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Contract with AUM Construction Inc.MIAMIBEACH Ca a CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal corporation of the State of Florida ("City"), having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and AUM CONSTRUCTION INC., a Florida corporation, having its principal place of business at 8950 NW 119 Street, Hialeah Gardens, FL. 33018 ("Contractor"). WI TN ESS ET H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the Work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1` 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 and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. 2.1.1. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project. Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.2. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule, and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the Work. The Contractor shall submit all necessary documents required by this provision within forty-five (45) calendar days of the issuance of the first Notice to Proceed. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 1 MIAMI BEACH 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within two hundred forty (240) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within sixty (60) calendar days from the date certified by Consultant as the date of Substantial Completion. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand five hundred eight four dollars ($1,584.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand five hundred eighty four dollars ($1,584.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above -stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM (] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 2 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 The Contract Price is $578,111.11, consisting of a base bid in the amount of $578,111.11, and a separate line item in the amount of $52,555.56 for the Owner's Contingency (to be used solely by the City at its sole discretion for the purposes described in the Contract Documents). The Contract Price, exclusive of the Owner's Contingency, shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and profit, associated with completion of all the Work accordance with the requirements of the Contract Documents, including all Work 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. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall not be limited to, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents, a release of liens and consent of surety relative to the work which is the subject of the Application for Payment. Following submission of an acceptable updated progress schedule and the other documents required herein a log with the Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 4.2 The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in this Agreement. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 3 MIAMI BEACH Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub -Section 43. Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator, after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document, separate from monthly applications for payment. All requests for release of retainage shall be made in accordance with, and shall be subject to, the requirements of Section 255.078 of the Florida Statutes, as may be amended. Except as provided by law, the City shall have no obligation to release or disburse retainage until Substantial Completion of the Project. Upon receipt by the Contractor of a Certificate of Substantial Completion pursuant to ITB Section 0500, Sub - Section 43, fully executed by the City establishing the Date of Substantial Completion, and after completion of all items on the punch list and/or other incomplete work, the Contractor may submit a payment request for all remaining retainage. It shall be the City's sole determination as to whether any of the items have been completed. For items deemed not to have been completed, the City may withhold retainage up to one and one-half times the total cost to complete such items. Any interest earned on retainage shall accrue to the benefit of City. City shall disburse the amounts withheld upon the City's acceptance of the completion of the items for which they were withheld. 4.2 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 City. When the above grounds are removed or resolved satisfactory to the City, 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 4 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 (ITB Attachment D-6) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract; a consent of the surety to final payment; the final corrected as -built drawings; 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 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 (including all exhibits and attachments hereto) is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent provision elsewhere in the Contract Documents or under any 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, BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 5 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 287017, 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: City of Miami Beach Transportation Department 688 Meridian Avenue, 8th Floor Miami Beach, Florida 33139 Attn: Josiel Ferrer, Transportation Manager With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 6 For Contractor: AUM Construction Inc. 8950 NW 119 Street Hialeah, FL. 33018 Humberto Ortiz 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 7 MIAMI BEACH 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 Public Records City of Miami Beach is a public agency subject to Chapter 119, Florida Statutes. As required by Chapter 119, Florida Statues, the Contractor and all sub -contractors for services shall comply with Florida's Public Records Law. Specifically, the contractor and sub contracts shall: 6.13.1 Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service; 6.13.2 Provide the public with access to such public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; 6.13.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 6.13.4 Meet all requirements for retaining public records and transfer to the County, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the agency. 6.13.5 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Contract and the county shall enforce the Default in accordance with the provisions set forth in the General Terms and Conditions, Article 12. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 8 MIAMI BEACH 7. Compliance with FHWA 1273 Contractors and subcontractors shall be at all times, in compliance with the requirements of FHWA-1273, attached hereto as Exhibit A. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 9 MIAMI BEACH IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates written below: ATTEST: CITY ATTEST: (Corporate Seal) By (AUM Construction Inc.) (Signature and Title) 27 Z (Print name/Title Signed Above) at_ day of 6)64er , 20 /9 . BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 10 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 0- 4-7 City Attorney KNe Date MIAMI BEACH ATTACHMENTS Exhibit A Attachment A Attachment B Attachment C Attachment D FHWA Form # 1273 Resolution Commission Items and Commission Memorandum Solicitation and Addendums Consultants Response Insurance Requirements Appendix A: Required Forms Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment A-1: ITB Price Form & Unit Price Breakdown Form A-2: Bid Tender Form A-3: Supplement To Bid Tender Form: Contractor Qualification Statement A-4: Supplement To Bid Tender Form: Non -Collusion Certificate A-5: Supplement To Bid Tender Form: Drug Free Workplace Certification A-6: Supplement To Bid Tender Form: Equal Benefits Ordinance A-7: Supplement To Bid Tender Form: Trench Safety Act A-8: Supplement To Bid Tender Form: Recycled Content Information A-9: Supplement To Bid Tender Form: Sub -Contractors A-10: Supplement To Bid Tender Form: Davis Bacon Act A-11: Supplement to Bid Tender Form: Bid Certification, Questionnaire & Requirements Affidavit Appendix A: FDOT Required Forms Attachment A-12: FDOT Attachment A-13: FDOT Attachment A-14: FDOT Attachment A-15: FDOT Attachment A-16: FDOT Attachment A-17: FDOT Attachment A-18: FDOT Form # 525-010-46 Form # 375-030-33 Form # 375-030-40 Form # 575-060-13 Form # 375-030-32 Form # 375-030-34 Form # 375-030-91 Appendix F: FDOT Supplemental Conditions BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 11 MIAMI BEACH Exhibit A FHWA Form # 1273 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 12 II. III, IV. V. VI. VII. VIII. IX. X. XI. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General Nondiscrimination Nonsegregated Facilities Davis -Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Compliance with Governmentwide Suspension and Debarment Requirements Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must Insert this form In each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are Incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a oonstruclion contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 1 FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27, and 23 CFR Parts 200, 230, and 633 The following provision Is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the. U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1025-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 13 this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are Treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do SO. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially Involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering at major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged In direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to Implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. BID NO: 2017 -106 -ZD 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: 'An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area tom which the project work force would normally be derived. a The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees, 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions ofevery type, Including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review Indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons d The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall Include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women Who are CITY OF MIAMI BEACH 14 MIAMI BEACH applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification Involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c, The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and wit encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, lIie contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable tow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, ill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualiiable minorities and women. The failure of e union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor tom the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar BID NO: 2017 -106 -ZD with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers musl provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9, Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure su bcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex In the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by'the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed to each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women, and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 3 CITY OF MIAMI BEACH 15 MIAMI BEACH will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services al any location, under the contractor's control, where the facilities are segregated The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U S. Department of Labor regulations in 29 CFR 0.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA 1273 format and FHWA program requirements 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(bX2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions 4 of paragraph 1.d of this section, also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work Is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all limes by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, Including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (Iii) The proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 16 will notify the contracting officer within the 30 -day period that additional time Is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work In the classification under this contract from the first day on which work Is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefitwhiCh is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside In a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld tom the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prin-le contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and Helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, alter written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (Including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - 5 Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rales prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that Tull social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. the last four digits of the employee's social security number). The required weekly payroll information may be submitted In any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forma/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. Itis not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (r) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly tom the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified In the applicable wage determination incorporated into the contract. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 17 MIAMI BEACH (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section, (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for Inspection, copying, or transcription by authorized rept esen tatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a poison is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered In the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, Shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program Is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly 6 rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of tate apprenticeship program. If the apprenticeshlp program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the Work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program Which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the tr'ainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of hinge benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full hinge benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and paiticipating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing Work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval ofa training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rale for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, halnees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 18 MIAMI BEACH d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO In connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts: The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower her subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7, Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12 B. Compliance with Davis -Bacon and Related Act requirements. All rulings and Interpretations of the Davis - Bacon and Related Acts contained In 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures of the Department of Labor set forth In 29 CFR parts 5, 6, and 7, Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. 13y entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm Ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award ofa Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 OFR 5,12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S C. 1001. 7 V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include Watchmen and guards 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for at hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth In paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the ContractWark Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1,) Through (4.) of this section. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 19 MIAMI BEACH VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage If specified elsewhere in the contract) of the total original contract price, excluding any specialty Items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty Items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 605.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude Individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and In general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is 6 evidenced in writing and That it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1)is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T his pr o v i si on is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contact, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safely and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Homs and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T his p r o V i s i on is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their ha -lotions as careklly, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-ald highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 20 MIAMI BEACH "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or Imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized In the performance of this contract Is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be Included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1, Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first her participant is providing the certification set out below. b: The inability of a person to provide the certification set out below will not necessarily result In denial of participation in this 9 covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. Int is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first her participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions;" provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of e prospective participant In a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (Jittps:llwww.enls.gov/) which is compiled by the General Services Administration. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 21 I. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by This clause. The knowledge and Information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded tom participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and Its principals' (1) Are not presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier Is providing the certification set out below, b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered Into. If itis later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which BID NO: 2017 -106 -ZD this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e, The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded tom participation In this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it Will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower Ger covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (jrttps:!/www:epls,govl) which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph e of these Instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 CITY OF MIAMI BEACH 22 MIAMI BEACH department or agency MI) which this transaction originated may pursue available remedies, Including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency 2. Where the prospective lower tier participant is unable to certify to any of he statements in this certification, such prospective participant shall attach an explanation to this proposal. Xl. CER11FICA710N REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20), 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Farm to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penally of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. BID NO: 2017 -106 -ZD 11 CITY OF MIAMI BEACH MIAMI BEACH 23 ATTACHMENT A- EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1066. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place ajob order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original joborder is substantially modified, the participant shall promptly nolity the State Employment Service 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service The contractor Is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing ofajob order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the ceriifioate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. BID NO: 2017 -106 -ZD 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 12 CITY OF MIAMI BEACH 24 MIAMI BEACH APPENDIX F FDOT Supplemental Conditions F-1: FDOT Standard Specifications for Road and Bridge Construction F®2: Contractor Purchased Equipment for State or Local Ownership F-3: Prequalification FF=4: Public Agencies in Competition with the Private Sector F�5: Publicly -Owned Equipment FF®6: Salvage Credits FF=7: Standardized Changed Conditions Contract Clauses FF8: Davis -Bacon Wage Table(s) F-9: Patented/Proprietary Materials F-10: State (Florida or other)- produced Materials F-11: State/Local/Owned/ Furnished/ Designated Materials F-12: Equipment Rental Rates BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 24 MIAMI BEACH MIAMIBEACH F-1: FDOT Standard Specifications for Road and Bridge Construction 6-5 Products and Source of Supply. 6-5.1 Source of Supply—Convict Labor (Federal -Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal -aid highway construction projects to: 1. Materials produced by convicts on parole, supervised release, or probation from a prison or, 2. Materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 -month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. 6-5.2 Source of Supply -Steel: Use steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States for any manufacturing process, it becomes foreign source material. When using steel or iron materials as a component of any manufactured product (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply. Foreign steel and iron may be used when the total actual cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all Steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Submit a certification from the manufacturer of steel or iron, or any product containing steel or iron, stating that all steel or iron furnished or incorporated into the furnished product was produced and manufactured in the United States or a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual cost). Submit each such certification to the Engineer prior to incorporating the material or product into the project. Prior to the use of foreign steel or iron materials on a project, submit invoices to document the actual cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the. project From Section 7 (FHWA 1273, Wage Rates, E -Verify, Title VI, DBE, and On -The -Job Training): The FHWA-1273 Electronic version, dated May 1, 2012 is posted on the Department's website at the following URL address http://www.dot.state.fl.us/programmanagement/Implemented/URLinSpecs/Files/FHWA1273.pdf . Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with the provisions contained in FHWA-1273. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 25 MIAMI BEACH If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at (850) 414-4101. 7-16 Wage Rates for Federal -Aid Projects. For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in table below, as modified up through ten days prior to the opening of bids. (For complete table(s) refer to F-8: Davis -Bacon Wage Table(s)). Wage RateAssociated Decision Number Work FL172 1 01/06/1/06/ 2017 FL221_ _Highway Florida. County: Miami -Dade County in Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. Contact the Department's Prevailing Wage Rate Coordinator at (850) 414-4688 if the Department's website cannot be accessed or there are questions. 7-24 Disadvantaged Business Enterprise Program. 7-24.1 Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. 7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate." 7-24.3 Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: 1. A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 26 various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor's organization. 2. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to-day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. 3. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: a. Soliciting price quotations and arranging a time for the review of Plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations.. b. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. c. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. d. Encouraging eligible DBEs to apply for certification with the Department. e. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. 7-24.4 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. DBE Commitments - at or before the Pre -Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 1. the procedures adopted to comply with these Specifications; 2. the number of subordinated Contracts on Department projects awarded to DBEs; 3. the dollar value of the Contracts awarded to DBEs; 4. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 27 MIAMI BEACH 7-24.5 Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in .a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department -assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. 3. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. 4. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. 5. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. 6. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. 8. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 28 MIAMI BEACH DBE credit claimed for its performance of the work, and other relevant factors. 9. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. 10. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. 7-24.6 Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. 7-25 On -The -Job Training Requirements. As part of the Contractor's equal employment opportunity affirmative action program, t raining shall be provided as follows: The Contractor shall provide On -The -Job Training aimed at developing full journeymen in the type of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section. Ensure that, when feasible, 25% of trainees in each occupation are in their first year of training. The Contractor shall incorporate the requirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at a Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria: 1. Determine the number of trainees on Federal Aid Contract: a. No trainees will be required for contracts with a Contract Time allowance of less than 275 calendar days. b. If the Contract Time allowance is 275 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required $2,000,000 or less 0 Over $2,000,000 to $4,000,000 2 Over $4,000,000 to $6,000,000 3 Over $6,000,000 to $12,000,000 5 Over $12,000,000 to $18,000,000 7 Over $18,000,000 to $24,000,000 9 Over $24,000,000 to $31,000,000 12 Over $31,000,000 to $37,000,000 13 Over $37,000,000 to $43,000,000 14 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 29 MIAMI BEACH Estimated Contract Amount Trainees Required Over $43,000,000 to $49,000,000 15 Over $49,000,000 to $55,000,000 16 Over $55,000,000 to $62,000,000 17 Over $62,000,000 to $68,000,000 18 Over $68,000,000 to $74,000,000 19 Over $74,000,000 to $81,000,000 20 Over $81,000,000 to $87,000,000 21 • Over $87,000,000 to $93,000,000 22 Over $93,000,000 to $99,000,000 23 Over $99,000,000 to $105,000,000 24 Over $105,000,000 to $112,000,000 25 Over $112,000,000 to $118,000,000 26 Over $118,000,000 to $124,000,000 27 Over $124,000,000 to $130,000,000 28 Over $130,000,000 to * *One additional trainee per $6,000,000 of estimated Construction Contract amount over $130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the Construction Project Engineer and the Department's District Contract Compliance Manager will attend this meeting. Within ten days after the Post-Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On -The -Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the Contract Time during which training of each trainee is to take place. This schedule may be subject to change if any of the following occur: 1. When a start date on the approved On -The -Job Training Schedule has been missed by 14 or more days; 2. When there is a change in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary termination The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1. Credit will be allowed for each trainee that is both enrolled and satisfactorily completes .training on this Contract. Credit for trainees, over the established number for this Contract, will be carried in a "bank" for the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A "banked" trainee is described as an employee who has been trained on a project, over and above the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 30 established goal, and for which the Contractor desires to preserve credit for utilization on a subsequent project. 2. Credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification and completes their training on a different contract. 3. Credit will be allowed for each trainee who, due to the amount of work available in their classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Credit will be allowed for any training position indicated in the approved On -The -Job Training Schedule, if the Contractor can demonstrate that made a good faith effort to provide training in that classification was made. 5. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman status is a primary objective of this Section. Accordingly, the Contractor shall make every effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent such persons are available within a reasonable area of recruitment. If a non -minority male is enrolled into the On -The -Job Training Program, the On -The -Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or a justification for such action acceptable to the Department's District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for demonstrating the steps that it has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Section. This training is not intended, and shall not be used, to discriminate against any applicant for training, whether a minority, woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which they have successfully completed a training course leading to journeyman status, or have been employed as a journeyman. The Contractor may satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established at the Post-Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of a Proficiency Demonstration set up at the completion of training and established for the specific training classification, completion of the minimum hours in a training classification range, and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance Office: 1. Trainee Enrollment and Personnel Action Form 2. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 31 The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee for journeyman status in the classifications concerned, by at least, the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract. Approval or acceptance of a training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On -The -Job Training Program is available to a Contractor which has been awarded a state funded project. Through this program, the Contractor will have the option to train employees on state funded projects for "banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects; voluntary banking may be denied by the Department if staff is not available to monitor compliance with the training criteria. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk -typists or secretarial type positions. Training is permissible in lower level management positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classifications, except Common/General Laborer, may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the Contractor may receive training program funds from other sources, provided such other source do not specifically prohibit the Contractor from receiving other form of compensation. Offsite training is permissible as long as the training is an integral part of an approved training program and does not compromise a. significant part of the overall training. Credit for offsite training indicated above may only be made to the Contractor when it does one or more of the following and the trainees are concurrently employed on a Federal Aid Project: 1. Contributes to the cost of the training, 2. Provides the instruction to the trainee, 3. Pays the trainee's wages during the offsite training period. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. The compensation rate will be increased to the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 32 journeyman's wage upon graduation from the training program for the remainder of the time the trainee works in the classification in which they were trained. The Contractor shall furnish the trainee a copy of the program they will follow in providing the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District Contract Compliance Manager a copy of an On -The -Job Training Notification of Personnel Action form no later than seven days after the effective date of the action when the following actions occur: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall indicate the phases and sub -phases of the number of hours devoted to each proficiency. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, and Timekeeper classifications will not be approved for the On -The -Job Training Program. The number of trainees may be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been provided to the trainee as specified above. 7-28 E -Verify. The Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7-30 Title VI Assurance — DOT 1050.2A, Appendix A and Appendix E. 7-30.1 Appendix A: During the performance of this Contract, the Contractor, for itself,. its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the US Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 33 (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of sub -contractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for subcontractors, including procurements of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, or sex. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, order and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Florida Department of Transportation shall impose such Contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of the 7-30:1 through 7-30.6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to, any subcontract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Contractor becomes involved in, or is BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 34 threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7-30.2 Appendix E: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor" agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.0 § 324 et seq.), (prohibits discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color national origins or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 7-31 Cargo Preference Act — Use of United States -flag vessels. Pursuant to Title 46CFR Part 381, the Contractor agrees 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, `on -board' commercial ocean bill -of -lading in English for each shipment of BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 35 cargo described in paragraph 1 of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. F-2: Contractor Purchased Equipment for State or Local Ownership (23 CFR 140; 2 CFR 200.313) Contractor Purchased Equipment for State or Local Ownership will not be acceptable under this contract. Refer to 23 CFR 140; 2 CFR 200.313. F-3: Prequalification (23 CFR 635.110, FS 337.14, F.A.C. Chapter 14-22) Use FDOT prequalified contractors for projects on the NHS and SHS and Class C projects. FDOT prequalified contractor isnot required on NHS or SHS projects with a contract value under $250,000. Non SHS/NHS projects may use Local Agency prequalified contractors. Local Agency must use consistent qualifications and application of standards. F-4: Public Agencies in Competition with the Private Sector (23 CFR 635.112(e) ) The City of Miami Beach does not allow other Public Agencies to compete with or bid on construction projects against the private sector. F-5: Publicly -Owned Equipment (23 CFR 635.106) Publicly owned equipment shall not compete with privately owned equipment on this contract. Public owned equipment is defined as equipment previously purchased or otherwise acquired by the City of Miami Beach involved for use in its own operations. F-6: Salvage Credits (2 CFR 200.313) The City of Miami Beach cannot accept any credits for salvaged materials. The contractor is to take ownership and dispose of all materials that are not designated as the property of other parties, in both roadway and structures, found on the right-of-way, and all material in structures designated for removal. F-7: Standardized Changed Conditions Contract Clauses (23 C.F.R. § 635.109) (1) Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 36 (2) Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 37 F-8: Davis -Bacon Wage Table(s) General Decision Number: FL170221 01/06/2017 FL221 Superseded General Decision Number: FL20160221 State: Florida Construction, Type: Highway County: Miami -Dade County in Florida, HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (50) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was iS8ued) on or After January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The 80 minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the E0 is available at www.dol.gov/whd/govcontrects. Modification Number Publication Date 0 01/06/2017 * ELEC0349-002 02/29/2016 Rates ELECTRICIAN..,.... ... . .. 31.11 Fringes 11.25 SUPL2013-039 08/19/2013 Rates ?tinges CARPENTER ..... .... . . ....$ 17,84 0.00 CEMENT MASON/CONCRETE FINISHER, Includes Porta Work.....$ 15.49 0.00 FENCE ERECTOR .. ....... 12,82 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 15.07 0.00 HIGHWAY/PARKING LOT STRIPING: Painter ........ ....... ..„..$ 12.13 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) $ 11.16 0.00 INSTALLER - GUARDRAIL...—. ... $ 13.43 0.00 IRONWORKER, ORNAMENTAL $ 13.48 0.00 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 38 MIAMI BEACH IRONWORKER, 2ETN?0niN0 $ 18.43 0.00 IRONWORKER, STRUCTURAL. .... . .. ...$ 16.42 0.00 LABORER (Traffic Control Specialist incl. Placing Of cones/barricades/barrels - Setter, MoVer, Sweeper) ..,.,-,..$ 11.59 0.00 LABORER:- ASphalt, Includes Raker, Shoveler, Spreader and Distributor......., .. 12.31 0.00 LABORER; Common or General-....$ 10.69 0.00 LABORER: Flagger $ 12.53 0.00 LABORER: Grade Checker.,.... 12.41 0.00 LABORER: Landscape & Irrigation,. ... ................,.$ 9,02 0.00 LABORER: Mason Tender - Cement/Concrete...... ... ........$ 13.91 3.50 LABORER: Pipelayer. .. ... 15.02 0.00 OPERATOR: Backhoe/Excavator/Trackhoe,...... 16„24 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader. $ 12.88 0.00 OPERATOR: Boom $ 18.95 0.00 OPERATOR: Boring Machine..,$ 15.29 0.00 OPERATOR: Broom/Sweeper-.$ 13.01 0.00 OPERATOR: Bulldozer, . ... 18.77 0.00 OPERATOR: Concrete Finishing Machine. ...... ...,„........„$ 15.44 0.00 OPERATOR: Concrete Saw.-- $ 14.43 0.00 OPERATOR: Crane $ 22.46 0.00 OPERATOR: Curb Machine.......,„$ 20.74 0.00 OPERATOR: Distributor-----$ 13.29 0.00 OPERATOR: Drill...... .... $ 14.78 0.00 OPERATOR: Forklift $ 16.32 0.00 OPERATOR: Gradall ......... $ 14.71 0.00 OPERATOR: Grader/Blade.... $ 20.22 3.85 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 39 OPERATOR.: Loader $ 15.53 OPERATOR: Mechanic $ 18.03 OPERATOR: Milling Machine....,$ 14.67 OPERATOR: Oi1er,.,,.,... , $ 16.32 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).::.:.. $ 13.61 ,$ 17.23 0.00 0.00 0.00 0.00 0.00 OPERATOR: Piledriver......,.,. 0.00 OPERATOR: Post Driver (Guardrail/Fences),,,,,,,,,,,,,,,$ 14,45 0.00 OPERATOR: Roller $ 13.67 0,00' OPERATOR: Scraper.......,..... 12.01 0.00 OPERATOR: Screed $ 14,15 0,00 OPERATOR: Tractor,.. . $ 12.19 0.00 OPERATOR: Trencher.... $ 14.74 0.00 PAINTER: Spray $ 16.52 0,00 SIGN ERECTOR. ....... 12.96 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation.. TRUCK DRIVER: Truck.... .. TRUCK DRIVER: TRUCK DRIVER: TRUCK DRIVER: TRUCK DRIVER: TRUCK DRIVER: TRUCK DRIVER: Distributor ..$ 19.07 0.00 $ 14,96 .2.17 Dump Truck.....,$ 12.19 0.00 Flatbed Truck,$ 14,28 0.00 Lowboy Truck-, $ 15.07 0.00 Slurry Truck....,$ 11.96 0.00 Vactor Truck $ 14.21 0.00 Water Truck..,$ 13.17 1.60 WELDERS Receive rate prescribed for cref operation to which welding is incidental, performing Note: Executive Order (E0) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the SO, the contractor must provide BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 40 employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury OT othet health-related needs, including preventive care; to assist a family member. (or person who is. like family- to the employee) who is ill, injured, or has other health-related needs, including preventive Cate; or for treasons resulting ftoM, or to assist a family member- (or person Who is. like family to the employee) who is a victim of, domestic violence„ sexual asSault, or Stalking. Additional inforMatiOn on contractor requirements and worker protections under the -50 is available at www.dol.gov/whd/govcontract. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (II)). The body of each wage determination lista the 01a8sifidation and wage rates that have been found to be prevailing for the Cited type(8) of construction in the area obveted by the Wage determination. The classifications arelisted in alphabetical order of "identifiers" that indicate: whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate). or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classificatiOn abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union Which prevailed in the survey for this classification, which in this example Would be Plumbers. 0198 indicates the local union number or district cOuncil number where applicable, i.e., Plumbers Local 0198. The next number, 065 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.: Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and Don -union rates. Example: SULA2012-007 5/13/2014. SU indicates BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 41 the rates are survey rates basedon a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the Wage determination. 5/13/2014 iodinates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey i5 conducted, Union Average Rate Identifiers Classifications) listed under the UAVG identifier indicate that no single majority 'rate prevailed for those classifications however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated Once a year, usually in January of each year, to' reflect a weighted 'average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1,) Has there been an initial decision in the matter? This can be: ah existing published wage determination * a survey Underlying a wage determination * a Wage and Hour Division letter Setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters., initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program, If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed:. With regard to any other matter not yet ripe for the formal proeess described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 42 2.) If the answer to the question i 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to Frage and Hour Administrator U.S. Department of Labor 200 Constitution AYefue, N.W. Washington, DC 20210 The request should be accompaniedby a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc,) that the requestor considersrelevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative: Review Board (formerly the Wage Appeals Board)'. Write to: Administrative Review Board Department of Labor' 200 Constitution A\enue, N.W, Washington, DC 20210 4.) All decisions by the Administrative Review Board are final, END 0? GENERAL DNCI 0 ON' BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 43 F-9: Patented/Proprietary Materials (23 C.F.R. § 635.411) No patented processes or proprietary materials shall be used in this project. F-10: State (Florida or other)- produced Materials (23 C.F.R. § 635.409) Materials or articles produced by Florida state forces shall not be favored to the exclusion of comparable materials or articles produced outside of the state. F-11: State/Local/Owned/ Furnished/ Designated Materials (23 C.F.R. § 635.407) The City of Miami Beach shall not provide materials. All materials must be provided by the Contractor. F-12: Equipment Rental Rates (23 C.F.R. § 635.120) Rental equipment required to perform extra work as authorized by the Engineer, shall be paid for in accordance with the following: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by Machinery Information Division of PRIMEDIA Information, Inc. (version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: (1) Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%. (2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100%. (3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. (4) Standby Rate = Allowable Hourly Equipment Rate x 50%. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized on by Labor, as define above. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 44 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM MIAMIBEACH Procurement Department, 1755 Meridian Avenue, 3'd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490 COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 26, 2017 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2017 -106 -ZD FOR SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER, CONTINGENT UPON APPROVAL OF AWARD FROM FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT). RECOMMENDATION The administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida to approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2017 -106 -ZD, Safe Routes to School Construction at Biscayne Elementary School, Nautilus Middle School, North Beach Elementary School, and Feinberg - Fisher K-8 Center. ANALYSIS The purpose of the Federal Safe Routes to School (SRTS) Program is to address current decline in walking and bicycling to school amongst students. The decline has shown an adverse effect on traffic congestion and air quality around schools, as well as pedestrian and bicycle safety. Safety issues are a big concern for parents, who consistently cite traffic danger as a reason why their children are unable to bicycle or walk to school. The SRTS Program empowers communities to make walking and bicycling to school a safe and routine activity once again. The program targets children in grades K-12 and was developed to meet the following objectives: 1. To enable and encourage children, including those with disabilities, to walk and bicycle to school. 2. To make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age, and 3. To facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic congestion, fuel consumption, and air pollution in the vicinity of schools. 4. Florida's SRTS program is managed through the Florida Department of Transportation (FDOT). The FDOT awards projects for SRTS funding following a district -wide competitive application process. In 2012 and 2013, the City of Miami Beach prepared reports for Biscayne Elementary (800 77th Street, Miami Beach, FL 33141), North Beach Elementary (4100 Prairie Avenue, Miami Beach, FL 33140), Nautilus Middle School (4301 N Michigan Ave, Miami Beach, FL 33140), and Feinberg -Fisher K-8 Center (1420 Washington Ave, Miami Beach, Florida 33139). The reports included various pedestrian and bicycle deficiencies that needed to be addressed as part of the design of this project. The project design follows FDOT standards and all Commission Memorandum ITB 2017 -106 -ZD SRTS CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER July 26, 2017 Page 12 construction shall follow Local Agency Project (LAP) reporting standards and all applicable FDOT construction standards. The project consists in the installation and upgrade of pavement markings and signage in the vicinity of Biscayne Elementary, Nautilus Middle School, North Beach Elementary, and Feinberg Fisher K-8 Center. Non -Complaint or not visible pavement markings and signage will be upgraded in accordance to the most updated standards and design plans. In addition, new signs and pavement markings will be added as called for in the approved design plans. The project also includes the installation of rapid rectangular flashing beacons and solar school zone flashers in the area surrounding Biscayne Elementary School and as detailed in the design plans. The project also includes the reconstruction of various ADA ramps in accordance to the approved design plans. ITB PROCESS ITB No. 2017 -106 -ZD, was issued on June 14, 2017, with a bid opening date of July 14, 2017. One (1) addendum was issued. The Procurement Department issued bid notices to 224 companies utilizing www.publicpurchase.com website and 482 companies via email notification. Twenty eight (28) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of one (1) response from: AUM Construction, Inc. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that the lowest responsive bid submitted by AUM Construction, Inc. met the requirements of the ITB, including: 1. Licensing Requirements: Bidders shall be state certified and licensed General Contractor in the State of Florida to be considered for award. AUM Construction is State certified as a General Contractor. State license number is: CGC1521373 and expires on August 31, 2018. 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in projects similar in scope and volume involving traffic control signal installation, pavement marking and signalization, ADA ramps, sidewalk construction, rapid rectangular flashing beacons, and school flashing beacons installation. References must be projects completed or in progress within the last five (5) years. AUM Construction submitted a total of four (4) projects similar in scope and volume of work detailed within the contract documents and these emphasized their experience with the services required for the Safe Routes to School Program for all of the schools. 3. Bidder must have the capability to provide a performance and payment bond for the project. The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter from an A - rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. The bid response from AUM Construction was accompanied by a bonding Commission Memorandum ITB 2017 -106 -ZD SRTS CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER July 26, 2017 Page 13 capacity letter from Contractors Bonding and Insurance Company (CBIC) dated July 13, 2017. The capacity letter indicated that AUM Construction has been extended a bonding facility, which will support projects up to $ 10 million. CBIC is rated A + by A.M. Best. 4. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. AUM Construction's latest Supplier Qualifier Report from Dun & Bradstreet indicates that they have a Supplier Evaluation Risk (SER) rating of 7. AUM Construction has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. As a requirement of this federally funded project, FDOT has to concur with the City's determination that AUM Construction has met all of the terms, conditions, and specifications of the ITB. Therefore, award of this project is contingent upon FDOT's concurrence of award. Below is a brief summary of the firm. According to the information provided by the firm, AUM Construction has been in business since 2006, and currently serves both Miami -Dade and Broward County. The firm's employees have extensive experience in traffic signals and signs. Currently, AUM Construction is working alongside Miami -Dade County on several projects that entail similar scope and requirements. Additionally, it has worked along with the City of Miami Beach's Transportation and CIP Departments to provide labor and equipment for an emergency repair of an electronic traffic control device at Alton Road/4th Street, traffic signals improvements pursuant to Miami -Dade County's Traffic Control Equipment Standards and Specifications for Section 654, and audible pedestrian countdown signals of Lincoln Road and West Avenue. CONCLUSION After considering the bid received and the evaluation of staff, pursuant to ITB 2017 -106 -ZD, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to AUM Construction, Inc., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute a contract, which shall be contingent upon FDOT's concurrence of award. KEY INTENDED OUTCOMES SUPPORTED Build and Maintain Priority Infrastructure with Full Accountability FINANCIAL INFORMATION Project Cost: $ 525,555.55 10% Contingency: $ 52,555.56 Total: $ 578,111.11 The cost of the related products and services, are subject to funds availability approved through the City's budgeting process. This project will be partly grant funded through the Florida Department of Transportation's Local Agency Program (LAP). 3039615-069351-00-410-530-00-00-00-51817 3039615-069351-00-410-530-00-00-00-51617 $232,378.00 $160,901.00 Commission Memorandum ITB 2017 -106 -ZD SRTS CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER July 26, 2017 Page 14 3039615-069351-00-410-530-00-00-00-51517 1069615-000312-30-403-429-00-00-00- $89,152.00 $95,680.11 T:\AGENDA\2017\7 - July\Procurement Department\ITB 2017 -106 -ZD SRTS\ITB 2017 -106 -ZD SRTS.doc ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMIBEACH Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490 ADDENDUM NO. 2 INVITATION TO BID NO. 2017 -106 -ZD SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER (the ITB) August 15, 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. DUE DATE MODIFICATION: ITB DUE DATE AND TIME. The deadline for the receipt of bids is on Thursday, July 20, 2017 until 3:00 p.m., at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. 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�mlam ibeachfLgov Contact: Zuleika Davidson Telephone: 305-673-7000 ext. 6943 Email: zuleikadavidson@miamibeachfLgov 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. Sincerely, Alex Denis Procurement Director ITB 2017 -106 -ZD Addendum #2 8/15/2017 Page 1 of 1 MIAMIBEACH Procurement Departmen , 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2017 -106 -ZD SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER (the ITB) July 3, 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. CLARIFICATIONS: ITB DUE DATE AND TIME. The deadline for the receipt of bids is on Friday, July 14, 2017 until 3:00 p.m., at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. 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 RafaeIGranado(ia miamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidson miamibeachfl. ov 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. ely, x Deni ocure -nt Director ITB 2017 -106 -ZD Addendum #1 7/3/2017 Page 1 of 1 INVITATION TO BID SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER 2017 -106 -ZD FDOT FM#: FPN 435478-1, FPN 431499-1, and FPN 435479-1 BID ISSUANCE DATE: JUNE 14, 2017 BID OPENING: JULY 14, 2017 @ 3:OOPM ISSUED BY: MIAMIBEACH Zuleika Davidson, Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.74901 Fax: 786.394.4073 1 www.miamibeachfl.gov BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 1 MIAMI BEACH INVITATION TO BID SUMMARY m MIAMI BEACH Bid Element Invitation to Bid No. Description 2017 -106 -ZD Estimated Construction Budget $510,000.00 ITB Title: SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER. Basic Description of the Scope of Work: (Include Scope and location) The project consists in the installation and upgrade of pavement markings and signage in the vicinity of Biscayne Elementary (800 77th Street, Miami Beach, FL 33141), Nautilus Middle School (4301 N Michigan Ave, Miami Beach, FL 33140), North Beach Elementary (4100 Prairie Avenue, Miami Beach, FL 33140), and Feinberg Fisher K-8 Center (1420 Washington Ave, Miami Beach, Florida 33139). Non - Compliant or not visible pavement markings and signage will be upgraded in accordance to the most updated standards and design plans. In addition, new signs and pavement markings will be added as called for in the approved design plans. The project also includes the installation of Rapid Rectangular Flashing Beacons and Solar School Zone Flashers in the area surrounding Biscayne Elementary School and as detailed in the attached design plans. The project also includes the reconstruction of various ADA Ramps in accordance to the approved design plans. Bid Issuance: June 14, 2017 Technical Drawings and Specifications are available for free download at: www.publicpurchase.com OR available for pick in CD digital format for a fee of $20.00 at: Procurement Department Third Floor; Conference Room 1755 Meridian Avenue Miami Beach, FL 33139 Pre -Bid Conference Date, Time, & Location: 1:1Meeting is Mandatory (only if box is checked) Note: The Pre -Bid Conference is not mandatory. However, it is strongly June 21, 2017 AT 9:00 AM Procurement Department Third Floor; Conference Room 1755 Meridian Avenue Miami Beach, FL 33139 Dial -in Instructions: encouraged that all prospective bidders • Dial the Telephone Number: 1-888-270-9936 attend. • Enter the Meeting Number: 5804578 and then press the pound (#) key BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 2 MIAMI BEACH Site Visit Date, Time, & Location: ❑ Site Visit is Mandatory (only if box is checked) There will not be a scheduled site visit, however contractors are encouraged to visit the site, at their convenience. Last Day for Receipt of Questions: July 3, 2017AT 3:00 PM Bid Due Date & Time: July 14, 2017 AT 3:00 PM Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Bid Opening Location (respond to): Procurement Department Third Floor, 1755 Meridian Avenue Miami Beach, FL 33139 Response Format: Per bid documents: 1. Sealed Opaque Envelope (Properly Addressed) As per Section 0400 Below Basic Bid Requirements: Please reference Section 0400 for detailed information. 1. Bid Guaranty of 5% X is required at the time of bid submission. ■ is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: X SHALL be required prior to contracting with the successful bidder. Alternative security instruments will be considered under City Code. Bidders shall submit a Letter from an A -rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not Tess than one hundred percent of the total base bid amount. ❑ SHALL NOT be required for this project. Prevailing Wage Rates Please reference Section 0400 for detailed information. ■ SHALL be applied. X SHALL NOT be applied. Davis -Bacon X SHALL be applied. ■ SHALL NOT be applied Federal Requirements (Federal Grant) X SHALL be applied. ■ SHALL NOT be applied Disadvantaged Business Enterprise (DBE) and Bid Opportunity FDOT currently has a race neutral program with a 9 . 9 1 % goal. Contractors shall enter their bid opportunity information in the Equal Opportunity Compliance (EOC) System within 3 business days of submission of the bid for all subcontractors who quoted bids for FHWA-assisted projects. Use FDOT contract number for reporting. Use DBEs certified under the Florida Unified Certification Program DBE Directory, Project Completion Timeframe: 240 calendar days, Substantial Completion 300 calendar days, Final Completion Liquidated Damages: $1,584.00 per day shall be assessed for each BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 3 MIAMI BEACH BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH M,i, lMI BEACH 4 day after Substantial Completion that the Work is not complete. Procurement Contact Information: Zuleika Davidson, Contracting Officer t Phone: 305.673.7490 E-mail: zuleikadavidson(c�miamibeachfl.gov The City utilizes Public Purchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Proposer who has received this ITB by any means other than through Public Purchase must register immediately with Public Purchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in bid being deemed non-responsive. CONE OF SILENCE: Pursuant to Section 2-486 of the City Code, all procurement solicitations has been forwarded to the City Commission The Cone of Silence ordinance is available of ordinances. once advertised and until an award recommendation by the City Manager are under the "Cone of Silence." at https://www.municode.com/library/fl/miami beach/codes/code Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado(a,miamibeachfl.gov. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH M,i, lMI BEACH 4 \1BEACH City of Miami Beach Procurement Department 1755 Meridian Avenue, 3`d Floor Miami Beach, Florida 33139 Tel: 305-673-7490 I www.miamibeachfl.gov PUBLIC NOTICE INVITATION TO BID (ITB) 2017 -106 -ZD SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER Sealed proposals will be received until 3:00 PM on July 14, 2017 at the following address: City of Miami Beach, Procurement Department, 3rd Floor, and 1755 Meridian Avenue, Miami Beach, Florida 33139. The project consists in the installation and upgrade of pavement markings and signage in the vicinity of Biscayne Elementary (800 77th Street, Miami Beach, FL 33141), Nautilus Middle School (4301 N Michigan Ave, Miami Beach, FL 33140), North Beach Elementary (4100 Prairie Avenue, Miami Beach, FL 33140), and Feinberg Fisher K-8 Center (1420 Washington Ave, Miami Beach, Florida 33139). Non - Compliant or not visible pavement markings and signage will be upgraded in accordance to the most updated standards and design plans. In addition, new signs and pavement markings will be added as called for in the approved design plans. The project also includes the installation of Rapid Rectangular Flashing Beacons and Solar School Zone Flashers in the area surrounding Biscayne Elementary School and as detailed in the attached design plans. The project also includes the reconstruction of various ADA Ramps in accordance to the approved design plans. A Pre -Submittal Meeting is scheduled for June 21, 2017 @ 9:00 am. at the following address: City of Miami Beach, Procurement Department, 3rd Floor, and 1755 Meridian Avenue, Miami Beach, Florida 33139. Attendance (in person or via telephone) is as a source of information. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective proposer who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. THIS INVITATION TO BID IS UNDER THE CONE OF SILENCE—ORDINANCE NO. 2002-3378 WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 . BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 5 TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 INVITATION TO BID SUMMARY 2 0200 PUBLIC NOTICE 5 0300 DEFINITIONS 7 0400 INSTRUCTIONS TO BIDDERS 10 0500 BID SUBMITTAL REQUIREMENTS & FORMAT 15 0600 GENERAL TERMS AND CONDITIONS 17 APPENDICES: PAGE APPENDIX A REQUIRED FORMS FOR BID SUBMITTAL 50 APPENDIX B REQUIRED FORMS (POST AWARD) 110 APPENDIX C CONSTRUCTION FORMS 119 APPENDIX D MINIMUM QUALIFICATION REQUIREMENTS, SPECIFICATIONS, AND TECHNICAL PLANS 124 APPENDIX E SAMPLE CONTRACT 128 APPENDIX F FDOT SUPPLEMENTAL CONDITIONS 152 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 6 0300. 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: 1.2 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: Architect or Engineer who has contracted with CITY or who is an employee of CITY, to provide professional services for this Project. 1.8 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Director or some other employee expressly designated as Contract Administrator for the Project by the Director. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instruction To Bidders, Supplements, Technical Specifications, Exhibits, Certificates, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, General Requirements, Project Forms, Certifications, Bid Forms, Bid Tender Form, Record of Award by Board, Bonds, Notice of Award, Notices(s) to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 7 Instructions and any additional documents the submission of which is required by this Project. 1,11 Contract Price: The original amount established in the Bid submittal and award by the City, as may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.13 Contractor: The person, or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. Owner's Contingency: The term "Owner's Contingency" shall mean a line item owner's contingency amount contained in the Schedule of Values for the Project , which owner's contingency amount, shall be included within the total base bid for the Project. The Owner's Contingency shall be used as a source of funds for the costs reasonable and necessarily incurred and paid by the Contractor with prior City's approval. The Owner's Contingency is to cover construction related cost which were not specifically foreseeable or quantified as of the date of Bid submittal, including but not limited to the following: correction of minor defects or omissions in the Work not caused by the Contractor's negligence; cost overruns due to the default of any subcontractor or supplier; minor changes caused by unforeseen or concealed site conditions; and minor changes in the Work not involving adjustment in the Contractor Price or extension of the completion date and not inconsistent with the approved final plans and specifications. 1.18 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 8 1.19 Project: The construction project described in the Contract Documents, including the Work described therein. 1.20 Project Initiation Date: The date upon which the Contract Time commences. 1.21 Resident Project Representative: means a firm that has entered into a separate agreement with the City for the provision of professional engineering services associated with the administration of the contract for the Project, on a day-to-day basis. 1.22 Responsive Bidder: means a person 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 required by the bid documents to be submitted at the time of bid opening. 1.23 Responsible Bidder: means 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. 1.24 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. 1.25 Substantial Completion: The date certified in writing by Consultant and as finally designated 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 the 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. 1.26 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. 1.27 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 9 0400. 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. Scope of Work: The Work set forth within these bid documents includes the furnishing of all labor, materials, testing, equipment, services and incidentals for the construction of: The project as stipulated in the Invitation to Bid Summary. 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 10 5 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 in writing to the Procurement Contract named in this ITB. 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 Tess 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. 6 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. 7 Bid Guaranty: This bid shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid Securities of the unsuccessful Bidders will be returned after award of the Bid by the Mayor and City Commission. laborers, mechanics and apprentices employed by any contractor or subcontractor on the benefit payments or cash equivalence for similar skills or classifications of work, as estabA - - . - _ - - • - - - - ' - - - - this Ordinance shall not apply to the following projects: a. water, cxccpt water tr atmcnt facilities and lift stations; c. d, road construction, cxccpt bridges storm drainage; and signage. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 11 MIAMI BEACH 9 Acca Mance 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 Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 10 Method of Award. Following the review of bids the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the lowest responsive, responsible bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation. The City Commission may also reject all bids received. In determining the lowest responsive, responsible bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 11 Contract Price: The Contract Price is 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. 12 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 day's written notice of any such postponement to all prospective Bidders. 13 Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date shall be made in accordance with City Code Section 2-371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. No. 2011 3718, the City shall give a which is a small bucinc"c con nce esponsible bidder e ortunity of providing said goods or contractual services for the lowest responsive bid amount. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 12 e MIAMI BEACH foregoing preference, the adjusted business a small I -with respect to quality and service, then thc award shall be made to thc service disabled veteran business enterprise. Please rcfcr to Appendix A. 15 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")." Please refer to Appendix A. 16 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. 17 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. 18 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 below: . 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAtv\l BEACH 13 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. PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) III. FLORIDA DEPARTMENT OF TRANSPORTATION IV. MIAMI-DADE TRAFFIC ENGINEERING DEPARTMENT V. MIAMI-DADE WATER AND SEWER DEPARTMENT (WASD) VI. FLORIDA POWER AND LIGHT (FPL) VII. CITY OF MIAMI BEACH • Public Works Right -of Way Permit VIII. SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) The successful contractor shall be responsible for extending the Class V permit expiration date as needed. The successful contractor shall be responsible for obtaining a Right of Way Permit from the City of Miami Beach Public Works Department. The successful contractor shall be responsible for obtaining a dewatering permit from the appropriate agencies if necessary. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACI-I 14 0500. BID SUBMITTAL REQUIREMENTS & FORMAT: Bids shall be submitted in a sealed, opaque packaging. One (1) original in a three ring binder and four (4) bound copies, 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 Department of Procurement 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 Price form (Appendix A, Attachment A-1) 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. Cover Letter & Minimum Qualifications Requirements 1.1 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.2 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix D Minimum Qualification Requirements and Technical Specifications. TAB 2 Experience & Qualifications 2.1 Experience and Key Personnel. It is a requirement of the bid that the Bidder staff the project with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide the following information: • Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub -contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid. • Bidder shall provide evidence of experience, as required herein in Appendix D Minimum Qualification Requirements and Technical Specifications. • An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: ■ Construction Project Manager ■ Construction Superintendent ■ Site Foreman and/or Estimator • A staffing plan that clearly illustrates the key elements of the proposed organizational BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 15 V11 AM i BEACH structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors .ro.osed for the Pro'ect. TAB 3 FINANCIAL CAPACITY 3.1 Financial Capacity. Each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. In addition to the D&B information, the City may require that proposers submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). DO NOT include Financial Statements with your bid submittal. TAB 4 BID PRICE Bidders shall submit their bid price using the Bid Proposal Form found in Appendix A, Attachment A-1. Bidders shall also include all attachments from Appendix A in this tab. Note: After bid submittal, the City reserves the right to require additional information from Bidder (or bidder team members or sub -consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). Balance of Page Intentionally Left Blank BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH \/\IAMI BEACH 16 00600. GENERAL TERMS AND CONDITIONS: 1. Proiect Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. 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. 1.3. 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. 1.4. 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. 2. 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. 3. Notice To Proceed: 3.1. As a condition of issuance to the second Notice To Proceed (pursuant to subsection 2,1.2 of the contract) Contractor shall submit to Consultant for Consultant's review and acceptance: BID NO: 2017 -106 -ZD 3.1.1 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: (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CITY OF MIAMI BEACH i\fllA/ \I BEACH 17 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 P3 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 P3, to develop and update the Primavera P3 project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make -Up" schedule to 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. 3.2. After award but prior to the submission of the Project Baseline Schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH \J1iAPnl BEACH 18 relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.3. A schedule of Shop Drawing submissions; and 3.4. In a lump sum contract or in a contract which includes lump sum bid items of Work, a 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. If requested by the City, such prices shall be broken down to show labor, equipment, materials and overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. Pre -Construction Meeting 3.5. 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 referred to in Section 4.1.1, 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. 3.6. 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 in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to Consultant as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as Forms 00710 and 00720. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH' 19 4,1. 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. 4.2. 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. 4.3. 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. 4.4. Alternate Form of Security: subject to the prior approval of City and for same purpose and shall be subject to 5. Qualification of Surety 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. 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. 5.1.2. 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. 5.1.3. 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 CITY OF MIAMI BEACH MlAN1lBEACH 20 BID NO: 2017 -106 -ZD 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: Amount of Bond Policy- Financial holder's Size Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class 11 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 5.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 5.3. 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. 6, Indemnification 6.1 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. 6.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 21 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. 7. Labor and Materials: 7.1. 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. 7.2. 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. 8, 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. 9. 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 performing areas of work that impact the critical path accepted in the schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on areas of work that impact the critical path accepted in the scheduled updates due to adverse weather and to; (2) Contractor having to make major repairs to the Work damaged by weather conditions provided that such damage was not attributable to a failure to perform or neglect by Contractor, and provided further that Contractor was unable to work at least fifty percent (50%) of the normal workday on items of work that impact the critical path accepted in the schedule of work identified on the accepted schedule of updates. 10. Permits, Licenses and Impact Fees: 10.1. 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 22 is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 10.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. 11. Resolution of Disputes: 11.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 11.2 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. 12. Inspection of Work: 12.1. 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. 12.1.1. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 23 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. 12.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 12,2. 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. 12.3. 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 or representative of The City, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 13. Superintendence and Supervision: 13.1. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent satisfactory to The City. The superintendent shall not be changed except with the prior written consent of Contract Administrator or his/her designee, 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 Contract Administrator upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 13.2. 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. 13.3. 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 24 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. 13.4. 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. 13.5. 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 14. Termination: 14.1. Termination for Convenience. In addition to other rights the City may have at law and pursuant to the Contract Documents with respect to cancellation and termination of the Agreement, the City may, in its sole discretion, terminate for the City's convenience the performance of Work under this Agreement, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Agreement, and may be issued by the City with or without cause. a. Upon receipt of such Notice of Termination for Convenience from the City, and except as otherwise directed by the City, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Section 16.1: i. Stop the Work specified as terminated in the Notice of Termination for Convenience; ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; iii. Immediately deliver to the City all Project records, in their original/native electronic format (i,e. CAD, Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 25 iv. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; v. Place no further subcontracts or purchase orders for materials, services, or facilities, except as necessary to complete the portion of the Work not terminated (if any) under the Notice of Termination for Convenience; vi, As directed by the City, transfer title and deliver to the City (1) the fabricated and non -fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; vii. Settle all outstanding liabilities and termination settlement proposals from the termination of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City (if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and any property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values, within 30 days of the effective date of termination, unless extended in writing by the City upon request. Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under this Agreement, except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 26 14.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of written notice from the City to Contractor specifying such Default, the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed thirty (30) days, after the delivery of such Notice of Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for the City to terminate Contractor for cause: BID NO: 2017 -106 -ZD a. Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; or failing to use the Subcontractors, entities and personnel as identified and to the degree specified, in the Contract Documents, subject to substitutions approved by the City in accordance with this Agreement and the other Contract Documents; b. Failing, for reasons other than an Excusable Delay, to begin the Work required promptly following the issuance of a Notice to Proceed; c. Failing to perform the Work with sufficient manpower, workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any of the Project within the specified time; d. Failing, for reasons other than an Excusable Delay, to timely complete the Project within the specified time; e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract Documents; f. Discontinuing the prosecution of the Work, except in the event of: 1) the issuance of a stop -work order by the City; or 2) the inability of the Contractor to prosecute the Work because of an event giving rise to an Excusable Delay as set forth in this Agreement for which Contractor has provided written notice of same in accordance with the Contract Documents; g. Failing to provide sufficient evidence upon request that, in the City's sole opinion, demonstrates the Contractor's financial ability to complete the Project; h. An indictment is issued against the Contractor; i. Failing to make payments to for materials or labor in accordance with the respective agreements; j. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; k. Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Agreement; I. Failing to comply in any material respect with any of the terms of this CITY OF MIAMI BEACH MIAMI BEACH 27 Agreement or the Contract Documents. In no event shall the time period for curing a Default constitute an extension of the Substantial Completion Date or a waiver of any of the City's rights or remedies hereunder for a Default which is not cured as aforesaid. 14.3. Termination of Agreement for Cause. a. The City may terminate the Contractor for cause upon the occurrence of an Event of Default as defined in Section 16.2, or for any other breach of the Agreement or other Contract Documents by the Contractor that the City, in its sole opinion, deems substantial and material, following written notice to the Contractor and the failure to timely and properly cure to the satisfaction of the City in the time period set forth in Section 16.2, or as otherwise specified in the Notice of Default. b. Upon the occurrence of an Event of Default, and without any prejudice to any other rights or remedies of the City, whether provided by this Agreement, the other Contract Documents or as otherwise provided at law or in equity, the City may issue a Notice of Termination for Cause to Contractor, copied to the Surety, rendering termination effective immediately, and may take any of the following actions, subject to any prior rights of the Surety: i. Take possession of the Project site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor; ii. Accept assignments of subcontracts; iii. Direct Contractor to transfer title and deliver to the City (1) the fabricated and non -fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; and iv. Finish the Work by whatever reasonable method the City may deem expedient. c. Upon the issuance of a Notice of Termination for Cause, the Contractor shall: i. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished or partially completed documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 28 title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non -fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest. d. The rights and remedies of the City under Section 16 shall apply to all Defaults that are non -curable in nature, or that fail to be cured within the applicable cure period or are cured but in an untimely manner, and the City shall not be obligated to accept such late cure. 14.4. Recourse to Performance and Payment Bond; Other Remedies. a. Upon the occurrence of an Event of Default, and irrespective of whether the City has terminated the Contractor, the City may (i) make demand upon the Surety to perform its obligations under the Performance Bond and Payment Bond, including completion of the Work, without requiring any further agreement (including, without limitation, not requiring any takeover agreement) or mandating termination of Contractor as a condition precedent to assuming the bond obligations; or (ii) in the alternative, the City may take over and complete the Work of the Project, or any portion thereof, by its own devices, by entering into a new contract or contracts for the completion of the Work, or using such other methods as in the City's sole opinion shall be required for the proper completion of the Work, including succeeding to the rights of the Contractor under all subcontracts as contemplated by Article 16. b. The City may also charge against the Performance and Payment Bond all fees and expenses for services incidental to ascertaining and collecting losses under the Performance and Payment Bond including, without limitation, accounting, engineering, and legal fees, together with any and all costs incurred in connection with renegotiation of the Agreement. 14.5. Costs and Expenses. a. All damages, costs and expenses, including reasonable attorney's fees,. incurred by the City as a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent the City has expressly consented, in writing, to the Contractor's late cure of such Default), together with the costs of completing the Work, shall be deducted from any monies due or to become due to the Contractor under this Agreement, irrespective of whether the City ultimately terminates Contractor. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 29 b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay Contractor, and the Contractor shall not be entitled to receive, any money until such time as the Project has been completed and the costs to make repairs and/or complete the Project have been ascertained by the City. In case such cost and expense is greater than the sum which would have been due and payable to the Contractor under this Agreement for any portion of the Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable and shall pay the difference to the City upon demand. 14.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of this Agreement, or that any delay hereunder was an Excusable Delay, the termination shall be converted to a Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained in Section 16.1. The Contractor shall have no further recourse of any nature for wrongful termination. 14.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents, no remedy under the terms of this Agreement is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies, existing now or hereafter, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient. 14.8. Materiality and Non -Waiver of Breach. Each requirement, duty, and obligation in the Contract Documents is material. The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or Amendment of this Agreement. A waiver shall not be effective unless it is in writing and approved by the City. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and the failure of the City to exercise its rights and remedies under this Article 16 at any time shall not constitute a waiver of such rights and remedies. 15. Contractor Right to Terminate Contract or Stop Work: If the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) days due to no act or fault of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any material amount owing pursuant to an Approved Application for Payment in accordance with the Contract Documents and after receipt of all supporting documentation required pursuant Article 8, and if the City fails to make such payment within ninety (90) days after receipt of written notice from the Contractor identifying the Approved Application for Payment for which payment is outstanding, then, unless the City is withholding such payment pursuant to any provision of this Agreement which entitles the City to so withhold such payment, the Contractor shall have the right upon the expiration of the aforesaid ninety (90) day period to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure period. In such BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 30 event, Contractor may terminate this Agreement and recover from City payment for all Work executed and reasonable expense sustained (but excluding compensation for any item prohibited by any provisions of the Contract Documents). In the alternative to termination, Contractor shall not be obligated to recommence the Work until such time as the City shall have made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory to the City. Except as set forth in this Section 16.8, no act, event, circumstance or omission shall excuse or relieve the Contractor from the full and faithful performance of its obligations hereunder and the completion of the Work as herein provided for, 16. 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. 17. 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. 18. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 13. 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 31 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. 19. 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. 20. 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. 21. Contractor's Responsibility for Damages and Accidents: 21.1. 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 30. 21.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 30. 22. 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 26 herein. 23. Supplementary Drawings: 23.1. 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 32 23.2. 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. 24. Defective Work: 24.1. 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. 24.2. 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. 24.3, If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 24.4. 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. 25. 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. 26. Subcontracts: 26.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 33 26.2. 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. 26.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 26.4. Contractor shall perform the Work with its own organization, amounting to not less than 30% percent of the Contract Price. Unless a higher percentage expressly required by The City in this solicitation. 26.5 The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the requirements of FHWA-1273. 27. Separate Contracts: 27.1. 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. 27.2. 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. 27.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 27.4. 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. 28. Use of Completed Portions: 28.1. 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH ;V1IAM1 BEACH 34 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. 28.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 28.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 28.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Consultant. 28.2.3. 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. 28.2.4. 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. 28.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 29. Lands for Work: 29.1. 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. 29.2. 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 35 MiAMi BEACH 30. 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. 31. Location and Damage to Existing Facilities, Equipment or Utilities: 31.1. 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 facility 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. 31.2. 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. 31.3. 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. 31.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 32. Value Engineering: Following contract award Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing after award in accordance with contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 36 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. 33. 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. 34. Changes in the Work or Terms of Contract Documents: 34.1. 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. 34.2. 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. 35. Field Orders and Supplemental Instructions: 35.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 35.2. 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. 36. Change Orders: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 37 36.1. 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. 36.2. All changes to construction contracts which exceed the Commission -approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 36.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 36.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 36.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 37. Value of Change Order Work: 37.1. The value of any work covered by a Change Order or Owner's Contingency Draw or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 37.1.1. 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, subject to the provisions of Section 39.7. 37.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 37.1.3. On the basis of the "cost of work," determined as provided in Sections 39.2 and 39.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 38.4. 37.2. 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MiArvl! BEACH 38 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 39.3. 37.2.1. 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, 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. 37.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation, and manufacturers' field services required in connection therewith. 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. 37.2.3. 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 the Subcontractor shall be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 37.2.4. 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. 37.2.5. Supplemental costs including the following: 37.2.5.1. 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 39 37.2.5.2. 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 . 37.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 37.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 37.2.5.5. Cost of premiums for additional bonds and insurance required because of changes in the work associated with change orders. 37.3. The term "cost of the work" shall not include any of the following; 37.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications referred to in Section 39.2.1., all of which are to be considered administrative costs covered by Contractor's fee. 37.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 37.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 37.3.4. 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. 37.3.5. 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 40 equipment wrongly supplied and making good any damage to property. 37.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 39.2. 37.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 37.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 37.4.2. A fee based on the following percentages of the various portions of the cost of the work: 37.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, Contractor's fee shall not exceed ten percent (10%). 37.4.2.2. 37.4.2.3. For costs incurred under Section 39.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and No fee shall be payable on the basis of costs itemized under Sections 39.2.4 and 39.2.5, (except Section 39.2.5.3), and Section 39.3. 37.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 37.6. Whenever the cost of any work is to be determined pursuant to Sections 39.2 and 39,3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 37.7. 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. 37.7.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 37.7.2. 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 41 MIAN1I BEACH 37.8. Each Change Order or contingency draw must state within the body of the document whether it is based upon unit price, negotiated lump sum, or "cost of the work." 38. Notification and Claim for Change of Contract Time or Contract Price: 38.1, 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 in accordance with the false claim ordinance, 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 12/13 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. 38.2. The Contract Time will be extended in an amount equal to time lost on items affecting the critical path 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 40.1. 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. 39. 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. 40. Excusable Delay; Compensable; Non -Compensable: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 42 40.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non -compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, 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 thousand four hundred dollars ($1,400) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non -Compensable Excusable Delay (concurrent delays). 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. 41. Substantial Completion: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 43 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 of the work or designated portion. 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. 42. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 43. Shop Drawings: 43.1. 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. 43.2. Within seven (7) 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. 43.3. 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. 43.4. Contractor shall thoroughly review and certify the Shop Drawings and each and every copy shall show this approval thereon. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 44 43.5. 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. 43.6. Consultant shall review and approve Shop Drawings within fourteen (14) 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. 43.7. 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. 43.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 43.9. 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. 43.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 44. Field Layout of the Work and Record Drawings: 44.1. 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. 44.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH /MIAMI BEACH 45 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. 44.3. 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. 45. Safety and Protection: 45.1. 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: 45.1,1. All employees on the work site and other persons who may be affected thereby; 45.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 45.1.3. 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. 45.2. 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. 45.3. 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. [ X ] 46,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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH ACA BEACH 46 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. 47. 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 or the latest version of the Uniformed Building Code. The cost of any required test which Contractor fails shall be paid for by Contractor. 48. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines or severe weather. 49. Hurricane or Severe Weather Precautions: 49.1. 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. 49.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 49.3. 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. 49.4. 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. 50. 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. 51. Removal of Equipment: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH ;V11Aty\I BEACH 47 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. 52. 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. 53. Protect Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of five (5) years following Final Completion of the Project. During the Project and the five (5) 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. 54. 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: 54.1. The chemical name and the common name of the toxic substance. 54.2 The hazards or other risks in the use of the toxic substance, including: 54.2.1. The potential for fire, explosion, corrosion, and reaction; BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAtr11BEACH 48 54.2.2. 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 54.2.3. The primary routes of entry and symptoms of overexposure. 54.3. 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. 54.4. The emergency procedure for spills, fire, disposal, and first aid. 54.5. 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. 54.6. 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. 55. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. Balance of Page Intentionally Left Blank BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 49 APPENDIX A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender Form: Non -Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6: Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information ATTACHMENT A-9: Supplement to Bid Tender Form: Sub -Contractors ATTACHMENT A-10: Supplement to Bid Tender Form: Davis Bacon Act ATTACHMENT A-11: Supplement to Bid Tender Form: Bid Certification, Questionnaire & Requirements Affidavit FDOT Required Forms ATTACHMENT A-12: FDOT Form # 525-010-46 ATTACHMENT A-13: FDOT Form # 375-030-33 ATTACHMENT A-14: FDOT Form # 375-030-40 ATTACHMENT A-15: FDOT Form # 575-060-13 ATTACHMENT A-16: FDOT Form # 375-030-32 ATTACHMENT A-17: FDOT Form # 375-030-34 ATTACHMENT A-18: FDOT Form # 375-030-91 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 50 MV1IAMIBEACH MIA IBEACH City ITB Price The TOTAL BASE BID amount inclucles the alIinclusive total costfor 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. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. Bidders must submit this ITB Price Form fully completed, as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive. In the event of a discrepancy between the numerical total base bid (lump sum grand total) and the written total base bid, the written total base bid shall govern. PROJECT TITLE: ITB No. 20l7 -1Q6-20 SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER COMPANY NAME: LUMP SUM GRAND TOTAL: Company: Address Line 1: Address Line 2 Tel Email: Signature: Title/Printed Name: Bidder's Affirmation: FAILURE TO SUBMIT THIS FORM WITH BID WILL RESULT IN BEING DEEMED NONRESPONSIVE. A-1 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAA/11 BEACH 51 BID TENDER FORM Submitted: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Date A-2 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 -106 -ZD SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG- FISHER K-8 CENTER The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIA 1 BEACH 52 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: A-2 IPitilitaik Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Aimmirnorial Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 Attached is a Bid Bond ❑, Cash El, Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or: Certified Check ❑ No. Bank of Dollars ($ for the sum The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Address Line 1: Address Line 2: Telephone Number: E-mail Address: of Social Security Number: OR Federal I.D. Number: If a partnership, names and addresses of partners: Dun & Bradstreet No.: (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MI AM BEACH 53 (Sign below if incorporated) ATTEST: (Type or Print Name of Corporation) Secretary (CORPORATE SEAL) (Signature and Title) (Type or Print Name Signed Above) Incorporated under the laws of the State of: BID NO: 2017 -106 -ZD A-2 CITY OF MIAMI BEACH MIAMI BEACH 54 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has been in possession of these licenses, certifications, and/or registrations. A-3 License/Certification#/Registration# # Years 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. 3. What business are you in? 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. 5. Have you ever failed to complete any work awarded to you? If so, where and why? 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation, SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 55 ib`.i1ii 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co -venture, list the information for all co -venturers): a. Name of Project b. Owner and Point of Contact (Minimum of Phone Number & E-mail Address) c. Original Contract Value d. Current Contract Value e. Projected Date of Completion per Contract f. Percent (%) Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ❑ Yes ❑No 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: B. The business is a: ❑ Sole Proprietorship • Partnership ❑ Corporation C. The address of principal place of business is: D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: A-3 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 56 MIAMI BEACH E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. A-3 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH I\I\ I Ar^ I BEACH 57 I. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. J. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, please provide details. K. Under what conditions does the Bidder request Change Orders? L. Provide the names of all individuals or entities (including your sub -consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. A-3 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 58 A-3 11. Individuals or entities (including our sub -consultants) with a controlling financial interest have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. 12. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? ❑Yes ❑No 13. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? ❑Yes ❑No if the answer to either number 12 or 13 is yes, attach a written detailed explanation. 14. Is the business entity owned by a certified service -disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran -owned Business? ❑Yes ❑No BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 59 I BEACH CONTRACTOR QUALIFICATION STATEMENT VALIDATION: A-3 The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Title: IF CORPORATION: Signature Print Name of Corporation Print Name Address Title: WITNESS: Signature Print Name Title: (CORPORATE SEAL) Attest: Secretary BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MI BEACH 60 SUPPLEMENT TO BID/TENDER FORM: NON -COLLUSION CERTIFICATE A-4 THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this day of , 20_ The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2014 -095 -SR. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 61 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: A-5 (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; (3) and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 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: (5) (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; Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 62 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION STATE OF COUNTY OF (Bidder Signature) (Print Vendor Name) A-5 The foregoing instrument was acknowledged before me this day of 20 , by as (name of person whose signature is being notarized) (title) of (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature). (Print Name) My commission expires: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 63 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over $100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). A-6 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 64 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along BID NO: 2017 -106 -ZD A-6 CITY OF MIAMI BEACH MIAMI BEACH 65 with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. Balance of Page Intentionally Left Blank A-6 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MI,VAI BEACH 66 MIAMIBEACH A-6 DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number (if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑ Race _ Yes _ No ❑ Sex_ Yes _ No ❑ Color Yes No ❑ Sexual Orientation Yes No D Creed_ Yes _ No 11Gender Identity (transgender status) _ Yes _ No ❑ Religion_ Yes _ No LI Domestic partner status _ Yes _ No ❑ National origin_ Yes _ No ❑ Marital status _ Yes _ No ❑ Ancestry_ Yes _ No ❑ Disability _ Yes _ No ❑ Age_ Yes _ No 111AIDS/HIV status _ Yes _ No LI Height_ Yes — No ❑ Weight _ Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _Yes_No BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH I��11�!J�, BEACH 67 Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO A-6 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 Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.gov/procurement/ BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 68 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation, Have you submitted supporting documentation for each benefit offered? Section 4. Executing the Document _Yes_No declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at Signature Mailing Address Name of Signatory City, State, Zip Code Title A-6 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 69 MIAMIBEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Department of Procurement Management ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State, Zip Name of Signatory (please print) Telephone Number Title Date A-6 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 1IA;`4li BEACH 70 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; 2. The existence of benefits providers willing to offer equal benefits to the City Contractor; and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. Cash Equivalent A-6 "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MI,M.11! BEACH 71 M AMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Department of Procurement Management by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Department of Procurement Management evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: BID NO: 2017 -106 -ZD A-6 CITY OF MIAMI BEACH tV1AMI BEACH 72 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. . The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. A-6 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 73 A-6 declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State, Zip Name of Signatory (please print) Telephone Number Title Date BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 74 SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT A-7 IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price BID NO: 2017 -106 -ZD Total $ Extended Method Name of Bidder Authorized Signature of Bidder CITY OF MIAMI BEACH MIAMI B AC 75 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City A-7 $25.00 ❑ Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive.] BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACFI 76 RECYCLED CONTENT INFORMATION A-8 In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. govdtad BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 77 AA LVv\I BEACH INVITATION TO BID (ITB) No. ITB TITLE SUB -CONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor (Telephone and fax no.) Work to be completed % of Work to be performed Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: (Attach additional forms if necessary) A-9 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI REACH 78 ❑ STATEMENT OF COMPLIANCE: DAVIS BACON ACT No. A-10 Contract No. Project Title The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 STATE OF COUNTY OF SS By: By: Contractor (Signature) (Print Name and Title) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_ (NOTARY SEAL) My commission expires: (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 79 A-10 ADDITIONAL ARTICLES: Federal Grant Proiects 1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through the Department of Housing and Urban Development, federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this appendix (next page). BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 80 A-11 Solicitation No: Solicitation Title: Procurement Contact: Tel: Email: STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO OF YEARS IN BUSINESS: NO OF YEARS IN BUSINESS LOCALLY: NO OF EMPLOYEES: OTHER NAME(S) PROPOSER 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 proposer 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 proposer to perform in accordance with contract requirements. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 81 Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO A-11 SUBMITTAL REQUIREMENT: Proposers 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. Conflict Of Interest. All Proposers 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 Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers 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. Proposers 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 Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-erformance by any public sector agency? YES 1I NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers 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. Proposers 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. 6. 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 Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, 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: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer 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.govlprocurementl. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 82 A-11 7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI -U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 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. D. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES 1 I NO E. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO F. 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 Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 83 A-11 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, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 10. Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium -on— vhase-e and Miccic�ippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. MITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016 29375. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer 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 Receipt Initial to Confirm Receipt Initial to Confirm 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 84 A-11 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipients convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, 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 Statement of Qualifications, may accept or reject Statement of Qualifications, and may accept Statement of Qualifications 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 Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications 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 Proposals. 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. Proposals 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 Statement of Qualifications 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 Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. 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 Proposals will be bound only as, if and when a Statement of Qualifications, 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 Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law, All Statement of Qualifications 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. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications, the Proposer 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 Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 85 PROPOSER CERTIFICATION. I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer 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; proposer 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; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer 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 Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer 's Authorized Representative: Title of Proposer 's Authorized Representative: Signature of Proposer 's Authorized Representative: Date: State of FLORIDA County of On this day of , 20 , personally appeared before me who 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: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 86 MIAMI BEACH CONFIDENTIAL For bids to be received on STATE OF FLORIDA DEPARTMENT' OP TRANSPORTATION LAP CERTIFICATION OF CURRENT CAPACITY (Letting Date) CERTIFICATE A-12 525-010-40 PROGRAM MANAGEMENT 12/00 Pa00 1 012 Fill in your FOOT Vendor Number VF (Only applicable to FDOT pro -qualified contractors) I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the "Status of Contracts on Hand" report (page 2) $ 1 further certify that the "Status of Contracts on Hand" report (page 2) was prepared as follows: 1. If the letting is before the 251h day of the month, the certificate and report reflect the uncompleted work as of the 15"' day of the month, last preceding the month of the letting. 2. If the letting is after the 251h day of the month, the certificate and report reflects the uncompleted work in progress as of the 15'" day of the month of the letting. 3. All new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report and charged against our total rating. !certify that the information above is correct. NAME OF FIRM Sworn to and subscribed this day of ,20 By: Title BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 87 STATUS OF CONTRACTS ON H Lca ..zi- co C\I s. -- UNCOMPLETED AMOUNT TO BE DONE BY YOU AS SUBCONTRACTOR a a ci to - R a tr) AS PRIME CONTRACTOR co q a to- TOTAL UNCOMPLETED WORK ON HAND TO BE DONE BY YOU (TOTAL COLUMNS 5 AND 6) BALANCE OF CONTRACT AMOUNT TOTALS AMOUNT SUBLET TO OTHERS NOTE: Columns 2 and 3 to show total contract (or subcontract) amounts_ Column 4 to be difference between columns 2 and 3. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4. All amounts to be shown to nearest $100. The Contractor may consolidate and list as a single item all contracts which, individually, do not exceed 3% of total, and which, in the aggregate, amount to less than 20% of the total. CONTRACT (OR SUBCONTRACT) AMOUNT PROJECTS OWNER, LOCATION AND DESCRIPTION BD NO: 2017 -106 -ZD CITY OF MIAMI BEACH 88 MIAMI BEACH 3n-030-33 PROCUREM5NT 10/01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract the making of any federal grant the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, LIS, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: By: Date: Authorized Signature Title: A-13 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 89 STATE OF FLORIDA DEPARTMENT or TRANSPORTATION CERTIFICATION OF USE OF SUBS & ALL LOWER TIER SUBS A-14 275.030 40 PROCUREMENT 12/15 Advertisement No.: Financial Project No.; Project Description: I, the undersigned, certify that I have disclosed all subs and lower tier subconsultants/sub-vendors proposed to be used by my firm to perform services on the subject FDOT contract. In accordance with Section 7A of the Standard Professional Services Contract, l understand that The Consultant will not sublet, assignor transfer any work under this Agreement to other subconsultants/sub-vendors not specified in the Agreement without the written consent of the Department. I will comply with the aforementioned FDOT contractual requirement. Additionally, I certify that all rates proposed by my firm in the fee proposal do not reflect blending of costs with subs and all lower tier subconsultants/sub-vendors. 1 further certify that either; (Indicate choice by checking box) ❑ There are no subs or lower tier subconsultantslsub-vendors to my consultant firm on this contract. I have disclosed all subs and lower tier subconsultants/sub-vendors to my firm, and the full list of subs and at lower tier subconsultants/sub-vendors who may be utilized by my firm on this contract is provided below: Firm Name: Signature: Name of Certifying Official (Print): Title: Date of Certification: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BFACF-1 90 SF,41t- CF FLCAMA. CEPARTNIENF OF FRANC PCFCFATION NON -COLLUSION DECLARATION AND COMPLIANCE WITH 49 CFR § 29 ITEM/SEGMENT NO.: F.A.P. NO.: 1 A-15 57S-CEL-ta RKIKT CF *A,` OSILEI Fmge 1 of a MANAGING DISTRICT: PARCEL NO.: COUNTY OF: BID LETTING OF: (NAME) of hereby declare that I am (TITLE) (FIRM) of (CITY AND STATE) a nd that I am the person responsible within myfirm forthe final decision as to the price(s) and amount of this Bid on this State Project. further declare that: 1. The prices(s) and amount of this bid have been arrived at independently,without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed priorto the bid opening. 3. No attempt has been made orvvill be made to solicit, cause or induce any other firm or person to refrain from bidding on this project, or to submit a bid higherthan the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursaantto any agreement ordiscussion with, or inducementfrom, any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a Subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of valueto any firrn or person„whether in conn ection with this or any other project, in consideration for an agreement or promise by a ny firm or person to refrain from bidding orto submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regardingthe sale of materials or services to any firm or person, and has not been promised or paid cash or anything ofvalue by anyfirm or person, whether in connection with this or any other project, in consideration for my f irmissubmitting a complementary bid, or agreeing to do so, on this project. 7. E have made a diligent inquily of all members, officers, employees, and agents of rnyfirmwith responsibilities relating to the preparation, approval orsubmission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct in consistent with any of the statements and representations made in this 0 ecla ration. 8. As required by Section 337.165, Florida Statutes, the firm has fullyinfomied the Department of Transportation In writing of all convictions of the firm, its affiliates (as defined in Section 337.165(I)(a), Florida Statutes), and all directors, officers, and employees of the firm arid its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state orfederal law involvingfraud, bribery, collusion, conspiracy or material misrepresentation with respectto a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 91 RICHT C h'VA`! Pwa2 of 9. 1 certifythat, except as noted below, neither my firm nor any person associatedtherewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of Federal funds: (a) is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR §29.110(a), by any Federal department or agency; (b) has within a three-year period preceding this certification been convicted of ar had a civil judgment rendered against him orherfor: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State or local governmenttransaction or public contract; violation of Federal ar State antitrust statutes; or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and (d) has within a three-year period preceding this certification had one or more Federal, State or local government publictransactions terminated for cause or default. 10. I(We), certify that l(We), shall not knowingly enter into any transaction with any subcontractor, material supplier„ orvendorwho is debarred, suspended, declared ineligible, orvoluntarily excluded fromparticipation in this. contractby arty Federal Agency unless authorized bythe Department Where 1 am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (t)through (10),i have provided an explanation in the"Exceptions" portion below ar by attached separate sheet. EXCEPTION'S:: (Any exception listed above will not necessarily result in denial of award, butwill be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates ef agency action Providingfatsa information may result in criminal prosecution andloradministrative sanctions.) 1 declare under penalty of perjurythatthe foregoing is twa and correct. CONTRACTOR: (Seal) BY: 's`' _,'; WITNESS: NAME AND TITLE PRINTED Executed on this. SIGNATURE day of WITNESS: FAILURE TO FULLY COMPLETE AND EXECUTE THIS DOCUMENT MAY RESULT IN THE BID BEING DECLARED NONRESPONSIVE BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 92 MIAMI BEACH 50s-osc-la qtarr OF *AY 0551 P45335 013 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors and other lowertier participants. - Appendix B of 49 CFR Part 29 – Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—LowerTier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant's providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placedwhen this transaction was entered. If it is later determined thatthe prospective lowertier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, in suspension and/or debarment. 3. The prospective lowertier participantsh all provide immedi written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "deba rredrsuspen ded""ineligiblerlowertiercovered transaction," "participa ntrperson,." "primary coveredtransaction,""principal,""proposaVand"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contactthe person to whom this proposal is su bmifted for assistance in obtaining a copy Of those regulations. 5. The prospective lowertier participantagrees bysubmittingthis proposaithat it shall not knowingly enter into any I owerti er covered transaction with a person who is debarred, suspended, declared ineligible, orvoluntarily excluded from participation in this covered transaction, unless authorized bythe department or agency with which this transaction originated. 6. The prospective lowertier participantfurther agrees by submittingthis proposal that it will includeth is clause titled "Certification Regarding Debarment, Suspension, Ineligibility andVoluntaryExclusion–LowerTier Covered Transa ction,"with out modification, in all lower tier coveredtransactions and in all solicitations for lowertier covered transactions. 7.. A participant in a covered transaction may rely upon a certificationof a prospective participant in a lowertier coveredtran section that it is not debarred, suspended, ineligible, or voluntarily minded fromthe coveredtransacti OR, unless it knows that the certification is erroneous. A participant may decidethe method and frequency by which it determines the eligibility of its principals. Each participant may, but is not requiredto, check the NonprocurementList B. Nothing contained in the foregoing shalt be construedto require establishment of a system of records in orderto render in good faith the certification required bythis clause. The knowledge and information of a participant's not required to exceed that which is normally possessed by a prudentperson in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 cif these instructions, if a participant in a covered transaction knowingly enters into a lowertier coveredtransactionwith a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the, Federal Government, the department or agencywith which this transaction originated may pursue available remedies, inciuding suspension, and/or debarment. Certification Regarding Debarment, Suspension, Ineligibffity and Voluntary Exclusion—Lower Tier Covered Transactions (1) The prospective lowertier participant certifies, by submission of this propos al, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntary excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lowertier participant's unable to cehifyto any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 93 !OA Pe OP FuSitiOADEIWiWENT OP MANWORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) A-16 3M13042 PROCutiehilitif It is certified that neither the below Identified firm nor its principals are presently auspendect, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant/Contractor: By: Date: Instructions for Certification Instructions for Certification - Lower Tier Participants: (Applicable to all subcon(racts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $26.,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal. the prospective lower tier Is providing the certification set out below. b. The certification In this clause Is a material representation of fact upon which reliance was placed when Chis transaction was entered into. If it is later determined that he proapective tower Iler participant knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the department, ar agency with which this transaction originated may pursue available remedies, including suspenelon andfor debarment . The prospective lower tier participant shall provide !rimed late written notice to the person to which this prolapsel is eubmilted if at any time the prospective lower tler participant learns that le certification was erroneous by reason of changed circumstances. et The terms "covered transaction," "debarred," "suspended,"Ineligible,' "participant' "person." *principal," and "Vottietarily excluded," as used In this clause, are defined in 2 CFR Parts .180 and 1200. You may contact the person 19 which this proposal is submilted for assistance in obtaining a copy of Mose regulations. 'First Tier Covered Transactions' refers to any covered transaction between a grantee or aubgranitee of Federal fiends and a participant (such as the prime or general contract). '_014a Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 'First Tier Participant' refers to the participant who has entered into a cceared transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant wtio has entered Into a covered transaction with a First Tor Participant ar other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transficlion be entered into, It shall not knowingly enter Into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered Irensaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agreea by submitting this proposal that it will include thte clause tilted "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Eirclusion-Lower Tier Covered Transaction," wthhout modification, in all lower tier covered transactions and in all sollehations for lower Iler covered transactions exceeding the $21,00.0 threshold. g. A parlicipan1 in a covered tranaactlon nay rely upon a certilicatien of a prospective participant In a lower lier covered Ira rrsaolion that Is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification le erroneous. A participant le responsible for erearing that Its principals are not suaperided, debarred, or otherwise Ineligible to participate in covered transactions. To verify the elbgiblitly of Its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but Is not required 10, check the Excluded Parties Liet System website thttps://www.epls.govi), which Is compiled by the General Serdices Admintstration. h. Nothing contained In the foregoing shall be construed to require eabiblishment of a system of records to order to render in good faith the certification required by this clause. The knowled and information of participant is not required to exceed that which Is normally poasessed by a prudent person In the ordinary course of business deallegs. 1. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly entera Into a tower tier covered transaction with a person who is suspanded, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition 10 other remedies available to the Federal Government, the department Of agency with which this transaction originated may pursue avellable remedies, including suspension and/or debarment, BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 94 STATE OF FLORIDA DEPARTMENT or TRAN5PORTATION DISCLOSURE OF LOBBYING ACTIVITIES Is fhls form applicable to your firm? YES D NO If no, then please complete section 4 below for "Prime" 375-030-34 PROCUREMENT 02/16 A-17 1. Type of Federal Action: a. contract b, grant c, cooperative agreement d. loan e. loan guarantee f, loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. post -award 3. Report Type: a, initial filing b. material change For Material Change Only: Year: Quarter: Date of last report: (mm/dd/yyyy) 4. Name and Address of Reporting Entity, if known: 5. If Reporting Entity Address of Prime: in No. 4 is a Subawardee, Enter Name and ■ Prime ■ Subawardee Tier. , Congressional District, 7. Federal Program if known: Congressional District, if known: 4c 6. Federal Department/Agency: Name/Description: CFDA Number, if applicable: 8. Federal Action. Number, if known: 9. Award. Amount, $ if known: 10. a. Name and Address of Lobbying Registrant (If individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No, 10a) (last name, first name, M1): 11. thformation requested through this form is authorized by title 31 U.S.C. section 13,52. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This dlsclosui e is requited pursuant to 31 U.S.0 135Z This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000and not more than $100,000 for each such failure. Signature: Print Name: Title: Telephone No.: Date (mm/dd/yyyy): Federal u Only: Authouzed for Local Reproduction y Standard Form LLL Rev. 7-97 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 95 MIAMI BEACH 275.03044 PROCUREMENT 04/14 Page 2bf2 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and[or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city; State and zip code of the reporting entity, Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the lst tier, Subawards Include but are not limited to subcontracts, subgrants and contract awards under grants. 5: If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 0. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known, For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). if known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity Identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s)perforining services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless ft displays a valid OMB Control Number The valid OMB control number for this information collection is OMB No 0340-0040. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources. gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MI AMi BEACH 96 STATE OP PLONK/A DEPARTMENT a TRANSPORTATION Vendor Eligibility Chock Prior to Contract Award 11161110-41 INTOCUREMENT INNS Project Description(s): Financial Project Number(): In .accordance with State law: Section 287.133{2)(b), Florida Statutes, provides that public entities may not contract with firms that have been excluded from participating in the public contracting process. A public entity may not accept any bid, proposal, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017. F.S., for CATEGORY TWO with any person or affiliate on the convicted vendor list for a period of 36 months following the date that person ar affiliate was placed, an the convicted vendor list unless that person or affiliate has been removed; from the list pursuant to Section 287.133(3)(f), F.S. A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed on the 1:MIWIlEtect vendpr list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name agapears on the convected vendor list A-18 A contract award (reference 2 CFR 180.220) must not be made to parties listed on the government -wide Excluded Parties List System in the System for Award Management {SALVO, in accordance with the OM guidelines at 2 CFR 18.0 that implement Executive Orders 12549 {3 CFR Part 1986 Comp, p. 189l and 126E3 (3 CFR Part 1989 Comp., p. 235), 'Debarment and Suspension,' Pursuant to 23 CFR 172.704(34, contracting agency shall verify suspension and debarment actions and eligibility status of consultants and suboonsultants prior to entering into an agreement or contract in accordance with 2 CFR part 1200 and 2 CFR part. 180, when the identities of such subconsultants are known prior to execution of Ithe lubject agreement or contract. The Excluded Parties List System, in SAM contains the names of parties debarred„ sruspended, or otherwise excluded by agencies, as well as parties dedaredl ineigfibIeunder statutory. or regulatory authority other than, Executive Order 12549. The Convicted Vendor List/ Suspended Vendor List / Discriminatory Vendor List/ Federal Excluded Parties List/Vendor Complaint, Lists are available at the following Department of Management Services site: http://wwwdrns.myliarida.comibusiness operations/state purchasing/vendor in formationikbanvided suspended discriminatory complaints vendor lidsts 1 hawe checked the aforementioned, lists to verify that the vendor (arid all ulbs where known) is eligible for contract award/execution: ProcurementOffice or Contracting ,Awarding Office: Printed Name Signature Date: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 97 MIAMI BEACH APPENDIX B Required Forms (Post -Award) ATTACHMENT B-1: Form of Performance Bond ATTACHMENT B-2: Form of Payment Bond ATTACHMENT B-3: Certificate of Corporate Principle ATTACHMENT B-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit ATTACHMENT B-5: Insurance Requirements BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 98 MIAMI BEACH FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 99 B-1 MIAMI BEACH FORM OF PERFORMANCE BOND (Continued) B-1 or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion Tess 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: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAN\I BEACH 100 FORM OF PAYMENT BOND B-2 BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 101 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 ATTEST: Contractor (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.: B-2 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 102 B-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were). duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) (SEAL) 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. 20 Subscribed and Sworn to before me this day of My commission expires:. Notary Public, State of Florida at Large Bonded by BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 103 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds 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) B-4 up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 104 B-4 agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 105 B-5 INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. XXX 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. XXX 4. Professional Liability Insurance in an amount not less than $1,000;000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating "A" as to management and "Class V" as to financial strength or better, latest edition. XXX 9. The certificate must state the proposal number and title. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. A waiver of subrogation in favor of the City must be included for the policies required above. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 106 APPENDIX C Construction Forms ATTACHMENT C-1: Certificate of Substantial Completion ATTACHMENT C-2: Final Certificate of Payment ATTACHMENT C-3: Form of Final Receipt BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 107 MIAMIBEACH CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) TO (City): DATE OF ISSUANCE: BID/CONTRACT NUMBER: Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: C-1 The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MAMA BEACH 108 Consultant BY DATE C-1 In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 109 FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) TO (City): DATE OF ISSUANCE: Consultant: BID/CONTRACT NUMBER: Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: C-2 All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 110 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. C-3 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.] ATTEST: (Secretary) (Corporate Seal) incorporated sign below.] WITNESSES: By: day of , 20 . By: Contractor (Name of Corporation) (Signature) (Print Name and Title) day of , 20®[If not Contractor (Name of Firm) (Signature) (Print Name and Title) BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 111 APPENDIX D Minimum Qualification Requirements, Specifications, and Technical Plans ATTACHMENT D-1: Minimum Qualification Requirements ATTACHMENT D-2: Specifications and Technical Plans BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 112 M AMI BEACH Minimum Qualification Requirements: D-1 1. Licensing Requirements: Bidders shall be state certified and licensed General Contractor in the State of Florida to be considered for award. 2. Previous Experience: Bidders shall submit at least three (3) individual references exemplifying their experience in projects similar in scope and volume involving traffic control signal installation, pavement marking and signalization, ADA ramps, sidewalk construction, rapid rectangular flashing beacons, and school flashing beacons installation. References must be projects completed or in progress within the last five (5) years. For all references submitted, Bidders shall submit at a minimum the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. By submitting a bid, the bidder authorizes City Administration to contact the firm's stated references for the purposes of evaluation for this Project. Any information obtained from the references will not be disclosed to the Bidder. 3. Bidder must have the capability to provide a performance and payment bond for the project. The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter from an A -rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. 4. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. The City reserves the right to consider third -party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. Bidders may be required to submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a joint venture, each bidder involved in the joint venture must submit financial statements as indicated above. DO NOT include Financial Statements with your bid submittal. 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 113 D-1 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. Each Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No bids will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Bidder. The Bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. BID NO; 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 114 D-2 LIST OF PLANS & SPECIFICATIONS Line Sheet No./ Spec. No. Revision/Date Title / Description ARCHITECTURE 1 1/G-01 0/05-04-2016 COVER SHEET & INDEX OF DRAWINGS 2 2/S-1 0/05-04-2016 TABULATION OF QUANTITIES 3 3/GN 0/05-04-2016 GENERAL NOTES 4 4-6/EC-01 TO EC -04 0/05-04-2016 EXISTING CONDITIONS PLANS 5 7-17/PM-01 TO PM -10 0/05-04-2016 PAVEMENT MARKING PLANS 6 18/SP 0/05-04-2016 SIGNALIZATION PLAN 7 19-22/SD-01 TO SD -04 0/05-04-2016 STANDARD DETAILS 8 1/G-01 0/09-09-2016 COVER SHEET & INDEX OF DRAWINGS 9 2/GN-1 0/09-09-2016 LIST OF ITEMS 10 3/GN-2 0/09-09-2016 GENERAL NOTES 11 4/PM-1 TO PM -19 0/09-09-2016 PAVING MARKING AND SIGNAGE PLANS 12 5/STANDARD DETAILS 0/09-09-2016 STANDARD DETAILS 13 1/G-01 0/09-15-2016 COVER SHEET & INDEX OF DRAWINGS 14 2/GN 0/09-15-2016 GENERAL NOTES 15 3/GN-01 0/09-15-2016 TABULATION OF QUANTITIES 16 4/DM 0/09-15-2016 DEMOLITION PLANS 17 5 TO 14/PM-01 TO PM -08 0/09-15-2016 PAVEMENT MARKING PLANS 18 15/SD-01 0/09-15-2016 STANDARD DETAILS BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 115 APPENDIX E Sample Contract Exhibit A- FHWA Form # 1273 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 116 00600. CONTRACT: MIAMIBEACH 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. WIT N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. 2.1.1. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the date of the first notice to proceed, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties 2.1.2. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule, and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work; which shall also be the project initiation date. The Contractor shall submit all necessary documents required by this provision within ( ) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and twenty (120) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 117 with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion, 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand four hundred dollars ($1,400.00) 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 [ j This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an 'estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall not be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH iU'iIAMJ BEACH 118 stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lump Sum Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall not be limited to, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents, a release of liens and consent of surety relative to the work which is the subject of the application, and such other documentation as the City may revise from time to time. 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 other documentation required under Manager's instructions. 4-2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.2 The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in this Agreement. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 119 Thereafter, the City shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub -Section 43. Any reduction in retainage below five percent (5%) shall be at the sole discretion of the City after written request by Contractor. All requests for release of retainage shall be made in accordance with, and shall be subject to, the requirements of Section 255.078 of the. Florida Statutes, as may be amended. Except as provided by law, the City shall have no obligation to release or disburse retainage until Substantial Completion of the Project. Upon receipt by the Contractor of a Certificate of Substantial Completion pursuant to ITB Section 0500, Sub - Section 43, fully executed by the City establishing the Date of Substantial Completion, and after completion of all items on the punch list and/or other incomplete work, the Contractor may submit a payment request for all remaining retainage. It shall be the City's sole determination as to whether any of the items have been completed. For items deemed not to have been completed, the City may withhold retainage up to one and one-half times the total cost to complete such items. Any interest earned on retainage shall accrue to the benefit of City. City shall disburse the amounts withheld upon the City's acceptance of the completion of the items for which they were withheld. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the City. When the above grounds are removed or resolved satisfactory to the City, 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 (ITB Attachment D-6) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 120 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a final release of all liens arising out of this Contract; and consent of the surety to final payment; the final corrected as -built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 121 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: With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach Florida 33139 Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director For Contractor: 6.7 Assignment and Performance BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 122 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 123 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 Public Records City of Miami Beach is a public agency subject to Chapter 119, Florida Statutes. As required by Chapter 119, Florida Statues, the Contractor and all sub -contractors for services shall comply with Florida's Public Records Law. Specifically, the contractor and sub contracts shall: 6.13.1 Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service; 6.13.2 Provide the public with access to such public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; 6.13.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 6.13.4 Meet all requirements for retaining public records and transfer to the County, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the agency. 6.13.5 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Contract and the county shall enforce the Default in accordance with the provisions set forth in the General Terms and Conditions, Article 12. 7. Compliance with FHWA 1273 Contractors and subcontractors shall be at all times, in compliance with the requirements of FHWA-1273, attached hereto as Exhibit A. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 124 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: CITY OF MIAMI BEACH through its BOARD OF COMMISSIONERS, signing by and through its Mayor or Vice -Mayor, authorized to execute same by board action on the day of , 20 , and CONTRACTOR, Signing by and through , duly authorized to execute same. CITY ATTEST: THE CITY OF MIAMI BEACH, through its BOARD OF CITY COMMISSIONERS City Clerk Approved as to Surety Company Qualifications, Insurance Floor Requirements and Insurance Documentation: Risk Manager By Mayor day of , 20 Approved as to form by Office of City Attorney City of Miami Beach, Florida Raul Aguila, City Attorney 1700 Convention Center Drive, 4th Miami Beach, FL 33139 Telephone: (305) 673-6475 Telecopier: (305) 673-7002 By Assistant City Attorney BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 125 MIAMI BEACH CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: CONTRACTOR By (Name of Corporation) (Secretary) (Signature and Title) (Corporate Seal) (Type name/Title Signed Above) [If not Incorporated sign below.] WITNESSES: day of CONTRACTOR ,20 (Business Name) By (Signature) (Type name/Title Signed Above) day of , 20 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 126 All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as Addendums to the Contract Documents. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMIBEACH 127 Exhibit A FHWA Form # 1273 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 128 IL. III. IV. V. VI. VII VIII IX. X. XI. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General Nondiscrimination Nonsegregated Facilities Davis -Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Por Act and Federal Water Pollution Control Act Compliance with Governmentwide Suspension and Debarment Requirements Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) GENERAL 1 Form FHWA-1273 must be physically incorporated In each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert: this form in each subcontract and further require its inclusion in all lower her subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services) The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor, or service provider. Form FFIWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier' subcontracts (excluding subcontracts for design services, purchase or ders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subbontractor, lower tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA 1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -Her subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 1 FHWA-1273 Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment,temiination of the contract, suspension /debarment or any other action determined to be appropriate by the contracting agency and FHWA, 4, Selection of Labor: During the performance of tills contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who areon parole, supervised release, or probation. The term federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II, NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21,26 and 27, and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1_4(b) and, for all conslrubtion contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625 1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USG Section 140, the Rehabilitation Act of 1973,: as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27, and 23 CFR Parts 200, 230, and 633. The following provision is adopfed from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Departinent of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equalopportunity as set forth under laws, executive orders; rules, regulations (26 CFR 35, 29 CFR 1630, 29 CFR 1625-1627.41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall Constitute the EEO and specific affirmative action standards for the contractors project activities under BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MiIjMIBEACH 129 this contract. The provisions of the Americans with Disabilities Act 011990 (42 USC 12101 et seq.) set forth under 26 CFR 35 and 29 CFR 1630 areincorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will wok with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in (heir review of activities under the contract b. The contractor will accept as its operating policy the following statement. "Itis the policy of This Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability Such action shall include employment, upgrading, demotion, or transfer; reciuitmentor recruitmentadvertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including epprentibeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do SO. 3. Dissemination of Policy All members of the contractor's staff who are authorized to hire supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy arid contractual responsibilities to provide EEO in each grade and classification of employrtient. To ensure that the above agreement will be rnet, the following actions will be taken.. as a minimum: a. Periodic meetings of supervisory and personnel office. employees will be conducted before the start of work and then not less often than once every six months at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducled by the EEO Officer b All new supervisory or personnel office employee's will be given a thorough indoctrination by the EEC/Officer, covering all major aspects of the contractor's EEC) obligations within thirty clays following their reporting for duty with the contractor, c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEC) Officer in the contractor's procedures for locating and hiring minorities and women, d. Notices and posters. setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants folemploymentand potential employees. e. The contractors EEC) policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means BID NO: 2017 -106 -ZD 4. Recruitment: When advertising foremployees,-the contractor will include in all advertisements for employees the notation: 'An Equal Opportunity Employer," All such advertisements will be placed in publications having a large circulation among minorities and Women in the area from which the project work force would normally be derived. a. The contractor will, unless precltrded by evalid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women To meet this requirement, the contractor Will identify sources of potential minority group employees, and establish with 'such identified sources procedure§ whereby minority and women applicants may be referred to the contractor for employment consideration b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliancewdh EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such ifnplementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring upgrading, promotion, transfer, demotion, layoff, and termination, shalt be taken without regard to race, color, religion, sex, national origin, age or disability The following procedures shall be followed: a The contractor will conduct periodic inspections of protect sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. 6. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 9, The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to reaolve such Complaints, and will take appropriate corrective action within a reasonable tithe. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons: Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion:: a. The contractor wit assist inlocating. qualifying, and increasing the skills of minorities and women who are CITY OF MIAMI BEACH MIAMI BEACH 130 applicants for employment or current employees. Such efforts should be aimed at developing bill journey level status employees in the type of trade or job classification involved. b Consistent with the contractors work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d The contractor will periodically review the training and promotion potential of employees who are minorities and worsen and will encourage eligible employees to apply for such training and promotion 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below a The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such Information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such Information. d. In the event the union is unable to provide the contractor with a reasonable flow of refeials within the time limit set forth In the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals tinder the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The corn tractor must be familiar 3 with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a The contractor shall notify alt potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by re ference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available al reasonable times and places for inspection by authorized representatives of the contracting agency and the FFIWA a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2)The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391,. The staffing data should represent the project work force on board to all or any part of the last payroll period preceding the end ofJuly. If on-the-job training is being required by special provision, the contractor BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 131 will be required, to collectand report training data. The employment data should reflect the Work force on board daring all or any part of the last payroll period preceding the end of July HI. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, seX, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are hot assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Fedoral-ald construction protects exceeding $2,000 and to all related subcontracts and lower tier subconh acts (regardless of subcontract size). The_ requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt Contracting agencies may elect to apply these requirements to other projects. The following provisions arefrom the U.S Department of Labor regulations in 29 CFR 5.5 'Contract provisions and related matters"' with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due et time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made apart hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers andrnechahlcs. Contributions made or costs reasonably anticipated for bona ride fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions 4 of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed` to be constructively made or incurred during sireh weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and hinge benefits on the wage determination for the classification of work actually performed without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanises performing work inmore than one classiioalion rnay be compensated at the rate specified for each classification for the -lime actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers_ b.(1) The contracting officer shall requite that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and tinge benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in Ide Wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate Including any bona fide fringe benefits, bears a reasonablerelationship to the wage ratescontained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (If known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage -and Hour Division, Employment Standards Administration, U S Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receiptand so advise the rcontracting officer or will notify the con traciin g officer within the 30 day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classificalion or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties end the recommendation of the contracting officer, to the Wage and l -lour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 132 /MIAMI BEACH will notify the contracting officer within the 32 -day period that additional time is necessary. (4) The wage "rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b (2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract tem the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wagedetermmination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis Bacon Act have been met. The Secretary of Labor may require the contractor to set aside Ina separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be Withheld from the contactor under this contract, or any other Federal contract With the same prune contractor, or any other federally- assisted contract subject to Davis Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed Or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, atter written notice to the contractor, take such action as maybe necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved fora period of three years thereafter for all laborers and mechanics Working at the site of the work Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (includingrates of contributions or costs anticipated For bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis Bacon Act), daily and weekly number of hours, worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5 5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - 5 Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financiallyresponsible, and that Uie. plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits Contractors employing apprentices or trainees under approved programs shall maintain written evidence. of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees and the ratios and, wage rales prescribed in the applicable programs_ b.(1) The contractor shall submit weekly for each week in which any contract Work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(1), except that Tull social security numbers and home addresses shall not be included on weekly transmittals, Instead the payrolls shall only need to include an individually identifying nufnber for each employee ( e g_, the last four digits of the employee's social security number). The required weekly payroll information maybe submitted re any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at hlfp://www dor gov/esa/whd/forms/wh347inatr htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and curren t address of each covered Worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section Fora prime contractor to require a subcontractor to provide addresses and social securitymumbers to the prime contractor for its own records, without weekly submission to the contracting agency . (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information :required to be provided under §h 5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(I) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract. during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly florin the hill wages earned, other then permissible deductions as set forth in Regulations, 20 CFR. part 3, (iii) That each laborer or mechanic has been paid not less Than the applicable wage rates and tinge benefits or cash egaivafents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 133 MIAMI BEACH (3) The weekly subrnission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statemen t of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of file 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a of EMS section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FI -WA, or the Department of Labor, and Shall permit such representativestointerview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWAmay, after written notice to the contractor, the contracting agency or the State DOT, take such action as maybe necessary to cause the suspension of any kirther payment, advance, or guarantee of funds Furtherfnore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5,12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work al less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, orifa person is employed in his or her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or aState Apprenticeship Agency (where appropriate) 10 be eligible for probationary employment as an apprentice. The allowable ratio or apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted toOle contractor as to the entire Work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, Who is not registered or otherwise employed as Staled above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing Work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which Its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed Every apprentice must be paid at not lessthan the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly 6 rate speCified in the applicabfewage determination. Apprentices shall be paid fringe benefits in accordance With the provisions of the apprenticeship program If the apprenticeship program does not spool fyfringe` benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and: Labor Services, ora State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined ratefor the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U S Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee most be paid at not less than the rate specified in the approved prograrn for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination Trainees shall be paid fringe benefits in accordance with the praviSions of the trainee: program. If the trainee program doe's not Mention fringe benefits, trainees Shall be paid the Tull amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines Ilial there is an apprenticeship program associated with the corresponding journeyman' wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll al a trainee ratewho is not registered and parlicipating in a training plan approved by the Employment and Training Adininistrationshall be paid not1055 than the applicable wage rate on the wage deter min ation forthe classification of workactually performed. In addition, any trainee performing work on the job site in excess of the ratio' permitted under the registered program shall be paid not less than the applicable wage rate on the wage' determination for the work actually performed inthe event the Employment and Training Administration' withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employmenttopportunity. The utilization of apprenflces, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, es amended, and 29 CFR part 30. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 134 MIAMI BEACH d. Apprentices and Trainees (programs of the U.S. DOT) Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The: straight trine hourly wage rates for apprentices and trainees under such programs will be established by the particular prograrne. The ratio of apprentices and trainees to journeymen shall not be greater than peimilted bythe-terms of the particular program 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Farm FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with at the contract clauses in 29 CFR5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and s subcontractor as provided III 29 CFR 5.12. tf. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts1, 3, and fx are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of helaborstandards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department Of Labor set fodh in 29 CFR parts 5, 6, and 7' Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U,S. Department of Labor, or the employees or their representatives: 10. Certification of eligibility. a: Dy entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the oontraotor's'firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis Bacon Act or 29 CFR 5.12(a)(1): b. No part of this contract Shall be subcontracted to any person Or irrn ineligible for award of e Government contract by virtue of section 3(a)of the Davls-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed In the U S_ Criminal Code, 18-U S.G.1001 7 V. CONTRACTWORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in 099050 of 9100,000 and subject to the overtime provisions of the ContraotWork Hours and Safety Standards Act. These clauses,. shall be inserted in addition to the clauses required by 29 CFR 5,5(0) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1, Overtime requirements. No contractor or subcontractor contracting For any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek to which he or she is employed on such work to work in excess of forty hours to such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any Violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set for in paragraph (1.) of this section, in the sum 09910 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the dense set forth in paragraph (1.) 6ftbis section. 3. Withholding for unpaid wagesand liquidated damages. The FHWA or the contacting agency shall upon its awn action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such Contractor any other Federal contract with the `same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sumsas may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in theclause set forth in paragraph (2) Of this section.. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.)'ofthis section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Tile prime contractor shall be responsible for compliance by any subcontractororlower tier subcontractor with the clausesset forth in paragraphs (1.) through (4.) of this section. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 135 VI, SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal aid construction c0nirac(s on the National1-lighway System. 1 The contractor shall perform with its own organization contract Work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated.by the contracting agency. Specialty items may be performed by subcontract and the amount of any such Specialty item's performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractors own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the pnnie.contraetor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prince contractor, or any other assignees, The term' may include payments for the costs of hiring leased employees from an employee leasing' firm meeting all relevant Federal and State regulator yrequirements Leased. employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased. employees, (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prone' contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime caitractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specially Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose On the contract as a whole and in general are to be limited to minor components of the overall contract. 2 Tlie contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of matenal and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firth has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the WOrk) and (b) such other Of its own organizatonal resources (supervision, management; and engineering services) as the contracting officer detennines is necessary to assure the performance of the contract. 4 No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the coritiacing officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Wrhen consent will be given only after the contracting: agency has assured that each subcontract is evidenced in writing and that it contains all pertinent' provisions and requirements 'of the prime contract. 5' The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision J s applicable to all Federal -aid con0truchoh contracts and to all related subcontracts.. 1 In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contradtor shall provide all safeguards, safely devices and protective equipment and take any other needed actions as it determines, or as the contracting' officer may determine, to be reasonably necessary to protect the life and health of employees on the lob and the safety of the public and to protect property in connection' with the perfoi Mance of the work covered by the contract. 2. Itis a condition of this contract, and shall be made a condition of each subcontract which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee in performance of the contract, to work Ili surroundings or under conditions which are unsanitary, hazardous or dangerous to hos/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safely Standards Act (40 U.S.C. 3704) 3. Pursuant to 29 CFR 1926:3, It is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safely Standards Act (40 U.S C:3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T his p r o v i s 1 o n Es applicable to all Federal -aid construction contracts and to all related subcontracts In order to assure high quality and durable construction in conforniltywith approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, itis essential that all persons concerned' With the project perform their unctions as carefully, thoroughly, and honestly as possible Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a Violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form Ft -WA -1022 shall be posted on each Federal -aid highway project(23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 136 'Whoever, being an officer, agent, or employee of the United States, or of any Slate or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of Me material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission el plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be firmished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact In any statement, certificate, er report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under- this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, orsubcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include orcause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid Construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FI-IWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. Dy signing and submitting this proposal, the prospective first her participant is providing the certification net out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation In this 9 covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. Flowever, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. 1111 is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Goverment the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first her participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances_ e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in This clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee Ofsubgrantee of Federal funds and a participant (such as the prirne or general contract). "tower Tier Covered Transactions' refers to any covered transaction under a First. Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Parlicipant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 1. The prospective first her participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower Her covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into Ihls transaction, 9, Tthe prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarrnent, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, withal modification, in all lower her covered transactions and in all solicitations for lower her covered Transactions exceeding the $25,000 threshold. h. A participant in a covered Transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded frau the covered transaction, unless it knows that the certification Is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (Mips://www.enlscrov/), which is compiled by the General Services Administration. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 137 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and in formation of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Ale not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, thelt, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen properly; (3) Are not presently indicted fororolherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. 1111 is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which BID NO: 2017 -106 -ZD This transaction originated may pursue available remedies. inctuding suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted flat any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible,'—participant," "person,' "principal," and 'voluntarily excluded," as used in This clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 'First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participantwiho has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor) "Lower Tier Participanr refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered lransaclion, unless authorized by Iho department or agency with which this transaction originated. f The prospective lower tier participant further agrees by submitting this proposal that It will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered Transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction tnatis notdebarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification Is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to pat licipate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https-//www.epts.qov/) which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the cerliticalion required by this clause. The knowledge and intonation of participant is not requited to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 1 Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction wile a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 CITY OF MIAMI BEACH 138 MIAMI BEACH department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participating in covered transactions by any Federal depaitmentor agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. trIc XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aidconstruction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated runds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certificationis a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite. for making or entering into this transaction' imposed by 31 U.S.C, 1352, Any person who fails to file the required certification shall be subject to a dell penalty of not less than $10,000 and not rnore than $100,000 for each such failure. 3 The prospective participant also agrees by submitting its bid Or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly 11 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH /V\ 'MAI BEACH 139 ATTACHMENT A- EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALAC HIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965, 1, During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except. a. To the extent that qualified persons regularly residing in the area are not available. b, For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. e For the obligatioh'of the contractor to offer employment to present or former employees as the result of a lawful collective bai gaining contract, provided that the number of nonresident persons employed under this subparagraph (10) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place ajob order with the State Employment Service indicating (a) theclassifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent Information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give fa consideration to all qualified lob applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to pet form the classification of work required. 4. lf, within one week folloWing the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to: the contractor, Or less than the number requested, the State Employment Service will forward a certificate to the contractor Indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positrons covered by the certificate, holvilhstandnig the provisions of subparagraph (1c) above, 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource Materials native to the Appalachian region 12 6. The contractor shall Include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is 01 reasonably may be, done as on-site Work. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 140 APPENDIX F FDOT Supplemental Conditions F-1: FDOT Standard Specifications for Road and Bridge Construction F-2: Contractor Purchased Equipment for State or Local Ownership F-3: Prequalification F-4: Public Agencies in Competition with the Private Sector F-5: Publicly -Owned Equipment F-6: Salvage Credits FF®7: Standardized Changed Conditions Contract Clauses F-8: Davis -Bacon Wage Table(s) F-9: Patented/Proprietary Materials F-10: State (Florida or other)- produced Materials F-11: State/Local/Owned/ Furnished/ Designated Materials F-12: Equipment Rental Rates BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 141 MIAMI BEACH M1AMI BEACH F-1: FDOT Standard Specifications for Road and Bridge Construction 6-5 Products and Source of Supply. 6-5.1 Source of Supply—Convict Labor (Federal -Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal -aid highway construction projects to: 1. Materials produced by convicts on parole, supervised release, or probation from a prison or, 2. Materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 -month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. 6-5.2 Source of Supply -Steel: Use steel and iron manufactured in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through the final shaping and coating. If a steel or iron product is taken outside the United States for any manufacturing process, it becomes foreign source material. When using steel or iron materials as a component of any manufactured product (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply. Foreign steel and iron may be used when the total actual cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Submit a certification from the manufacturer of steel or iron, or any product containing steel or iron, stating that all steel or iron furnished or incorporated into the furnished product was produced and manufactured in the United States or a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual cost). Submit each such certification to the Engineer prior to incorporating the material or product into the project. Prior to the use of foreign steel or iron materials on a project, submit invoices to document the actual cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project From Section 7 (FHWA 1273, Wage Rates, E -Verify, Title VI, DBE, and On -The -Job Training): The FHWA-1273 Electronic version, dated May 1, 2012 is posted on the Department's website at the following URL address http://www.dot.state.fl.us/programmanagement/Implemented/URLinSpecs/Files/FHWA1273.pdf . Take responsibility to obtain this information and comply with all requirements posted on this website up through five calendar days before the opening of bids. Comply with the provisions contained in FHWA-1273. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 142 MIAMI BEACH If the Department's website cannot be accessed, contact the Department's Specifications Office Web Coordinator at (850) 414-4101. 7-16 Wage Rates for Federal -Aid Projects. For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor (USDOL) Wage Rates applicable to this Contract are listed in table below, as modified up through ten days prior to the opening of bids. (For complete table(s) refer to F-8: Davis -Bacon Wage Table(s)). Wage Rate Decision Number Associated Work FL171/06/ 2 01/06/2017 FL221_ _Highway Florida. County: Miami -Dade County in Obtain the applicable General Decision(s) (Wage Tables) through the Department's Office of Construction website and ensure that employees receive the minimum compensation applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. For guidance on the requirements for the payment of wages and benefits and the submittal of certified payrolls, and for general guidance and examples of multiple wage rates when assigned to a Contract, refer to the Department's Office of Construction website. Questions regarding wage rates and the applicability of wage tables should be submitted in accordance with 2-4. Contact the Department's Prevailing Wage Rate Coordinator at (850) 414-4688 if the Department's website cannot be accessed or there are questions. 7-24 Disadvantaged Business Enterprise Program. 7-24.1 Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract. 7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate." 7-24.3 Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: 1, A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 143 various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor's organization. 2. The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to-day basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. 3. Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: a. Soliciting price quotations and arranging a time for the review of Plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. b. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. c. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. d. Encouraging eligible DBEs to apply for certification with the Department. e. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. 7-24.4 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance System: 1. DBE Commitments - at or before the Pre -Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department's Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: 1. the procedures adopted to comply with these Specifications; 2. the number of subordinated Contracts on Department projects awarded to DBEs; 3. the dollar value of the Contracts awarded to DBEs; 4. the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; 5. a description of the general categories of Contracts awarded to DBEs; and 6. the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final payment and have them available' for inspection by the Department and the Federal Highway Administration. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH' 144 7-24.5 Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported. When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: 1. The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE's own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. 2. The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department -assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. 3. When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE's subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. 4. When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals. 5. The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. 6. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 7. Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. 8. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 145 DBE credit claimed for its performance of the work, and other relevant factors. 9. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. 10. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function. 7-24.6 Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors. 7-25 On -The -Job Training Requirements. As part of the Contractor's equal employment opportunity affirmative action program, t raining shall be provided as follows: The Contractor shall provide On -The -Job Training aimed at developing full journeymen in the type of trade or job classification involved in the work. In the event the Contractor subcontracts a portion of the contract work, it shall determine how many, if any, of the trainees are to be trained by the subcontractor provided, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this Section. Ensure that, when feasible, 25% of trainees in each occupation are in their first year of training. The Contractor shall incorporate the requirements of this Section into such subcontract. The number of trainees will be estimated on the number of calendar days of the contract, the dollar value, and the scope of work to be performed. The trainee goal will be finalized at a Post-Preconstruction Trainee Evaluation Meeting and the goal will be distributed among the work classifications based on the following criteria: 1. Determine the number of trainees on Federal Aid Contract: a. No trainees will be required for contracts with a Contract Time allowance of less than 275 calendar days. b. If the Contract Time allowance is 275 calendar days or more, the number of trainees shall be established in accordance with the following chart: Estimated Contract Amount Trainees Required $2,000,000 or less 0 Over $2,000,000 to $4,000,000 2 Over $4,000,000 to $6,000,000 3 Over $6,000,000 to $12,000,000 5 Over $12,000,000 to $18,000,000 7 Over $18,000,000 to $24,000,000 9 Over $24,000,000 to $31,000,000 12 Over $31,000,000 to $37,000,000 13 Over $37,000,000 to $43,000,000 14 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 146 MIAMI BEACH Estimated Contract Amount Trainees Required Over $43,000,000 to $49,000,000 15 Over $49,000,000 to $55,000,000 16 Over $55,000,000 to $62,000,000 17 Over $62,000,000 to $68,000,000 18 Over $68,000,000 to $74,000,000 19 Over $74,000,000 to $81,000,000 20 Over $81,000,000 to $87,000,000 21 Over $87,000,000 to $93,000,000 22 Over $93,000,000 to $99,000,000 23 Over $99,000,000 to $105,000,000 24 Over $105,000,000 to $112,000,000 25 Over $112,000,000 to $118,000,000 26 Over $118,000,000 to $124,000,000 27 Over $124,000,000 to $130,000,000 28 Over $130,000,000 to * *One additional trainee per $6,000,000 of estimated Construction Contract amount over $130,000,000 Further, if the Contractor or subcontractor requests to utilize banked trainees as discussed later in this Section, a Banking Certificate will be validated at this meeting allowing credit to the Contractor for previously banked trainees. Banked credits of prime Contractors working as Subcontractors may be accepted for credit. The Contractor's Project Manager, the Construction Project Engineer and the Department's District Contract Compliance Manager will attend this meeting. Within ten days after the Post-Preconstruction Training Evaluation Meeting, the Contractor shall submit to the Department for approval an On -The -Job Training Schedule indicating the number of trainees to be trained in each selected classification and the portion of the Contract Time during which training of each trainee is to take place. This schedule may be subject to change if any of the following occur: 1. When a start date on the approved On -The -Job Training Schedule has been missed by 14 or more days; 2. When there is a change in previously approved classifications; 3. When replacement trainees are added due to voluntary or involuntary termination The revised schedule will be resubmitted to and approved by the Department's District Contract Compliance Manager. The following criteria will be used in determining whether or not the Contractor has complied with this Section as it relates to the number of trainees to be trained: 1. Credit will be allowed for each trainee that is both enrolled and satisfactorily completes training on this Contract. Credit for trainees, over the established number for this Contract, will be carried in a "bank" for the Contractor and credit will be allowed for those surplus trainees in subsequent, applicable projects. A "banked" trainee is described as an employee who has been trained on a project, over and above the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 147 established goal, and for which the Contractor desires to preserve credit for utilization on a subsequent project. 2. Credit will be allowed for each trainee that has been previously enrolled in the Department's approved training program on another contract and continues training in the same job classification and completes their training on a different contract. 3. Credit will be allowed for each trainee who, due to the amount of work available in their classification, is given the greatest practical amount of training on the contract regardless of whether or not the trainee completes training. 4. Credit will be allowed for any training position indicated in the approved On -The -Job Training Schedule, if the Contractor can demonstrate that made a good faith effort to provide training in that classification was made, 5. No credit will be allowed for a trainee whose employment by the Contractor is involuntarily terminated unless the Contractor can clearly demonstrate good cause for this action. Training and upgrading of minorities, women and economically disadvantaged persons toward journeyman status is a primary objective of this Section. Accordingly, the Contractor shall make every effort to enroll minority trainees and women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees) to the extent such persons are available within a reasonable area of recruitment. If a non -minority male is enrolled into the On -The -Job Training Program, the On -The -Job Training Notification of Personnel Action Form notifying the District Contract Compliance Manager of such action shall be accompanied by a disadvantaged certification or a justification for such action acceptable to the Department's District Contract Compliance Manager. The Contractor will be given an opportunity and will be responsible for demonstrating the steps that it has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Section. This training is not intended, and shall not be used, to discriminate against any applicant for training, whether a minority, woman or disadvantaged person. No employee shall be employed as a trainee in any classification in which they have successfully completed a training course leading to journeyman status, or have been employed as a journeyman. The Contractor may satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established at the Post-Preconstruction Trainee Evaluation Meeting and approved by the Department. Graduation to journeyman status will be based upon satisfactory completion of a Proficiency Demonstration set up at the completion of training and established for the specific training classification, completion of the minimum hours in a training classification range, and the employer's satisfaction that the trainee does meet journeyman status in the classification of training. Upon reaching journeyman status, the following documentation must be forwarded to the District Contract Compliance Office: 1. Trainee Enrollment and Personnel Action Form 2. Proficiency Demonstration Verification Form indicating completion of each standard established for the classification signed by representatives of both the Contractor and the Department. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 148 The Department and the Contractor shall establish a program that is tied to the scope of the work in the project and the length of operations providing it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee for journeyman status in the classifications concerned, by at least, the minimum hours prescribed for a training classification. Furthermore, apprenticeship programs registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal Aid highway construction contract. Approval or acceptance of a training schedule shall be obtained from the Department prior to commencing work on the classifications covered by the program. A voluntary On -The -Job Training Program is available to a Contractor which has been awarded a state funded project. Through this program, the Contractor will have the option to train employees on state funded projects for "banked credit" as discussed previously in this provision, to be utilized on subsequent Federal Aid Projects where training is required. Those Contractors availing themselves of this opportunity to train personnel on state funded projects and bank trainee hours for credit shall comply with all training criteria set forth in this Section for Federal Aid Projects; voluntary banking may be denied by the Department if staff is not available to monitor compliance with the training criteria. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk -typists or secretarial type positions. Training is permissible in lower level management positions such as office engineers, estimators, etc., where the training is oriented toward construction applications. Training in the laborer classifications, except Common/General Laborer, may be permitted provided that significant and meaningful training is provided and approved by the District Contract Compliance Office. When approved in advance by the District Contract Compliance Manager, credit will be given for training of persons in excess of the number specified herein under the current contract or a Contractor will be allowed to bank trainees who have successfully completed a training program and may apply those trainees to a training requirement in subsequent project(s) upon approval of the Department's District Contract Compliance Manager. This credit will be given even though the Contractor may receive training program funds from other sources, provided such other source do not specifically prohibit the Contractor from receiving other form of compensation. Offsite training is permissible as long as the training is an integral part of an approved training program and does not compromise a significant part of the overall training. Credit for offsite training indicated above may only be made to the Contractor when it does one or more of the following and the trainees are concurrently employed on a Federal Aid Project: 1. Contributes to the cost of the training, 2. Provides the instruction to the trainee, 3. Pays the trainee's wages during the offsite training period. The Contractor shall compensate the trainee at no less than the laborer rate established in the Contract at the onset of training. The compensation rate will be increased to the BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH I\AIANii BEACH 149 journeyman's wage upon graduation from the training program for the remainder of the time the trainee works in the classification in which they were trained. The Contractor shall furnish the trainee a copy of the program they will follow in providing the training. The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. The Contractor shall enroll a trainee in one training classification at a time to completion before the trainee can be enrolled in another classification on the same project. The Contractor shall maintain records to document the actual hours each trainee is engaged in training on work being performed as a part of this Contract. The Contractor shall submit to the District Contract Compliance Manager a copy of an On -The -Job Training Notification of Personnel Action form no later than seven days after the effective date of the action when the following actions occur: a trainee is transferred on the project, transferred from the project to continue training on another contract, completes training, is upgraded to journeyman status or voluntary terminates or is involuntary terminated from the project. The Contractor shall furnish to the District Contract Compliance Manager a copy of a Monthly Time Report for each trainee. The Monthly Time Report for each month shall be submitted no later than the tenth day of the subsequent month. The Monthly Time Report shall indicate the phases and sub -phases of the number of hours devoted to each proficiency. Highway or Bridge Carpenter Helper, Mechanic Helper, Rodman/Chainman, and Timekeeper classifications will not be approved for the On -The -Job Training Program. The number of trainees may be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will have fulfilled the responsibilities of this Specification when acceptable training has been provided to the trainee as specified above. 7-28 E -Verify. The Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7-30 Title VI Assurance — DOT 1050.2A, Appendix A and Appendix E. 7-30.1 Appendix A: During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the US Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 150 (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the basis of race, color, national origin or sex in the selection and retention of sub -contractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for subcontractors, including procurements of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, or sex. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, order and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Florida Department of Transportation shall impose such Contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of the 7-30,1 through 7-30.6 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Contractor becomes involved in, or is BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 151 threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 7-30.2 Appendix E: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor" agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.0 § 324 et seq.), (prohibits discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 U.S.C. 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color national origins or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 7-31 Cargo Preference Act — Use of United States -flag vessels. Pursuant to Title 46CFR Part 381, the Contractor agrees 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, `on -board' commercial ocean bill -of -lading in English for each shipment of BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MAM BEACH' 152 cargo described in paragraph 1 of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. F-2: Contractor Purchased Equipment for State or Local Ownership (23 CFR 140; 2 CFR 200.313) Contractor Purchased Equipment for State or Local Ownership will not be acceptable under this contract. Refer to 23 CFR 140; 2 CFR 200.313. F-3: Prequalification (23 CFR 635.110, FS 337.14, F.A.C. Chapter 14-22 Use FDOT prequalified contractors for projects on the NHS and SHS and Class C projects. FDOT prequalified contractor is not required on NHS or SHS projects with a contract value under $250,000. Non SHS/NHS projects may use Local Agency prequalified contractors. Local Agency must use consistent qualifications and application of standards. F-4: Public Agencies in Competition with the Private Sector (23 CFR 635.112(e) The City of Miami Beach does not allow other Public Agencies to compete with or bid on construction projects against the private sector. F-5: Publicly -Owned Equipment (23 CFR 635.106) Publicly owned equipment shall not compete with privately owned equipment on this contract. Public owned equipment is defined as equipment previously purchased or otherwise acquired by the City of Miami Beach involved for use in its own operations. F-6: Salvage Credits (2 CFR 200.313) The City of Miami Beach cannot accept any credits for salvaged materials. The contractor is to take ownership and dispose of all materials that are not designated as the property of other parties, in both roadway and structures, found on the right-of-way, and all material in structures designated for removal. F-7: Standardized Changed Conditions Contract Clauses (23 C.F.R. § 635.109) (1) Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 153 (2) Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (ii) Upon receipt, the engineer will evaluate the contractor's request, If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 154 F-8: Davis -Bacon Wage Table(s) General Decision Number: FL170221 01/06/2017 FL221 Superseded General Decision Number: FL2016.0221 State : Florida. Construction. Type: Highway County: Miami -Dade County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (00) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all Contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the 00, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The E0 minimum wage rate will be adjusted annually. Additional information on contractor requirements andworker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0, 01/06/2017 * ELEC0349-002 02/29/2016 Rates ELECTRIC.IAN......................$ 31.11 Fringes 11.25 SUEL2013-039 08/1,9/2013' Rates Fringes CARPENTER $ 17.84 0.00 GEMENT MASON/CONCRETE FINISHER, Inaludea Form Work.....$ 15.49 0.00 FENCE ERECTOR $ 12.82 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine):....$ 15.07 0.00 HIGHWAY/PARKING LOT STRIPING:. Painter $ 12.13 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) $ 11.16 0.00 INSTALLER - GUARDRAIL.......: ... $ 13.43 0.00 IRONWORKER, ORNAMENTAL $ 13.48 0.00 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 155 MIAMI BEACH IRONWORKER, REINFORCING .... ......$ 18.43 0.00 IRONWORKER, STRUCTURAL....,, ... ..$ 16.42 0.00 LABORER (Traffic Control Specialist incl. placing of cones/barricades/barrel$ - Setter, Mover, Seeper).:.,..,...$ 11.59 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ......................3 12.31 0.00 LABORER: Common or General. ..$ 10.69 0.00 LABORER: Flagger $ 12.53 0.00 LABORER: Grade Checker .... $ 12.41 0.00 LABORER: Landscape & Irrigation.. $ 9.02 0.00 LABORERS Mason Tender - Cement/Concrete $ 13.91 3.50 LABORER: Pipelayer$ 15.02 0.00 OPERATOR: Backhoe/I0xcavator/Trackhoe..,....$ 16.24 0.00 OPERATOR: Bobcat/Skid. Steer/Skid Loader $ 12.88 0.00 OPERATOR: Boom...... ..... .... $ 18.95 0.00 OPERATOR: Boring Machine.:$ 15.29 0.00 OPERATOR: Broom/Sweeper......,$ 13.01 0.00 OPERATOR: Bulldozer...-. . .. $ 16.77 0.00 OPERATOR: Concrete Finishing Machine. ... . ............ . . . $ 15.44 0.00 OPERATOR: Concrete Saw..,...,$ 14.43 0.00 OPERATOR: Crane $ 22,46 0.00 OPERATOR: Curb Machine $ 20.74 0.00 OPERATOR: Distributor '.... $ 13.29 0.00 OPERATOR: Drill: $ 14.78 0.00 OPERATOR: Forklift. ... ... . $ 16.32 0.00 OPERATOR: Grada11 $ 14.71 0.00 OPERATOR: Grader/Blade $ 20.22 3.85 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 156 OPERATOR: Loader $ 15.53 0.00 OPERATOR: Mechanic.... ..... .. . $ 18.03 0.00 OPERATOR: Milling Machine $ 14.67 0.00 OPERATOR; Oiler.,.;,,,,,,. ,$ 16.32 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 13.61 0.00 OPERATOR: Piledriver......... ..$ 17.23 0.00 OPERATOR: Post Driver (Guardrail!Fences)...............$ 14.45 0.00 OPERATOR: Roller $ 13.67 0.00 OPERATOR: Scraper $ 12.01 0.00 OPERATOR: Screed $ 14.15 0.00 OPERATOR: Tractor $ 12.19 0.00 OPERATOR: Trencher. .. . . . . .....,$ 14.74 0.00 PAINTER: Spray........., .......,$ 16.52 0.00 SIGN ERECTOR....... $ 12.96 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation. ...-$ 19.07 0.00 TRUCK DRIVER: Distributor Truck... .. . . . . . ......... ... . $ 14.96 2.17 TRUCK DRIVER: Dump Truck......,.$ 12.19 0.00 TRUCK DRIVER: Flatbed Truck- $ 14.28 0.00 TRUCK DRIVER: Lowboy Truck---$ 15.07 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 0.06 TRUCK DRIVER: Vactor Truck $ 14.21 0.00 TRUCK DRIVER'. Water Truck$ 13.17 1.60 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this. contract is covered by the 60, the contractor must provide BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 157 employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care• to assist a family member (or person who is like family to the employed) who is i11, injured, of has other health-related needs, including preventive care; or for reasgta resulting from, or to assist a family member (or person who, is like family to the 'employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the E0 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not .included within the scope of the classifications listed may added after award only as provided in the labor standards contract clauses. (290M 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for She cited type(s) of construction in the area c0Vered by the Wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether th.e particular rate is a union rate (current union negotiated rate for local), a survey rate (weightedaverage rate) or a union average rate (weighted union average rate), Union Rate Identifiers. A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "5U" or "IAVG" denotes that the union classification and rate were prevailing for that classification in the survey, Example; PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example Would be Plumbers. 0198 indicates the 1oca1 union number of district council number where applicable, i.e., Plumbers Local 0158. The next number, 005 in the example, is an internal number usedin processing the wage determination, 07/01/2014 is the effective date of the most current negotiated rate., which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governi this classification and rate. Survey Rate Identifiers g Classifications listed under the "SU" identifier indicate that rib one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted: average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and. non-union rates. Example: SULA2012-007 5/13/2014. SU indicates BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH! 158 the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Sur"vey wage rates are. not updated, and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications, however, 1008 of the data reported for the classifications was union data. :EXAMPLE; UAVG-OH 0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number,, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier; A UAVG rate will be updated once a year, usually in January a:f each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the tate is based WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the. matter? This can *' an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position oh a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program If the response from this initial contact is not satisfactory, then the process described in 2-.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal Process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 159 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N,W. Washington, DC 20210 The requestshould be acc:ompanied by e full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3,) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 0.) All decisions by the Administrative Review Hoard are final. END OF GENERAL DECISION 0 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 160 MIAMI BEACH F-9: Patented/Proprietary Materials (23 C.F.R, $ 635.411) No patented processes or proprietary materials shall be used in this project. F-10: State (Florida or other)- produced Materials (23 C.F.R. § 635.409) Materials or articles produced by Florida state forces shall not be favored to the exclusion of comparable materials or articles produced outside of the state. F-11: State/Local/Owned/ Furnished/ Designated Materials (23 C.F.R. § 635.407) The City of Miami Beach shall not provide materials. All materials must be provided by the Contractor. F-12: Equipment Rental Rates (23 C.F.R. § 635.120) Rental equipment required to perform extra work as authorized by the Engineer, shall be paid for in accordance with the following: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older Construction Equipment," whichever is applicable, as published by Machinery Information Division of PRIMEDIA Information, Inc. (version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: (1) Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%. (2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100%. (3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. (4) Standby Rate = Allowable Hourly Equipment Rate x 50%. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Owner will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized on by Labor, as define above. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH MIAMI BEACH 161 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) APPENDIX A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price FOrm & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender Form: Non -Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6: Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information ATTACHMENT A-9: Supplement to Bid Tender Form: Sub -Contractors ATTACHMENT A-10: Supplement to Bid Tender Form: Davis Bacon Act ATTACHMENT A-11: Supplement to Bid Tender Form: Bid Certification, Questionnaire & Requirements Affidavit FDOT Required Forms ATTACHMENT A-12: FDOT Font # 525-010-46 ATTACHMENT A-13: FDOT Form # 375-030-33 ATTACHMENT A-14: FDOT Form # 375-030-40 ATTACHMENT A-16: FDOT Form # 575-060-13 ATTACHMENT FDOT Form # 375-030-32 ATTACHMENT A-17: FDOT Form # 375-030-34 ATTACHMENT A-18: FDOT Form # 375-030-91 BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 50 A M CONSTRUCTION, INC. 8950 NW 117TH ST HIALEAH GARDENS, FL 33018 PHONE: 305-456-4848 FAX: 786-558-7422 As part of AUM's response , AUM would like to give a line item breakdown of the price estimate provided for each of the schools within this project (listed below). • Biscayne Elementary School (FM 431499-1) $288,114.23 • North Beach Elementary School/Nautilus Middle School (FM 435478-1) $114,204.14 • Feinberg -Fisher K-8 Center (FM 4354794) $123,237.17 Sincerely, Humberto Ortiz AUM President Total cr.) (O H (ri if} $ 10,043.35I $ 17,500.00I $ 17,500.00I I •V} L^i M (.0 N Lri ion. 1 'V)• $ 450.70 I r 1 00 i/? I •V). $ 9,444.49 I if)• $ 12,425.66 I i/} 1 i/)• 1 •V? $ 23,732.94 0 O 0 M (o tn. t N to r -I ups • n. I i/}. I •(/1• I •Vl. 1 (.? I -VI- I •(/} Ili c-1 M c -I •V) r^I d' O N d' r1 •(/1• Unit Price $ 64,599.48 M HOHO (0 m V). o O O Lr) Vk u1 00 d' (0 i/)• o O O O d'' ih $ 131.58 0 0 O O 6n i/} CO (o N c -I ri -V). N N m (0 ri 00 i/} $ 12,500.00 $ 3.47 H N (0 <). $ 4.53 M M o0 i/} 0 o O (.n N ri -VI- 0 o O u'1 N •(/)• 01 0) r-1 01 t/} 0 0 O M i/1- Ln 01 d' N i/} r' (0 c-1 d' if)- N N d' O1 M r -I i/} 0 o O 0 0 N •V} 0 o O 0 Ln N i/} $ 20,000.00 N (o (A r -I d' i/) N M (0 N V). nO I M (13Z CO O 00 r. N 35 27 .0 40 0 d H 0 O 0 2724 O 2744 0 0 0 258 O N 247 0 0 0 0 0 0 u1 Total $ 4,832.04 01 N O Lr) H i/1- O 0 O O ul 00 ih 1.0 u1 u1 in 11) cu -1 i/)• O 0 O O 0 i 1. $ 3,947.37 1 •V} 0 m 0i d' u1 R i/} N m co - O co" in• O o O 0 V) i/} 01 m (0 N u1 NI ul. O o 0 0 0 ,-.1-•O •V}, co m 0 d' 0) if} $ 200.00 0 O O 0 0 O i/} O O O 0 0 N i/). (0 (o r` (0 (o Mms i/). O O O 0 M cr)s i/). N o0 01 00 0 Ln if). O O O 0 11) i/? d' d, d' CO CO N •(/} $ 8,000.00 0 O O 0 0 N i/} O O O 0 O d• i/} $ 5,000.00 $ 52.63 $ 288,114.23 Unit Price $ 64,599.48 ri (0 m i/? O O O 14 i/). r1 00 4 (0 if} O O O 0 d' i/? $ 131.58 O O O V) i/} $ 112.68 N M6 (o H 00 if} O O V) N- ri i/} d' M in. N L0 i/} LO d' 'V)° M 00 • •V} 00"0SZ'i $ O O (n N •V} 01 rI i/} $ 30.00 $ 24.95 (o ri d' •(/). $ 1,394.22 O O 0 0 (Ns i/? O O 0 Ln N -I i/} O O 0 0 O N i/k (o (O ri d •Vb M l0 N •V} biscayne 0.0748 364 77 Cr N r-1 0 CO 0 h (0 0.48 0.04 5055 r -I (0 ri 2416 24 00 CO (0 (0 CO 310 204 N r1 20 d' N N N r•1 N Description Cleaning and grubbing Removal of existing concrete single post sign 12sf single post sign 12-20ft single post sign 21-30ft signle post sign remove single post sign relocate retroreflective pavement marker painted pavement mark 6" yellow thermo standard white solid 8" thermo standard white solid 12" thermo standard white solid 18" thermo standard white solid 24" thermo remove ped signal ped signal rmove concrete sidwalk 4" RED detectable warning curb and gutter type F curb and gutter type D conduit open trench pulibox 13x24 (sign beacon solar 2 beacons rectangular flashing beacon (trench drain Ithermo white message In CU r -I rci c-10 0 10110-4 c -I r1 I c" 1 O N N 1 c"( O 0 N CO ri I r'1 O 0 N 0 (0 PI O 0 N 0 u1 ri O 0 N 10706-3 10710-11201 1711-11-122 1711-11-123 Cr ri 1 H H PI ‘-i r\ I.n 1 `� r-1 r` r\ r I 1 r-1 N O r-1 `, ri CO Ln (0 0 (0 H 1' 14 (0 0 H 1 N u1 0 N 1 N Ln 0 0 c� ,1 N V) 0 10520-2-4 1630-2-11 r••I 1-1 N (f) M (0 N N N c -I I O r, O 1654-2-12 ri 1 r I 1 M d' O 0 UD H N-1 1 r -I r\ O Total Price O O O® O O O ri in• O O O O Ln N i/} $ 76,500.00 I 0 0 0 0 0 Lf1 m i/} 0 0 0 0 0 d^ V} 0 0 0 0 0 O c-1 i/} 0 0 0 0 0 rl V} $ 8,000.00 I O O O O O d V} O O O 0 u1 V} $ 45,000.00 I 0 0 O 0 0 ri V} $ 48,000.00I 0 0 0 O N i/} 0 0 0 O O O ri V} 0 0 0 O O N i/} 0 0 0 O O N (ID V}. $ 30,000.00I O Oo O 0 Ln N r I V} O O 0 L/1 VF $ 34,855.55I O O O® O O O r-1 i/} O O 0 O O Ln V} $ 40,000.00 0 O O O O Ln V} 0 O O O in V} Ln in LA L!5 Ln In N Ln t/} price per unit 00 d- 01 01 Ln d' LD i/} Cr) r -I LD m V} O O O 0 IJ V} 648.15 O O O O O d` i/} 00 in rl m r1 V} O O O O Ln V} $ 112.68 $ 8,163.27 O O O 0 Ln N r1 i/} N d' m i/} H N l0 V} 4.53 m CO 00 V} O 00 O Ln N rl V} O O in N V} rn CT r-1 01 V} 0 O O m i/} $ 24.95 $ 41.67 $ 1,394.22 O 0 O 0 O Ni' i/} O 0 O 0 Ln N r1 if} O 0 O 0 0 O N i/} b lD CD r-1 d' V} N CO LD N V} price total 0 O O O 0 O i-1 i/} $ 25,000.00 $ 76,500.00 0 00 0 0 0 Ln m i/} 0 0 0 0 d' in. 0 0 0 0 0 O ,--i in. 0 0 0 0 0 ri i/} 0 0 0 0 0 co V). 0 0 0 0 0O d' in. $ 500.00 O O O O Ln d' in. O O O O O r- in. $ 48,000.00 O 0 0 0 N in- O 0 0 0 O O r1 i/} O 0 0 0 O N i/} O 0 0 0 O N co in- $ 30,000.00 0 O O 0 Ln N rI i/} $ 500.00 $ 34,855.55 0 O OO 0 0 O r-1 i/} 00.000`05 $ O O O O ci. d i/} O O O O O Lh V}. $ 500.00 Ln in LA Ln Lfl Lt N Lf1 VI - }01 Total Qty 0.1548 a) LC 153 54 r-1 N N N d: O 0.04 a) N ri LD 0 p r -I 24 00 00 674 1000 0 Ln (NI 25 Ln d' NN Total , V} CD m CD O CO ri V} O Or O, O Ln O N i/} $ 1,944.44 i/} N 01 00 N V} O O O O O N V} i V} i i/} , V} N r1.71- al N 0 00 rI i/} V} $ 24,633.96 V}. i/} V}. r i CT O) Ln d (f} O O O O er d:' ri i/} O Ln n d' N N V} V} r1 r1 r I N CS) ld. V} O O O O O N i/} O O O O O - Ln N V} i/} V} Ol N Ln rI m V} $ 123,237.17 Unit Price $ 64,599.48 m ri LO m t/} 0 O 0 O Ln t/} $ 648.15 0 0 0 0 O d' V} 131.58 0 O 0 0 Ln V} 112.68 $ 8,163.27 O O O 0 Ln N ri V} f� d: m V} ri N Co V} $ 4.53 m m 00 V} 0 O 0 Ln N ri V} 0 O 0 Ln N V} c, 01 ri 01 i/} $ 30.00 $ 24.95 N CO ri d' i/). N N r 01 m N V} O O 0 o 0 N V} O O 0 o in N ri V} O O 0 o 0 O N tr} N LD L ci ri d° i/} $ 26.32 a� t o I.J. L a 13 LL O O in r1 d' m O CD N 0 0 0 5200 0 5440 0 0 0 0 Ln 480 50 O Ln ri N O O 12 Ln Ln Ln Ln Ln Ln in i Grant Total TABULATION OF BID RECEIVED Invitation to Bid (ITB) 2017 -106 -ZD Safe Routes to School Construction at Biscayne Elementary School, Nautilus Middle School, North Beach Elementary School, and Feinberg -Fisher K-8 Center AUNT connt'ruction, Inca 1 Total (Total Oafs Old) 1 Recommended for award. A IBEACH City of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization, demobilization, Overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates, if applicable, may be selected at the City's sole discretion and based on funding availability. Bidders must submit this ITB Price Forty: fully completed, as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive. In the event of a discrepancy between the numerical total base bid (lump sum grand total) and the written total base bid, the written total base bid shall govern. PROJECT TITLE: ITB No. 2017 -106 -ZD SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG-FISHER K-8 CENTER COMPANY NAME:4./ LUMP SUM GRAND TOTAL: _5 2 555 . -5-5 Company: Address Line 1: Address Line 2: Telephone: Email: Signature: Title/Printed Name: Bidder's Affirmation: AUM Construction Inc 8950 NW 119 STRUT HIALEAH GARDENS FL 33018 3054564848 aumco struc io Htmbert outlook.com FAILURE TO SUBMIT THIS FORM WITH BID WILL RESULT IN BEING DEEMED NONRESPONSIVE. BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 51 A-1 BID TENDER FORM Submitted: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 07/14/2017 Date A-2 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 -106 -ZD SAFE ROUTES TO SCHOOL CONSTRUCTION AT BISCAYNE ELEMENTARY SCHOOL, NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEMENTARY SCHOOL, FEINBERG- FISHER K-8 CENTER The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the Written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 52 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: A-2 411 11 1,:''ot,14f4,1'44 71 .,1'441'4,772i171/4i4 0°4 4411 1,0 Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 JULY 3, 2017 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Amendment 10 Attached is a Bid Bond EI Cash 0, Money Order 0, Unconditional Letter of Credit 0, Treasurer's Check 0, Bank Draft 0, Cashier's Check 0, or: Certified Check 0 No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: AUM CONSTRUCTION INC. Address Line 1: 8950 NW 119 STREET Address Line 2: HIALEAH. GARDENS FL 33018 Telephone Number: 3054564848 E-mail Address: aumconstrtwtionPoutlook,com Social Security Number: OR Federal ID. Number: 208608887 If a partnership, names and addresses of partners: Dun & Bradstreet No.: (Sign below if not incorporated) WITNESSES: BID NO: 2017 -106 -ZD 4 1_. (Typeern, (Type or Print Name of Bid (Signature) (Type or Print Name Signed Above) CITY OF NIIAMI BEACH 63 (51, n lq_migyyji o ATTEST: $ r (CORPORATE SEAL) AUM CONSTRUCTION INC (Ty.e or Print Name of Corporation) ignature and Ti le) HUMBERTO ORTIZ DENT (Type or Print Name Signed Above) Incorporated under the laws of the State of: BID NO: 2017406 -ZD CITY OF MIAMI BEACH 64 A-2 M I AM 1 BEAC H Procurement Department, 1755 Meridian Avenue, I` Floor. Miami Beach, Florida 33/39, wvw.nxamxeovoo.go". 305'673 -/*90 ADDENDUM NO, 1 INVITATION TO BID NO. 2017 -106 -ZD SAFE ROUTES TOSCHOOL CONSTRUCTION AFB/8CAYNEELEMENTARY SCHOOL NAUTILUS MIDDLE SCHOOL, NORTH BEACH ELEK�ENTARYSCHOOL, FE/NBERG'RGHERK'8CENTER (the ITB) July 3, 2017 This Addendum to the above -referenced ITB is issued in response to questions from prospective biddersor other c�dUmaWonsand rev��no�ouedbythe City. The ITB bamended inthe bd�w�gpa�co�sno|� 'I. CLARIFICATIONS: ITB DUE DATE ANO TIME. The deadllne for the receipt of bids is on FridaJul 14 2017 until 3:00 p.m., at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3(d Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. Any questions regarding this Addendum should be subrnitted 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 Contact: I Telephone: Zuleika Davidson u05-673-7000ext, 8g4 ---------- 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. ely, Deni iocum n-�D|nmmr _'__ ITB 2017 -106 -ZD Addendum 1.11 7/3/2017 Page 1of1 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR UALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has been in possession of these licenses, certifications, and/or registrations. License/CertificationfflReg istration# # Years EC •e A-3 mo......10•••••n...10 WIN•••••lI•.A.•••••••• 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individuaL 3. What business are you in? Genreal Contractor and Traffic signal 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. AUM currently has 3 safe route to school projects with Miami -Dade of over 1.5 million 5. Have you ever failed to complete any work awarded to you? If so, where and why? NO 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. Humberto ortiz 305-345-5347 8950 NW 119 street surety: furman insurance Robert Menedez 305-331-8004 7. References & Past Performance. Bidder shall submit at least three, (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) COntact's Email and 6) Narrative on Scope of Services Provided. BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 58 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co -venture, list the information for all co -venturers): a. Name of Project b. Owner and Point of Contact (Minimum of Phone Number & E-mail Address) c, Original Contract Value d. Current Contract Value e. Projected Date of Completion per Contract f. Percent (%) Completion to Date of Bid Submittal 9, Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? E Yes ONo 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary, If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: AUM Construction Inc. B. The business is a: EXSole Proprietorship CI Partnership LI Corporation C. The address of principal place of business is: 8950 NW 119 Street Hialeah gardens 33018 D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: A-3 Humberto Ortiz President Juan Aracil Secretary BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH j t 56 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. N/A F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. N/A G. List and describe all successful Performance or Payment Bond claims made to your surety(les) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). N/A H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. N/A BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH A k 57 A-3 I. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. N/A J. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, please provide details. N/A K. Under what conditions does the Bidder request Change Orders? Unforseen circumstances not under contract L. Provide the names of all individuals or entities (including your sub -consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. N/A BID NO: 2017-1062D CITY OF MIAMI BEACH 58 r, t A-3 A31 11. Individuals or entities (including our sub -consultants) with a controlling financial interest have have net contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commistioner for the City of Miami Beach, Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. N/A 12. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? OYes QIN° 13. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? ElYes [21\lo If the answer to either number 12 or 13 is yes, attach a written detailed explanation. 14. Is the business entity owned by a certified service -disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran -owned Business? ElYes RN° BID NO: 2017.106 -ZD CITY OF MIAMI BEACH E.),( 41,, 69 CONTRACTOR UALIFICATION STATEMENT VALIDATION: A-3 The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name Title: Print Name of Firm Address ,44 IF CORPORATION Wir Signature Humberto Ortiz Print Name Title: President WITNE Signat %--,25 610.--c/ 4 /80,.)4,1q Print Name Title: 03•1i Attest: BID NO: 2017 -106 -ZD AUM Construction Inc. Print Name of Corporation 8950 NW 119 Street Hialeah Gardens 33018 Address (CORPORATE SEAL) CITY OF MIAMI BEACH F3f /ICH 60 SUPPLEMENT TO BID/TENDER FORM: NON -COLLUSION CERTIFICATE A-4 THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this day of 20j2 The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2014 -095 -SR. SIGNA Humberto Ortiz PRINTED NAME President TITLE (IF CORPORATION) BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH CH 61 SUPPLEMENT TO BID/TENDER FORM: DRUG FRE e 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; A-5 (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 (3) (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 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: (5) (1) Abide by the terms of the statement; and (II) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; 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: (1) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH AC 62 SUPPLEMENT TO BID/TENDER FORM: 121312,AgEggE STATE OF COUNTY OF Miami Dade Florida AUM Construction Inc. (Print Vendor Name) A-5 The foregoing instrun)ent 9/as aknowleci9ed before me this _// day of .3- 2021, by /41ov6 (0a440 ea >z, ?.. . as g 4(name of person whose signature is being notarized) ec,Ds 1 (title) of iquict 6vp42 0 r )t/nvi cT).----.. ___.... (name of corporation/company) known to me to be the person described herein, or who produced as identi 'cation, and who did/did not take an oath. My commission expires: BID NO: 2017 -106 -ZD JO.. ANL Ala, .4111, Ail AM A., AILa „Ol'Alokr, SAIRIS GARCIA BOTANA Notary Public • State of Florida 41 Commission # GG 52613 tt My Comm, Expires Dec 5, 2020 if4,0 Bonded through National Notary Assn rglitimmiroirmtePoiregirvermermAwArmersammk CITY OF MIAMI BEACH 63 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who Is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over $100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 64 A-6 A-61 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domettic Partners; The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or In conjunction with a religious organization, association or society; The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional A/E, landscape A/E, or survey arid mapping services procured pursuant to Chapter 287,055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan, The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption, 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 65 A.6] with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits, 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? lf a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. BID NO: 2017 -106 -ZD Balance of Page Intentionally Left Blank CITY OF MIAMI BEACH i'•°“\"::H 66 MIAMIBEACH DECLARATION: NOND SCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: AUM Construction Inc. A-6 Name of Company Contact Person; Humberto Ortiz Phone Number: 305-345-5347 Fax Number; 786-558-7422 E-mail; ho@auminc.us Vendor Number (if known); Federal ID or Social Security Number: 208608887 Approximate Number of Employees in the U.S,; 24 (If 50 or Tess, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union name(s); Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees It will not discriminate; a NO answer means your company refuses to agree that it will not discriminate, Please answer yes or no to each category. F. Race -Yes _ No 0 Sex _-"Yes No FYI Color /Yes _ No 0 Sexual Orientation ..Yes __ No 0 Creed !Yes _ No 0 Gender Identity (transgender status) iieles _ No O Religion ..!:Y'es _ No 0 Domestic partner status %Yes _ No l National origin ,fes _ No 0 Marital status es No o Ancestry 4'Yes _ No 0 Disability !des _ No o Age /Yes _ No 0 AIDS/HIV status _/Yes No / O Height /Yes _ No 0 Weight /Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Ple se note: you must answer this question, even if you do not Intend to enter into any subcontracts, /Yes No BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 67 Question 2. Nondiscrimination Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? 1 1 YES X NO B, Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? X YES NO A-6 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 Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health NO NO Sick Leave YES YES Family Medical Leave YES YES Bereavement Leave NO NO If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamib oh ov/ • rocurement/ BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 68 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked ih Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes ,/No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing Is true and correct, and that I am authorized to bind this entity contractually. Execute. this /_/ Si Humberto Ortiz , in the year 2 O) '? , at 2„.' 0 0 , p/'i 8950 NW 119 Street Mailing Address Hialeah Gardns FL 33018 Name of Signatory City, State, Zip Code President Title BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 69 A-6 MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondlscriminatjon in Contracts and Boneflts Submit this form and supporting documentation to the City's Department of Procurement Management ONLY IF you A. benefits;Have taken all reasonable measures toend discrimination in' B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submlt the following information with this form: 1. Tho names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits: D. The dates on which such benefits providrs were contated; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Ariy other information you feel is ro/nvnnttodonumentin8 your inability to end discrimination in bnnef|tm, ino|udinQ, but not limited to, reference to federal or state laws which preclude the ending of discriminatlon in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing Is true and correct, and that I am authorized to bind this entity contractually. Constructi Inc Nam of Company (p ase print) re Humberto Ortiz 8950 NW 119 Street Mailing Address of Company Hialeah Gardens City, State, Zip 305-456~4848 Name of Signatory (please print) Telephone Number President Title BID NO: 2017 -106 -ZD 07-14-2017 Date A-6 CITY OF MIAMI BEACH j Definition of Terms A. Reasonable Measures A-6 The City of Miami Beach will deterMine whether a City Contractor has taken all reasonable measures provided by the Cty Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits provldersidentified and contacted, in wrlting, by the City Contractor, and writtsn documentationhomthesepmvidorsthedthoyw|Umotpnovida«qualbenefito| 2. The existence of benefitS providers willing to offer equal benefits to the City Contractor; and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits, B. Cash Equivalent "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in Iieu of providing Benefitsto the employees' Domestic partner (or spouse,if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse, Cash EquivalenThe cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health bonaOte, the cost to the Contractcr of the Contractor's share of the single monthly premiums that are being paid for the domestic partner ennp|oyee, to be mid on a regular basis while the domestic partner empoyee maintains the suoh insurance in force for himself or herself. C. For family medical |eove, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 71 MIAMIBEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination inContracts and Benefits This form, and supporting doounnentation, must be submitted to the Department of Procurement Management by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach addltional sheets as necessary. A. Open Enrollment Ending discrimination In benefits may be d&ayed untll the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Department of Procurement Management evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to betefits for which an open enrollrnent process is Date nexbenefits plan yeabegins: Date nondlscriminatory benefits will be avaiIabo: year round Reason for Delay: NIA Description of offorts beirig undertakn to end discrimination in benefits: N/A BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 72 .F.!..?�(h B. Administrative Actions and Re uest for Extension Ending discrimination in benefits may be deayed to allow admnisfratve steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy nav|o|onm, and the devefopment and distribution of employee communications. Description of administrative steps and dates to be achieved: N/A If requesting extension beyord three months, please oxplain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes 611 reasonable measures to end discriminatiori in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that tho City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise outhodoed in writing by the Procurement 0rector, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract wlth the CIty s entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed byocollective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2. above); and • A cash equivalent payment will be provided to eligible employees for Whom benefits are not BID NO: 2017 -106 -ZD A-6 CITY OpMIAMI BEACH ��� �b��k�H 73 A-6 I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. AUM Construn Inc. 8950 NW 119 Street ase print) Mailing Address of Company ure Humberto Ortiz Name of Signatory (please print) President Title Hialeah (Yard .ns �O1$ City, State, Zip 305-456-4848 Telephone Number 07-14-2017 Date BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 74 43E4, '.I SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE, (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Description N/A Unit Quantity Unit Price Price Total $,_ Extended Method UM Construe on Inc. A-7 ed S`gnature o '• *e BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 75 CONSIDER TION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 1:1 Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive.] BID NO: 2017 -108 -ZD CITY OF MIAMI BEACH 76 RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. A-8 N/A BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 77 INVITATION TO BID (ITB) No. ITB TITLE SUB -CONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor (Telephone and fax no. Name: N/A Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: BID NO: 2017 -106 -ZD Work to be completed All work will be perfo °!o of Work to be performed riled by AUM (Attach additional forms if necessary) CITY OF MIAMI BEACH 78 A-9 O STATEMENT OF COMPLIANCE: DAVIS BACON ACT A-10 No. FIN: 435478-1, 431499-1, 435479-1 Contract No. 2017-106ZD Project Title Safe Route to schools The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated -3-0/ ,20 STATE OF COUNTY OF ) SS Th- foregoing instrument was 20/2, by to me or who identification and who did/did not take WITNESS my hand and official (NOTARY SEAL) SAIRIS GARCIA SO TANA Notary Public - State ot Florida Commission # GG 52613 es My Comm. Expires Dec 5, 2020 •%0 Bonded through National Notary Assn. My commission expires: BID NO: 2017 -106 -ZD By: AUM Constru lion inc. Contractor (Signature)W' By: Humberto Ortiz President (Print Name and Title) cknpwleidged befpre me this vike.6ea,/e) 0446/ has produced /4/ day of who is as an oath. seal, this /4/ day of D7.)/ , 20 . (Signature person taking acknowledgment) -L5alro orqp (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) CITY OF MIAMI BEACH A t,7H 79 A-10 ADDITIONAL ARTICLES: Federal Grant Proiects 1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through the Department of Housing and Urban Development, federal assurances must follow the grant application ih addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this appendix (next page). BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH E AC -1 80 A-11 Solicitation No: Solicitation Title: Procurement Contact; Tel: Email; STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated, This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1, General Proposer Information. FIRM NAME; AUM Construction Inc. NO OF YEARS IN BUSINESS; 11 NO OF YEARS IN BUSINESS LOCALLY;11 NO OF EMPLOYEES: 24 OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS; N/A FIRM PRIMARY ADDRESS (HEADQUARTER 4-7---- 8950 NW 119 Street CITY: Hialeah Gardens STATE; Florida ZIP CODE: 33018 TELEPHONE NO,: 305-456-4848 TOLL FREE Na; N/A FAx No.: 786-558-7422 FIRM LOCAL ADDRESS; Same CITY: STATE: ZIP CODE; PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Humberto Ortiz ACCOUNT REP TELEPHONE NO.; 305-345-5347 ACCOUNT REP TOLL FREE NO,; ACCOUNT IREP EMAIL: ho@auminc.us FEDERAL TAX IDENTIFICATION NO.: 2086088887 The City reserves the right to seek additional information from proposer 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 proposer to perform In accordance with contract requirements, BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH .e'a• 81 1. Veteran Owned Business.is Pro oser claiming a veteran owned business status? YES X NO A-11 SUBMITTAL REQUIREMENT: Proposers 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. 2. Conflict Of Interest. All Proposers 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 Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates, SUBMITTAL REQUIREMENT: Proposers 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. Proposers 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 Proposer entity or any of its affiliates References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-.erformance by any public sector agency? n YES ® NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers 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, Proposers 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. 6. 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 Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, 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: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer 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/. BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 82 7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.921hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI -U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate In any particular year, if it determines it would not be fiscally sound to implement same (in a particular year), Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www,miamibeachfl.govlprocurementt. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 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. D. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO E. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO X F. 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 Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health O NO Sick Leave Y YES Family Medical Leave YES Bereavement Leave 0 If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there ere 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 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 83 A-11 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, Proposer agrees with the requirements of Section 287,133, Florida Statutes, and certifies it has not been placed on convicted vendor list, 10. Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. 11, SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. shall-aagrree-that-ae-travel shat he-City-te-No servis-previd-. . • SUBMITTAL—R€Qt! lamittal-tS"reOr —By -virtue -e -exec ting - 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation, This Acknowledgement of Addendum section certifies that the Proposer 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 Receipt Addendum 6 Initial to Confirm Receipt Addendum 11 Addendum 12 _ Addendum 1 Addendum 2 Addendum 7 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. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 84 A-11 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 Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, 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 Statement of Qualifications, may accept or reject Statement of Qualifications, and may accept Statement of Qualifications 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 Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications 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 Proposals. 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 an these contents, or on any permitted communications with City officials, shall be at the recipient's own risk, Proposals 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 Statement of Qualifications 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 Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. 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 Proposals will be bound only as, if and when a Statement of Qualifications, 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 Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications 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. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications, the Proposer 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 Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained In the Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals 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 govem. 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, BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 85 'PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer 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; proposer 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; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer 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 Statement of Qualifications Certification, Questionnaire and Re.uirements Affidavit are true and accurate, Name of Proposer 's Authorized Representatl e: Humb rto Ortiz Title of Proposer 's Authorized Representative: president Signature of Pro oser's Au orized Repr. s: tative: Date: 7/14/2017 State of FLORIDA ) On this qday of 7-u , z0L?ersonaliy ,� appeared before me Nu w &r�ho County of /client", Lc%) stated that (s)he is the rev', i of ,q 04 Consf. uc), 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: BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 86 SAIRIS UARCIA BOTANA Notary Public • State of Florida Commission # GG 52613 My Comm, Expires Dec 5, 2020 Sottdethrough National Notary Assn, .M STATE OF f CORIOA DEPARTMENT 00 TRANSPORTATION LAP CERTIFICATION OF CURRENT CAPACITY CONFIDENTIAL For bids to be received on 0 7 (Letting Date) A-12 525.010-16 PROGRAM MANAGEMENT WOO Paw 1o12 Fill in your FDOT Vendor Number VF _29.13.6__QUE (Only applicable to FDOT pre.quallfled contractors) CERTIFICATE I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown ori the "Status of Contracts on Hand" report (page 2) f(8S q0c__ I further certify that the "Status of Contracts on Hand" report (page 2) was prepared as follows: 1. If the letting Is before the 25111 day of the month, the certificate and report reflect the uncompleted work as of the 15u1 day of the month, last preceding the month of the letting. 2. If the letting is after the 25a day of the month, the certificate arid report reflects the uncompleted work in progress as of the 1501day of the month of the letting. 3. All new contracts (and subcontracts) awarded earlier than five days before the letting dale are included in the report and charged against our total rating. I certify that the information above is correct. Sworn to and subscribed this ig day of /71 , 20 I SAIRIS GARCIA BOTANA Notary Public - State of Florida *I Commission * GG 52613 My Comm, Expires Dos 5, 2020 8°thuro gh National Notary Assn. Agiitk BID NO: 2017 -106 -ZD AUM Construction Inc. NAME OF FIRM By: A/1C)46W% _ 12- Title CITY OF MIAMI BEACH i 87 tO UNCOMPLETED AMOUNT TO BE DONE BY YOU AS , SUBCONTRACTOR AS PRIME CONTRACTOR i) (4 0 ..... I..1' amounts to be snown to nearest t1UU.. 1 ne contractor may consolidate and Ilst as a single item all 1 1 i TOTAL UNCOMPLETED WORK ON contracts which, individually, do not exceed 3% of total, and which, in the aggregate. amount to less than 1 HAND TO BE DONE BY YOU 20% of the total. I 1 (TOTAL COLUMNS 5 AND 6) I I AMOUNT BALANCE OF SUBLET CONTRACT TO OTHERS j AMOUNT t,n I, in ‘.., ck u,- PROJECTS CONTRACT (OR OWNER. LOCATION AND DESCRIPTION SUBCONTRACT) AMOUNT (Is N. v) ) (1 VI cl) .'• N il\, , • (1) ,\J •-' , .1' ., '‘V\I .(''•) 0 Q'i . \ N *4 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 88 PROCUREMENT OM cnzoIFzoxcrrom FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL -AID CONTRACTS (Compliance with 48CFR.Section 3o.188(b)) The prosot|epadioipantcerUMeo.byoign|nUth|onnrh5noUnn,(hethzthebnotofh|oor her knowledge and beUef (1) No federal appropdated funds have been pald or will be pad, by or on behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federat contract, the making of any federai grant, the moking ofany federal loan, the entering into af any cooperaUve agreement, arid the extension, continuation, renewal, amendment, or Modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for infld federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress federal contract, grant, loan, or cooperative agreement, Form -LLL, "Disclosure of Lobbying Activities", in accordance with Its instructions. (Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional Services AdMinistrator or Procurement Office.) This certification isumaterial representation of fact upon which reliance WBS placed when this transaction was made or entered lnto, Submission of this certication is a prerequisite far making or enteringinto this transactlon imposed by Section1352`Title 31, U.S. Code. Any person who falis to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for eaeh such failure, The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in ail lower tier subcontracts, which exceed $100,000 and that all such ubrecipients shall certify and disclose accor|ngly. Name of Consultant: 0y:4^*4e% 6u4Dabe �,,�z3/ Authorize h* Title: President BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 89 A-13 Advertisement No.: STATE OF F 4G01IDADEPARTMENT G% TRANSPCRTAT.;;H CERTIFICATION OF USE OF SUBS & ALL LOWER TIER SUBS A-14 975.0'20 40 Pt4c ,IREMEST T? iJ Financial Project No.: ' ' 4 - Project Description: S1 e oite to C o0 I, the undersigned, certify that I have disclosed all subs and lower tier subconsultants/sub-vendors proposed to be used by my firm to perform services on the subject FOOT contract. In accordance with Section 7A of the Standard Professional Services Contract, I understand that The Consultant will not sublet, assign or transfer any work under this Agreement to other subconsultants/sub-vendors not specified in the Agreement without the written consent of the Department. I will comply with the aforementioned FDOT contractual requirement. Additionally, I certify that all rates proposed by my firm in the fee proposal do not reflect blending of costs with subs and all lower tier subconsultants/sub-vendors. I further certify that either: (Indicate choice by checking box) Ek There are no subs or lower tion subconsultants/sub-vendors to my consultant firm on this contract. Or ❑ 1 have disclosed all subs and lower tier subconsultants/sub-vendors to my firm, and the full list of subs and all lower tier subconsultants/sub-vendors who may be utilized by my firm on this contract is provided below: Firm Name: Signature: AU Co str icti n Inc. Name of Certifying Official (Print): Title: President ulnberto ortiz Date of Certification: BID NO: 2017 -106 -ZD 07-14-2017 CITY OF MIAMI BEACH 90 NON -COLLUSION DECLARATION AND COMPLIANCE TH 49 CFR § 29 A-15 ITEM/SEGMENT NO.: FAP. NO.: 43547/1-1,411499-1,435479-1 MANAGING DISTRICT: _tha1ica_6 PARCEL NO.: COUNTY OF: Miami-dade BID LETTING OF: 07-14-2017 Humberto Ortiz President (NAME) of Hialeah GardengITLE) of AUM Construction Inc. (FIRM) hereby declaie that! am (CITY AND STATE) and that I am the person responsible within my firrn for the final decision as to the price(s) and amount of this Bid on this State Project. I further declare that 1. The prices(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neitherthe price(s) nor the amount of this bld have been disclosedto any other firrn or erson who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from bidding on MIS project or to submit a bid higherthan the bid of this firm, or any intentionally high or non-competitivebidar other form of complementary bid. 4. The bid of my firm is rnade in good faith and not pursuant to any agreement or dlscussion with, or Inducement from, any firm or person to submit a complementary bld. 5. My firm has not offered orentered into a subcontract or agreement regardingthe purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding orto submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by anyfirrnorperson, whether In connection with this or any other project in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firmwith responsibilities relating to the preparation, approval or submission of myfirm's bid on this project and have been advised byeach of them that he or she has not panicipated in any communication, consultation, discussion, agreement, collusion, act or other conduct Inconsistent with any of the statements and representations made in this Declaration. 3. As required by Section 337.165, Florida Statutes, the firm has fully informed the Department of Transportation In writing of all convictions of the firm, Its affiliates (as defined in Section 337.165(I)(a), Florida Statutes), and all directors, officers, and employees of the firm and Its affiliates for violation of state or federal antitrust laws with respect to a public contract or forviolation of any state or federal law invoivingtraudo bribery, collusion, conspiracy or material misrepresentation with respectto a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while In the employ of another company. BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 91 .Y46 9. I certify that. except as noted below, neither my firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, Investigator, project director, manager, auditor, andfor position involvingthe administratiOn of Federal funds: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from coveredtransactions, as defined in 49 CFR §29.110(a), by any Federal department or agency', (b) has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against him or herfor: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State or local govemrnenttransaction or public contract: violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property: (c) Is presently Indicted for or otherwise criminally or civilly charged by a Federal, State or local governmental entltywith commission of any of the offenses enumerated in paragraph 9(b) of this certification; and (CI) has within a three-year period preceding this certification had one or more Federal, State or local government publictrans actions terminated for cause or default. 10. I(We), certify that l(We), shall not knowingly enter Into any transaction with any subcontractor, material supplier, orvendor who Is debarred, suspended, declared ineligible, orvoluntarily excluded frompanicipation In this contract by any Federal Agency unless authorized by the Department. Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1) through (10), I have provided an explanation in the "ExCeptions" portion below or by attached separate sheet, EXCEPTIONS: (Any exception listed above will not necessarily result In denial of award, but will be considered in determining bidder responsibility, For any exception noted, indicate to whom it applies, initiating agency and dates of agency action. Providing false information may result In criminal prosecution and/or administrative sanctions.) declare under penalty of perjurythatthe foregoing is true and correct. CONTRACTOR: BY: Humbert BY: (Seal) Ortiz pre ide E AND ITLE SI Executed on this /4/ day of WITNESS: WITNESS: ALLURE TO FULLY LETE AND EkECUTE YH1S DOCUMENT MAY RESULT IN THE IO BEING DECLARED NONRESPONSIVE BID NO: 20174 06 -ZD CITY OF MIAMI BEACH f;:r.t• At::!' I 92 REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors and other lower tier participants. - Appendix IS of 49 CFR Part 29 – Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions instructions for Certification 1, By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered. If it is later determined thatthe prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andfor debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at anytime the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred,""suspencled,""ineligible,°'lowertier covered transaction," "participant," "person," "primary covered transaction,""principal,""proposal," and "voluntarily excluded," as used In this clause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 1254g. You may contactthe person to whom this proposal is submitted for assistance In obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. a, The prospective lower tier participant further agrees by submittIngthls proposal that it will Include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility anclVoluntary Exclusion–LowerTier Covered Transaction," without modification, In all lowertier coverecltransactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier coveredtransaction that it Is not debarred, suspended, ineligible, or voluntarily excluded fromthe coveredtransaction, unless it knows that the certification is erroneous. A participant may decide the method andfrequency bywhich it determines the eligibility of its principals. Each participant may, but is not required to, checkthe Nonprocurement List. 8. Nothing contained in the foregoing shall be construedto require establishment of a system of records in orderto render in good faith the certification required bythis clause. The knowledge and information of a participant is not re quired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. a. Except fortransactions authorized under paragraph 5 of these instructions, If a participant In a covered transaction knowingly enters into a lowertier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excludedfrorn participation In this transaction, in addition to other remedies availableto the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension anclior debarment, Certification Pegiarcting Debarment Suspension, Ineligibility a nel Voluntary Exclusion—Lower Tier Covered Transactions (1) The prospective lowertier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred, suspended, proposedfor debarment, declared ineligible, or voluntary excluded from participation In this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certifyto any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BIO NO: 2017 -106 -ZD CITY OF MIAMI BEACH 93 +r.wft GF a WARMW II ft,4I. UY t 14;'1139434J,u I/Ier CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 11200) It is certified that neither the below identified firm to its principals are presently suspended+, pr tlptosed fast debarment, declared Ineligible, or voluntarily excluded from participation in tits transaction by any federal department or agency. Name of Consultant/Contractor. AUM construction Inc. By: Humbert© Ortiz O.3te: 07-14-2017 Tillie. President A-16 t,�: I tl.; J 4 vItrJl`W09,,+++14 IIr;1 Ir tions rot t erefloatio,n Inetnactksns for Certification - Lower Tier l'articipants (Applicable la All subcontracts, purchase orders and other louver liar transact Ions regeeing prior F HWA approvat or est(mated bs cost $25,0007 or more • 2 CFR Parra 180 and 1200) a. By signing rand submitting this proposal, the prospective lower tler ra providing the a:ertrIIv atlan eel out below. b. The certification in this clause is a material representatlon of feat upon which reliance was placed wvhen able transeulion was entered into. If Itis .later detemuned that the prospective lower tier participant knowingly rendered an erroneous cent it, in Rdditlon to other ramedlee available to the Federal Government, the department, or agency with which this Ira nsacticn originated may pursue available remedies. including suspension aridr'or debarment. c. The prospective lams( tier participaant shall provide immediate written notice to the person; to vahlch Ihts protaosal Js submitted If al any time the pm peolive tower tier participant learns that its certification was erre sous by reason of changed circumstances. el. The terms "covered transaction," "debarred," "suspencted; 'ineligible.' .r.,rticipant,"' "pzrsrnrr,' "ynrincipal," and "voluntarily excluded," as used in this clauser are defined in 2 CFR Parts Usti and Imo. you may contact the person to which this proposal is submitted for assielance In obtaining a copy of these regulations. irirst Tier Covered Trans aar-tieiesi' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant tsuch as the prime or general contract). tower Tier Covered Transactions" refers to any covered transaction under a First 'Tier Cnraire 1 fransaction (suets as subcontracts). First Tier Participant' refers to the participant who has entered Into a covered transaction with a grantee or subgrantee cif Federal funds (euch aa the prime or general contractor). 'Lower Tier Particlpanr refers any participant who has entered into a covered transaction with a First Ter Participant or other Lower 'Tier Participants, (such as su;boonaractore and suppliers). e. The prospective iewver tier participant agrees by submitting this proposal Mat, ,shouter the proposed covered transaction be entered into, It shall :not knowingly enter into any sower tier covered transaction with a person who is debarred. suspended, declared inelreetirei, or voluntarily excluded from participation in this co/erect transaction, unless authorized by the department or iamcy with which this transaction originated. f. he poepectbrea dower tier; participant further agrees by submitting this proposal that at wilt include this clause tilled 'Certification Regarding Debarment. Suspension. I neheibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered traneactlons and in all solicitations icor lower tier covered Iran sacitarie exceeding the $2S,0c;0 threshold. g. A participant In .a covered Transaction may ra•Jy upon a certification of a parespectitre participant In a !ewer tier covered transaction that Is not debarred, suspended, tnaltgtble, or voluntarily excluded from she covered Insneaclwn, u.nteas it knows that the certification Is erroneous. A participant is responerbte for enmwring that Its ptrtncipats are not suspended, debarred, or otherwise ineligible to patlrotpate in covered transactions. To verify Me eligibility of Ids principals, as well as the eligibility deny lower ter prospective participants, each participant may, but is not required to, cheek the Excluded Parties List System website (h upa:r'rN+wvw.epls.gevi)which is compiled by the General Services Administration. h. Nothing contained in tate foregoing shall be construed to require establishment of a systema of records in order to render In good faith the certification required by this clause, the knowledge and int rotation of participant is mot requirede exceed that wteicti to normally poseeseed by a prudent person in the ordinary course of business dealings. 1. Except for transactions authorized under paragraph a of these instructions, If a participant in a covered iranaaclton kaowingly enters into s lover tier covered transection with a person who le suspended„ debarred, tnetiglbte, or aaktnlarIty excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,. Including suspension ander debarment.. BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 94 STATE OF LORICA DEPARTMENT of TRANSPFNVATreN DISCLOSURE OF LOBBYING ACTIVITIES Is this form applicable to your firm? YES 0 NO EX If no, then please complete section 4 below for "Prime" 375,,:;30.M vf2)CUREIENT 1. TypeofFederaIAcf0n: a, contract b, grant G. cooperative agreement d. loan e. loan guarantee f, loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c, post -award 3. Report Type: a. Initial filing b. material change For Material Change Only: Year: Quarter: Date of last report (intn/cid/yyyy) ity in No, 4 Is a Subawardee, Enter Name and 4. Name and Address of Reporting 0 Prime 0 Subawardee Tier , Entity: If known: 5, If Reporting En Address of Prime: Con .ressional District, if known: Congressional District, if known; 4c 6. Federal Department/Agency: — 7. Federal Program Name/Description: CFDA Number, If applicable: 8. Federal Action Number, If known: 9. Award Amount, $ If known: 10, a, Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. Individuals Performing Services (including address if different from No, 10a) (last natne, first name, MI): 11. Information requested through Ibis form is au honied by title 31 U S.C. section 1362 This disclosure of lobbying activities is a material represen (alien of fact upon which reliance was placed by the tier above when this transaction was made or entered into 'This disclosure is required pursuant 10 31 U.S C 1362 This information will be available for public inspecillon. Any person who fails to filo the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such 'am lu w r Signature: Ail Or i VP' Print Name: Arm Title: ,,,,, s.4-117 Telephone No,: '36')- -xi Date (minkid/yyyy): 0 7 Federal Use Only: Aolhonzod for Local Reproduction Standard Form LLL (Rev. 7-97) BID NO: 2017.106 -ZD CITY OF MIAMI BEACH 95 A-17 37GL:-0.14 PR,,CURE.NENT 6NtA viloq 202 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the Initial filing and material change report. Refer to the Implementing guidance published by the Office of Management and Budget for additional information, 1. identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action, 3. Identify the appropriate classification of this report, if this is a foliowup report caused by a material change to the Information previously reported, enter the year and quarter In which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates 1f it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e,g., the first subawatdee of the prime is the 1st tier, Subawards include but are not limited to subcontracts, subgrants and contract awards under grants, 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient, Include Congressional District, if known, 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known, For example, Department of Transportation, United States Coast Guard, 7, Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments, 8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number Invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001," 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter ttie Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, clty, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity Identified in item 4 to Influence the covered Federal action. (b) Enter the full names of the individuals) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle initial (MI), 11, The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork IRoductron Act, as amended, no persons aro requited to roapod to a collection of information unfoss It displays a valid 0M13 Control Number. The valid OMO control number for This information collection in OMO No 0140-0040 Public reporting burden for this collection oriniannaliol Is estimated I0 average 10 minutes per response. including linty fa reviewing instructions, searching existing data sources, gathering and maintaining the data nodded, and completing and reviewing the collection or information. Send common's regarding the burden estimate or any other aspect 01 this collection of In10rnnatio n, Including suggestions for reducing Ihie burden, 10 the Office or Management and Budget. Paperwork Reductio Protect (0340,0040), Washington, DC 20003 BID NO: 2017 -106 -ZD CITY OF MIAMI BEACH 96 Alz Of. 1.1,4)11Liift Otl'e1/4114Littlf fr 111.1441-00 AI ,Cf4 Vondor Ellgiblilty Chock Prior to Contract Award Project Description(s):Safe Route to Schools Financial Project Nu mberts): 435478-1,431499-1,435479-1 In accordance with State law: Section 287.133(2)(b), Florida Statutes, provides that public entities may not contract with firms that have been excluded from participating in the public contracting process. A public entity may not accept any bid, proposai, or reply from, award any contract to, or transact any business in excess of the threshold amount provided in s. 287.017. F.S., for CATEGORY TWO with any person or affiliate an the convicted vendor list for a period of 36 months following the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3),(f), F.S. A public entity that was transacting business with a person at the time of the commission of a public entity crime resulting in that person being placed trn the convicted vendor list may not accept any bid, proposal, or reply from, award any contract to„ or transact any business with any other person who is under the same, or substantially the :same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. .111,11Z0,11 IttKILLE4Lklithei1 Vrlfi A contract award (reference 2 CFR 180,220 must riot be made to parties listed on the goyernment-wide Excluded Parties List System in the System for Award Management (SAM), in acceurdance with the OMEI guidelines at 2 CFR 1.80 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 2351, -Debarment and Suspension." Pursuant to 23 CFR 172.71143). a, contracting agency shall verify suspension and debarment actions and eligibility status of consultants and subconsultants prior to entering into an agreement or contract in accordance with 2 CFR part 12130 and 2 CFR part LSO, when the identities of such subccansultants are known prior to execution oil the subject agreement or contract, The Excluded Parties List System m SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as wed as parties declared ineligible iunder statutory or regulatory authority other than Executive Order 12S49. „ The Convicted Vendor List/ Suspended Vendor List / Discriminatory Vendor List Federal Excluded Parties ListfVendor Complaint Lists are available at the following Department of IManagernent Services site: b siness o eratkn s ateu c ingivendor information/convicted I have Checked the atorernentioned lists to verify that the vendor (and all subs where known) is eligible for contract awardfokecution: BID NO: 2017 -106 -ZD Procur !molt Office or Conjactng Awarding Office: be o 0 ti A-18 07-14-2017 Date: CITY OF MIAMI BEACH 97 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we AUM Construction, Inc,, 8950 NW 119th St. Hialeah Gardens, FL 33018 (Here Insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, Contractors Bonding and Insurance Company, 9025 N. Lindbergh Dr., Peoria, IL 61615 (Here insert lull name and address or legal title of Surety) a corporation duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach, 175 Meridian Ave., Miami Beach, FL 33139 (Here insert full name and address or legal title of Corporation as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount Dollars ($ 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ), WHEREAS, the Principal has submitted a bid for ITB #2017 -106 -ZD - Safe Route to School (Here insert lull name and address description of project) NOW THEREFORE, if the obligee shall accept the bid of the principal and the principal shall enter Into Contract with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligati.n shall be nut and v/t., otherwise to remain in full force and effect, Signed and sealed t th (Witness) ( It s) day of July oink , 2017 r(2---- (Sea/) pL-f (Title) Contractors Bonding and Insurance Co. (Surety) (Seal) Tina Shannon, Attorney -in -Fact RLI' cLile no RLI Company 9025 N. Lindbergh I)r.1 Peoria, IL 61615 Phone: (800)645-24021Fax: (309)689-2036 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Dirk D. DeJong, Dora Villavicencio, Tina Shannon, Janet P. Colandrea, jointly or severally in the City of Pompano Beach , State of Florida , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 _ ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 10th day of March, 2017. State of Illinois County of Peoria °°°""a n rp4 tP F ZZ '. SEAL • N,u NIr,U1, On this 10th day of March, 2017 before Ire, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacqu, Inc M. Bockler Notary Public "OFFICIAL SEAL" NOYARY P,f91A0 JACQUELINE M. BOCKLER STATE OP i4 O) COMMISSION EXPIRES 01/14/10 IXIMMYEGLICE RLI Insurance Company Contractors Bonding and Insurance Company /4( A475 Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com any and/or Contractors Bonding and Insurance Company this Company, day of , a l rl . (j RLI Insurance Company Contractors on ing and Ins ranee Company Barton W. Davis 0975207020212 Vice President A0059115 A M CONSTRUCTION, INC. PHONE: 305-456-4848 Construction, Inc. Ex erience •as erformance financial caagbilities ations A. AUM Construction Inc. has been in business since 2006 and currently has 15 employees and serves Miami -Dade & Broward County. B. Traffic Signal Installation Safe Route to schools Contract 20150134 Traffic Signal Push Button Contract 20140220 Traffic Signal Push Button Contract 20160045 C. Our employees have extensive experience in Traffic Signal & Signs. D. Equipment List: 2006 Freightliner Bucket 55' Bucket Truck 2007 Freightliner 55- Bucket Truck 2006 Ford Dump Truck 2015 Kubota Excavator 2000 John Deere Backhoe 2008 Sterling 28 Ton National Crane 2010 8 Tone Trailer 2000 20 Ton Trailer 2000 Vermeer 24 x 40 Direction Bore Machine E. No subcontractors F. No Pending Litigation U Construction, inc. ORGANIZATIONAL CHART • Humberto Ortiz (President/Qualifier) Over 25 yrs. experience in construction GC & EC in State of Florida • Ramon Reyes (Project manager) 33 years' experience in traffic signal & construction • Emerio Pinero (crew Superintendent) Master electrician with 20 yrs. experience ecot Crew 1 (with 2 helpers) Construction, Inc. Experienced 278 Atianzt ,Avenue Sunny 's1es, FL 33160 305-345-5347 nagement and Opera ions Professional sL: s'.EntEs add —E-:-EtE: s da. -r dds:•-te:ts 3 ZE.°:r a ett.stdet*--- de: r.d EtttcH-d:dred:.: etd; • Es St..ddEtn;.- ctda;ratat,:nstd 3 "3 3:"'7 3.3 SS 3•"*".."': S S -;) 1"." LP:Hte EMP—LOYMENT ARY .JM 'A..1.ferrri FL 3313,3. 20.:.,;7—;-.esitt 3 E.:ect-ft .,EL;a7119-v*, Cont7d,'E. cord d vet: rd reaports Sea F:dawtiut-re, Miao-li FL. 2.013-presyll da -y: tt day d;peratid.ds of f'd„.rdit-EdE. std -E ',„4.araE.t.,EB: 4 rz and a:..,(arsae. s4;es. ETfl Salutiona 2010 -present ',.•€,:tr!ca.! cations, LLC.NThErnL OvedsaY/ Ede eafr dsey ddedatled3 3;, a ter dErsc,-, conapany that d-td,;:dEd c..! tett en -se: dc-orci; and Education: EDUCATIONAL SUM A Y General Cont -actor CGCi52137g StateFlorida - 2013 Certified Electrica Contractor EC1.3304 7 2, State of For da - 2012 Professioral Cert:ficate !!1 Accourting and r-Tharice Fiorida Internatiora; University. Marc-. 2004 Advanced Certificate in Project Varagerner: F;oridainternadonai U.niversity, jure ?.\-)04 AA in Arts Miami Dace Community C.c,Niiege May 1997 SA of Arts in Political Science, Fo1da teatcna'univers'ty, .AugL:s: 1993 E e io Pineiro Age: 51 Address: 1210 W 33rd St Hialeah, FL Phone: (305)-345-5366 Email: emeriopineiroPgmail.com PROFILE Certified Master Electrician, with twenty years of experience. Proficient in preforming electrical installations, maintenance, and repairs in roadway lighting. Knowledgeable in all areas of the national electrical code. Excel in analyzing and solving problems with various electrical controls. Adept in systems including electrical motors. KEY SKILLS • Electrical systems and Controls. • Installations and Maintenance. • Electromechanical repairs. • Generator and Transformers. • Switches and Circuit Barkers. • Wiring Diagrams. • Motors and Conduit • Electrical code PROFESSIONAL EXPERIENCE Started working in Horse Power Electrical Inc., Hialeah, Florida in the year of 1996 to present clay in performing tasks. Such tasks include electrical installations, maintenance, and repairs in roadway lighting, traffic signals, and electrical systems to Florida Power Lighting. EDUCATION 1983- High School diploma in Habana, Cuba. 1984- Energetic Technical in Habana, Cuba. 2002- In Miami Senior Adult and Community Education Center took class National Electrical Code part one and part two. 2004- In Miami Senior Adult and Community Education Center became Journeyman Electrician. 2010- Became Master Electrician. CERTIFICATION • 1998- International Municipal Signal Association oadAv cay L igkary- spe-060a&st Le'va ane, Work./ Zan& Safety Spectcaat • 2004- Professional Testing, INC. Elect-Kaa.44jau,rrteynum • 2009- Traffic Signal Certification Program 7ra-rf1/25604,toa/Ftel..c/J Electriact,n, L wva ti o- rm.-c/ S (ApLoul. 1 04,13 act -or • 2010- Gainesville Independent Testing INC. Mci4te4e Elect-rta• cvw 2011- Fiber Optics For Intelligent Transportation System L one/ a,plci, two- • 2015- State of Florida, Department of Business and Professional Regulation Electrixca/Contra.ctor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 ORTIZ. HUMBERTO CARLOS AUM CONSTRUCTION INC 8950 NW 119 ST HIALEAH GARDENS FL 33018 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong, Every day we work to improve the way we do business in order to serve you better. For information about our services, please to onto www.rnytloridalIcense.com. There you can find more Information about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! RICK SCOTT, GOVERNOR LicONSENuMbeit CGC1521373 .36. STATE OF FLORIDA (DEPARTMENT OF BUSINESS AND - PROFESSIONAL REGULATION CGC1521373 ISSUED. 08/14/2016 CERTIFIED GENERAL CONTRACTOR ORTIZ, HUMBERTO CARLOS , AUM CONSTRUCTION INCo, IS CERTIFIED uhcfof the provrsrons of Ch 659 FS EWAt .7.,..14to A1,17 9, 2.2•9 LliCht4O003O9S DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31. 2018 ORTIZ, HUMBERTO CARLOS AUM CONSTRUCTION INC. 8950 NWI19 ST HIALEAH GARDENS FL 33018 ISSUED 08/14/2016 DISPLAY AS REQUIRED BY LAW SEQ 8 L1608140003899 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD (850) 487-1395 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 ORTIZ, HUMBERTO CARLOS AUM CONSTRUCTION INC 8950 NW 119 ST HIALEAH GARDENS FL 33018 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range 'l STATE OF FLORIDA from architects to yacht brokers, from boxers to barbeque i 41 DEPARTMENT OF BUSINESS AND restaurants, and they keep Florida's economy strong. ' — -: PROFESSIONAL REGULATION Every day we work to improve the way we do business in order to serve you better, For information about our services, please to onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! RICK SCOTT, GOVERNOR EC13006202 ISSUED: 08/14/2016 CERTIFIED ELECTRICAL CONTRACTOR ORTIZ, HUMBERTO CARLOS AUM CONSTRUCTION INC - IS CERTIFIED under the provisions of Ch 489 F$ Exo iat:ori date AUG 3' 2:04B L '508' 4coo4e DETACH HERE KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD LICENSE NUMBER EC13006202 ADDITIONAL BUSIN The ELECTRICAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 QUALIFICATION ORTIZ, HUMBERTO CARLOS AUM CONSTRUCTION INC. 8950 NW 119 ST HIALEAH GARDENS FL 33018 ISSUED: 08/14/2016 DISPLAY AS REQUIRED BY LAW SEQ # 11608140004611 Ramon Reyes 1430 NW 30th Ave Miami, FL 33125 Phone: 786-506-0433 Present -1983 Experience: 2013- Present AUM Construction, Inc. (Vice-President/Project Manager) Work Classes Computerized Traffic Control, Electrical Work, Flexible Paving, Grassing, Seeding and Sodding, Roadway Signing, Drainage, Fencing, Grading, Intelligent Transportation Systems, Traffic Signal, upgrade Pedestrian Ramps, Roadway Lighting Maintenance & Installation, Concrete sidewalks, Curb & Gutters My current duties are to coordinate all field work, schedules and employees to optimize efficiency and keep job cost to a minimum. 2008 — 2012 Owner/ CEO Super Traffic, Inc Work Classes Computerized Traffic Control, Electrical Work, Flexible Paving, Grassing, Seeding and Sodding, Roadway Signing, Drainage, Fencing, Grading, Intelligent Transportation Systems, Traffic Signal, Upgrade Pedestrian Ramps, Roadway Lighting Maintenance & Installation, Concrete sidewalks, Curb & Gutters 1997 — 2007 Owner/CEO, liaydan Electric, Inc. Work Classes Computerized Traffic Control, Electrical Work, Flexible Paving, Grassing, Seeding and Sodding, Roadway Signing, Drainage, Fencing, Grading, Intelligent Transportation Systems, Traffic Signal, upgrade Pedestrian Ramps, Roadway Lighting Maintenance & Installation, Concrete sidewalks, Curb & Gutters 1985 —1997 Horsepower Power Electric, Inc. Work Classes Computerized Traffic Control, Electrical Work, Flexible Paving, Grassing, Seeding and Sodding, Roadway Signing, Drainage, Fencing, Grading, Intelligent Transportation Systems, Traffic Signal, upgrade Pedestrian Ramps, Roadway Lighting Maintenance & Installation, Concrete sidewalks, Curb & Gutters 1983 -1984 Classic Electric, Inc Work Classes Roadway Lighting Maintenance & Installation, Concrete sidewalks, Curb & Gutters Major Projects: • Management of Miami -Dade County Project # 662431 Roadway Lighting Maintenance Pilot Program. • FDOT District #6 Highway Lighting Maintenance. • Miami -Dade County Roadway Maintenance Contract #1, #2, #3, • Florida Dept, of Transportation, Road Lights maintenance contract for Interstate 1-95, 1-75, SR -826, SR -836, SR -112, SR -195, SR -924, SR -874, SR -878 within Miami -Dade County limits. • City of Weston, supervised installation of 600 roadway lights. • FDOT Contract for Crandon Blvd. Roadway Lighting. • City of Miami Flagler Roadway Lighting Downtown Miami. • City of Hialeah and Hialeah Gardens 200 pole Roadway Lighting system installation. • Miami -Dade County NE 151 St Roadway Lighting from US1 to Florida International University. • Miami -Dade Roadway Lighting Modification #1, #2, #3. • Assessment, repairs, and restorations of Miami -Dade County Roadway Lighting system after Hurricane Andrew. • Conversion to High Pressure Sodium Lamp for 15,000 light fixtures. • Rewiring and replacement of Roadway Lighting in Miami Beach, in the area between Collins Avenue and 79th Street • Coral Way Project from SR 826 to SW 57th Avenue, replacement and new installation of Roadway Lighting. • City of Key Biscayne Roadway Lighting project with 156 luminaries. • City Of Hialeah, Installation of new Roadway Lighting. Education and Credentials: Certified Journeyman Electrician ATSSA Florida Advanced Work Zone Traffic Control I.M.S.A. Traffic Signal Senior Field Technician Level III I.M.S.A, Certified Traffic Safety Technician I.M.S.A, Traffic Signal Level I I.M.S.A. Traffic Signals Level 11 I.M.S.A. Roadway Lighting Specialist Level I 00 =-• co Ei - ca) =.- = tr, 0 n c 0 ..9 0 0.) (A 5, fl-' CD c 01:1 z- 0 rn 0) -< - 0 h c rD 3 o 2 CU ,--t• rD = 0 rD r -t --11 -N o 2 rr (1) =- Jo = V) r'D c 0 --I = n " = C 0 rD ,-+ (--). Ca3 z- H rD () i7) N) 0 o Lu z 0 H o . --4, 7) 0 > r -t o 2 = L.- CD co cum r) = CA 0 C m 0.) c > 0 m 0 N-.) r-• ' 2 m cl) r+. .4 0 LD CO I OF > 0 rri —,. I r+ C (") ri• ft, ° Lu z 4 1 )"41(t 1.111. AVAV P44,2'100 .Y7F0 it'05 vogeultuexe pue Sluetuaimbei fte Bulleriwo eCci ifilene7 uelpiutipai pier& ioNe5 leu5!S e se peinpeo .409.16H sl seifod tiocueel we../5odd lemouaei mays owel.4 441 iauued JneA L7*e• Lloz:5:(,Z0 :1)M111).111 PS.1110D rOLIS:4,IJON Z1113(1 11111.101' Illiof '.11,N .10101111S111 Wind IS)A\ :LIOI)P001 SSW :f41)1nIS f10(7/£1:ZO :MTdiun;) as.thoD lo.nuo) auitc.11 UO7nJoAt PaaututPV u1'! -old flfJ paialdwo.) 411.101.1pISIIPs SIN S3ic011tIOLURI1 ClI taw Itt.tulb at s; spa NO1 VIOOSSIf S30IAEISS A.1.3AVS 014dV111. NI/01113M OZIOC/60 :Neci •dxa NOVVV8 sAae:1 Z17111466 I. AONalacIlA100 JO aneoldi.i.aao 1VNOSI:Jaci peog eulAilieno$$PiJ. uonon4suo0 901 c E a) li0 0 0 _c Owner name 20160045 Push Button RLI Insurance Company 305'679-8038 Miami -Dade County iami-DadeCount/ 9025 N. Li Dr. Peoria IL 61615 N c co a) LL d) Department of Transportation and Traffic Signals & Signs Division 20150134 Safe Route to RLI nsurance Company 305-679-0038 Miami -Dade County Miami -Dade County 0 0 9025 N. Lindenbergh Dr. Peoria IL 61615 Department of Transportation and Public Works Traffic Signals & SignDivision Miami Dade County Miami -Dade County Public Works RLI Insurance Company 305-766-0532 111 NW 1st St, Miami, FL 33128 dun&bradstreet Help Home Dun & Bradstreet Government Solutions Contractor Management Portal View Registration Status ind 'to,or (" Customer Support Privacy Policy Help D&B Supplier Certification Receipt Date Time Company D -U -N -S Product Cos 07- 11:07:55 AUM 057338652 Supplier Sub $91.9; 14- CONSTRUCTION Portal Total 2017 INC Registration Product - Yearly Tax $0.0( Total Cost $91,91 For further information or clarification Please contact our Customer Resource Group by clicking on the Customer Support link at the bottom of the page. Print Back To progre$s through Ii portal, use the available navigation buttons, Do not use the back of forward buttons on your browser window Powered Detail by Entity Name Page 1 of 2 Florida Department of Slate Department of State / Division of Corporations / Search Records / Detail By Document Number / DIVISION OF CORPORATIONS Detail by Entity Name Florida Profit Corporation AUM CONSTRUCTION INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 424 SW 7TH ST., #402 MIAMI, FL 33130 Changed: 08/10/2016 Mailing Address 8950 NW 119th St Hialeah Gardens, FL 33018 P06000007050 20-8608887 01/13/2006 FL ACTIVE AMENDMENT 06/17/2016 NONE Changed: 04/19/2017 Registered Agent Name & Address NUNEZ, RODOLFO 255 UNIVERSITY DRIVE CORAL GABLES, FL 33158 Name Changed: 06/17/2016 Address Changed: 06/17/2016 Officer/Director Detail Name & Address Title Secretary Aracil, Juan http://search. sunbiz.org/Inquiry/corporationsearch/S earchResultDetail?inqui... 8/15/2017 Detail by Entity Name Page 2 of 2 424SW7St 402 Miami, FL 33130 Title V GONZALEZ, PATRICIA 8950 NW 119 ST HIALEAH GARDENS, FL 33018 Title PT ORTIZ, HUMERTO 8950 NW 119 ST HIALEAH GARDENS, FL 33018 Annual Reports Report Year Filed Date 2015 03/03/2015 2016 03/09/2016 2017 04/19/2017 Document Images 04/19/2017 -- ANNUAL REPORT 06/17/2016-- Amendment 06/17/2016 -- Off/Dir Resignation 03/09/2016 -- ANNUAL REPORT 03/03/2015 --ANNUAL REPORT 12/08/2014 -- AMENDED ANNUAL REPORT 10/24/2014 -- AMENDED ANNUAL REPORT 07/18/2014 -- Off/Dir Resignation 07/15/2014 -- AMENDED ANNUAL REPORT 07/08/2014 -- AMENDED ANNUAL REPORT 05/01/2014 -- REINSTATEMENT 02/02/2010 -- Off/Dir Resignation 10/05/2009 -- REINSTATEMENT 07/08/2008 -- ANNUAL REPORT 07/27/2007 -- ANNUAL REPORT 01/13/2006 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View Image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF forrnat View image in PDF format View image in PDF format View Image in PDF format Florida Department of State, Division of Corporations http://search. sunbiz.org/Inquiry/corporationsearch/S earchResultDetail?inqui... 8/15/20;'