '`rte,-,1n4a ., I ,°' I. - ; r g 1 111F4:- ' .., r, i„ 'fir{''+` ; * A� � -. 1411 s r°°� • t ' 11 AD rt• 11.h: , • • r � - .. a { . ": ,V w , ,, , , t x . . ; , , v d, if.,-4 i,„, . ilik ,. ' , 4,1 ti r j i . i o ky i iiiii M Ili ' � �.Yw M 1 $k 3 . t li fit` -y ' , i . 1 fi ., :,fit 1 41111111011111111110111.1111 . , ' - 01'iiihil 140 • VIIW' 414 111 .ifdloot, moo ' 11111110.011111111.0e .,. . 1, IIIIII 131111'4 b I 11‘ 11.4 111 • "RIK 1 !it .„, 00.-111 / Ili 0 4: .. ...1.' , w41. • -7P 46, II II6 „ ,,,,,,, ... . .... .,....„ ...,,. ... . „.„.... .,,,,. .. ._,. . , '''' 411 I . VP . 14 0 0 =; It, 4 t ' t lila 1, ,,,i.,, ,,...1$ 1111,1111111111111L ; \ .,1 _ • it . _.. , I o . ., ' .s. i 4 . ... 1.0 ti- 7411 \ ',' 1 • t M ::], ip.. .., (,. . iiil. .... ,... '• jp‘ ,. .-..... .......,--_ . 0 4,, -- — :,,- •,,,„ . --. .,,,ii ,, ••7. • Iiii=, ,_ l•-7,...... _ m....... , .-- - ., ,,.... ' '..^. - ....,, , ...„!,,,, ',44.....„.. ,,..., ',.* ,.. ..s...4..... .4!' , - . 4 , ..• ... / 4". ..., le , ....,.,........, 4 4.O4. ,...., C ......-......; ,..... • 1 ... , . ... . ,... miiiiiiiLiumminumilimemm, 4 14 • ' 4.4 /44444,, , • 44^ ,'**$ v.;A • .15 t 4.„ 177 4:•••• . a • , • : . • , ' 4 . i , . Hm . , .1 414 t4t - , fitt.3';',;111 '• 2,4;4 '*it'tikt' . 447 44r 414 . „lot 1 '-'1"-''''.1'. i e x 2 IllialrrIIIIIIIItwmuummmr ''''' ,..,....,,, ,...7 -------, ----....L, si,...,...; , SRF A. �.MUM* ,. I.7 '''''"',..,111111:::.,,,,.....„ ! i. ""•IN r Rti ialt 114 `' "` ` 4.....„,,,,.„,„,i, , * ' ' cy�<. sena.•; f. I..,. y`• ''.i.,......„......--'":.. v ,,,,, ._� meq.: . �"'ki." 3 ♦ 5 p LL t" .. y�p} W W y S r, r U!! !# II a E t I 1 ---- 1 i t le. 3 " E 1 1 i I: i" voclvi .,,,,' ,, 4,, ., e 4, e € 1 { _ _ - - -- w:t; _" l _, _$ , ; C �� ' , , . ,,,,,, si r�r 4w -, • Vii . "'• $ y F4 rust ! , , t" , ,, �,` ' rf ,,,, , , ,, ,',,:,,,.,.,':',,,,,,,4",1,,,,:::',, ...„ , a < ' ,,,„,„,„ irtt A v� .,rFAIN....:44111Plir '� I .+. II iitialrAir fw �1 t _ 1.... v ior yill . t,,,,..., 111 i 1 -, A irIA' :-? - - - 1' 4 1 - 7 y ' y ,., . ...... . A, . illiiiffA 4 w ,• , . i et..7,j - w„ ,, IL it ,„ .4., , ..._ 0- _ j 44' -.:''''. -- S Ifni fiiii a , , ,, i !,, . li _ _ r _ = . ..r, „,f ,:. i . lot 't- ., , , , „;- ,,,,,.':,,, „. , •,.,. .,.,, ,030 '.::-.''S.::....--.' — • 't' 411.:'....... ''' i ....:!'"-.4.;, '' I _ d' 1' I I '' 1,f. 7-,---- / ilsii:4111;-;, • 1 '.1i...,.., •'':,';".;..' ' ',4:,°.',..!:'11.,t;,''',.:',..!"'"i',,;,' ' pr-- „,,, i ----- . . - ._.------ ' 14.- .*;ir- ' *-4,-.. ,..,-, ,-*•., "/„'t th. ;.,,t ) , , ,,,., ,,,,z7:„......,..,....,0„.:::,, -- , -e. ..'-,tt4:--',.it;:- ........--" 4 ,., ';',!' '..; . , .,, , . ,,, 1,ef,'",8;a ,, , 000 1 , ''t :J :::: i il 11,44, ''',°,;., ;'". '7 . ,..<1,...0' - ,,1.f;;i!;1,1:i. 'i.1 :..,' ,,^ ' — '" ',,:r., -; -. Ft , t;,, - , /..',,r• — - „ 1 -1,, r,. •„ ......,".................--- —..........."-- - -117-I 1: , islak• .,.,,. ,,,,,:, ..,•,,,,, -,,, ; ---• - ,...‘,,. -',..--,,:z. _ , . , . . .. 4-...... ' . - -- -- - 114;.,.• 1 . .. )-414,1e..:,,,,leti•- , ,... . . ,..... ,,,,,,,.., ., . . - .., ...., i, ---- --- r4 , - I , _ 4 AA : .• ' :• ,. ''''',..4 410•11V:Z•1174Zrilltin.14.1141444114.41.ft lit war,a . ., ,.., ,, -— . - r , ,... to** .— ''''• . 1 ' . r _ .,.....,.. , ,, ' dila 2001.4Q40•4% .. . - §- -, , ‘,...,.. )IIIIk\ k I . 11111111 i• 4/ it- ' ... ., Alk, . , $ , ...r. t. -.'- ‘7' „e V'10r.°414..4.• ; ,4' ........ i- , . k , . *'4.,"..”' , 1,,' 1 - ,,. ...' I . , ,.. . , , k . - . ,---- t-•, t. , .....0c, ..1111. •• ,1/4:". 744--- •-" . 414 • .,..,,.. .......,.......... -ti, y , .... , -„ tf -• , • 9 , P , ;4') 4,1 * ..' . , - ,.. 1 ..., ' t"t,t,„."-'..r,..., ' . , .:_,,;."-'„..„,-y. ,,,,•-•-:" ••'-. --- ."‘"' ' '. '' '''' .. Ifs 41111:1 4 ' ' 1 ''.., _____ • 4.3.•,'. '',-.-.- .,.. . • YIP t` 11-4°r 41111111,1'.; , I ...; fir it 1 ? r-'''I 1 r 4 0 ' . , * i; 1 ' i -- ,,_...... i . ; ' I '1 C, , It t '" ' 1 i tr- it I. f " b441414s74 t ,`.. 1 M I AM I P)EA(2 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, Ill, 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 Revisioh 2), included herein as Exhibit A. Failure to submit the attached Revised Bid Tender Form shall render proposal non-responsive, and said non-res•onsive proposal shall not be considered b the Cit . 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(7a miamibeachfl.gov Contact: ' Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidson(c�miamibeachfl.gov_, Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders ' that have elected not to submit a_ response to_ the ITB are requested to complete and return the "Notice to Pr pective Bidders*questionnaire with the reason(s)for not submitting a proposal. i cil,y,> I Denis. r curernent Di ctor l 9T:—.2' 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- responsive, and said non-res•onsive pro•osal shall not be considered b the City. ITB 2017-215-ZD 1‘7": Addendum#2 4/28/2017 Page 2 of 4 C 1�h^1 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 ((ta,,trl_x_alil cos! 1 Sheet Pile Type ll AZ 14-700 for Seawalls<30'Deep 12000 -_ SF $ ` $(. _•.L�� 2 Sheet Pile Type III AZ 26-700 for Seawalls 30'-60'Deep 18000 SF $ .1 i1 17_6 3 Sheet Pile Type IV AZ 50-700 for Seawalls>60'Deep 24000 SF St."—C7 ( $ C.. 2`' 4. 4 12"x 12"Batter Piles-9'Centers<30'Deep 1350 LF 063 $ CA„ /� - 5 14"x 14"Batter Piles-9'Centers 30'-60'Deep 2025 LF $&4I $ tc ' 6 18"x 18"Batter Piles-9'Centers>60'Deep 2700 , LF Ii $ 12-31C3 �+ �—r 7 Sheet Pile Cap for Seawalls<30'Deep 400 LF $24-1 $ ,. g Sheet Pile Cap for Seawalls 30'-60'Deep _ 400 LF $iy� /^ $ I.fit cJ 7 87 9 Sheet Pile Cap for Seawalls>60'Deep 400 LF $'-�/ Z�C/$ 177 10 Seat Wall 400 LF $ • 2.5$ .12 c5i S 11 Pin Piles for Seawall 84 EA $ "` $ 75, LfQ4' 12 Excavation 100 CY $ / $ X44, 1 00 13 Embankment 100 CY $ d $ (Ci, W 14 Oolite Boulders 100 TON $ /OS__$ /0, C1 TO 15 Riprap-Rubble,Coastal Shore-Large Boulders 1000 TON $ � � $ /20, 16 Fill material-FDOT#57 Stones 50 TON $ 2.62 $ 2i 17 Sod 100 SY $ 7. $ 18 Allowance for Trench Safety Act(per project as applicable)* 10 EA $ 25.00 $ 250.00 TOTAL . BID $ dio *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 C1 Bidder'E Affirmati:,n company: i r7 !� err 2 ( c 'l , Authorized Ropresen alive: 4 o Address: “ t A 14 4e�.. ,ft- 3-3 Telephone: ''E cc, t f mail4 e! ,..:.. C� $ �F•[-i Authorized Repr e's Signature: Balance of Paste Intentionally Left Blank ITB 2017-215-ZD Addendum#2 4/28/2017 Page 4 of 4 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 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. 25 I ITB 2017-215-ZD