Loading...
Contract with A & J Roofing, Corp. 24 7—a6-17 CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal corporation of the State of Florida ("City"), and A& J Roofing, Corp. ("Contractor"). W ITN 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, including Exhibit D-Supplemental Terms and Conditions, and any Contractor Service Order issued to Contractor for any Project hereunder, and shall perform all Work in accordance with the requirements of the Contract Documents, for the following catagories: Roof Contractor Roof Deck Contractor Caulking Contractor Waterproofing Contractor ARTICLE 2 CONTRACT TIME 2.1 This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract, at the sole discretion of the City Manager, for two (2) renewal periods of one (1) year each. 2.2 Contractor shall commence the Work upon written notice to proceed in the form of a Purchase Order issued by the City, and a Contractor Service Order signed by either the City Manager or the Department Director ordering the Work , specifying the specific tasks to be performed by the Contractor for any Project. A separate Contractor Service Order shall be required prior to commencement of any Work on any Project. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after receipt of Purchase Order, which date shall establish the Project Initiation Date. The Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. Contractor shall have no entitlement to perform (or be compensated for) any Work under this Agreement, unless such Work is authorized, at the City's sole discretion, by a Contractor Service Order. 2.2.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, 1 submittal schedule and schedule of values is a condition precedent to the issuance of a Purchase Order to mobilize on any Project site and commence with physical construction of the Work. 2.3 Time is of the essence throughout this Contract. Unless otherwise specified in a Contractor Service Order, any project awarded to the Contractor pursuant to this Agreement shall be substantially completed within thirty (30) calendar days from the issuance of the City-approved Contractor Service Order ("Contractor Service Order") or accompanying Purchase Order (whichever is later), or as otherwise specified in the Contractor Service Order, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date determined by Consultant or the City as the date of Substantial Completion. 2.4 Unless otherwise specified in a Contractor Service Order for any particular Project, upon failure of Contractor to substantially complete the Work within the time specified for Substantial Completion in any Contractor Service Order, plus any approved time extensions, Contractor shall pay to City the sum of one hundred dollars ($100.00) for each calendar day of delay in achieving Substantial Completion. Contractor acknowledges and agrees that the foregoing amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Unless otherwise specified in a Contractor Service Order, 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. 2.5 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. 2.6 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 ASSIGNMENT OF WORK In consideration of the Work to be provided hereunder, Contractor shall be compensated on Time and Material basis or as a Lump Sum basis, as specified in the Contractor Service Order. 2 1 3.1 TIME AND MATERIAL BASIS The City may award work on a time and materials basis in accordance with hourly rates offered. The Project Manager shall select the contractor deemed to be best qualified for the project. In doing so, the criteria specified in Section 2-369 of the City Code may be considered. In the event that the contractor with the lowest cost is not selected, the reason(s) shall be documented on the purchase requisition. 3.1.1 For parts and materials ordered under this option, vendors shall provide quotes or invoice, as determined by the Contract Manager, based on the cost of parts and materials plus the agreed to mark-up. In determining cost of materials to which the mark-up may be applied, the contracting officer may require the vendor to provide actual cost of parts and materials (i.e. contractor's invoice, MSRP, etc.), 3.2 LUMP SUM BASIS In lieu of a time and materials order, the project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders (awarded or not) are eligible to participate in the Pre-Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. At its own expense, the contractor shall visit the site and prepare a lump sum detailed quotation (inclusive of all labor, materials, and all other costs. Each quote prepared by the contractor shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. In the alternative, project managers may require an itemized breakdown of the lump sum amounts. 3.2.1 For projects with an estimated cost up to the amount specified in City Procedure PO16.02, Threshold Category 1 (currently $10,000 or as amended), the project/contract manager may select the contractor deemed to be best qualified. 3.2.2 For projects with an estimated cost exceeding the amount specified in City Procedure PO16.02, Threshold Category 1 (currently $10,000 or as amended), the project/contract manager shall solicit three quotes. Following the determination of the best quote, in the Department's Director sole discretion, a Contractor Service Order shall be executed for the project, (see Section 2.3), prior to issuing a Purchase Order. The City Manager's approval, along with a justification, is also required when the contractor offering the lowest cost is not selected. 3.2.3 For projects $50,000 or greater, the City Manager's approval is required and a Contractor Service Order shall be executed for the project. The City Manager's approval, along with a justification, is also required when the contractor offering the lowest cost is not selected. 3 3.2.4 Contractor shall be instructed to commence the Work by written instructions as further detailed in Section 2.3. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after receipt of Purchase Order, which date shall establish the Project Initiation Date. 3.3 PERFORMANCE AND PAYMENT BOND The City will require a performance and payment bond for any project in excess of $200,000. Within ten (10) calendar days of City execution of the Contractor Service Order, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 3.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contractor Service Order, 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. The City may accept a 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. 3.3.2 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. 3.3.3 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. 3.4 PROGRESS PAYMENTS Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each 4 Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. Upon submission of an acceptable updated progress schedule and the other documents required herein along with the application for payment, City shall make payment to Contractor with respect to approved Applications for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 3.5 At the City's discretion, if specified in a Contractor Service Order, ten percent (10%) of all monies earned by Contractor may be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after fifty percent (50%) of the Work has been completed, the Contract Administrator shall reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any additional reduction in retainage shall be in the sole discretion of the City Manager or applicable Department Director provided that Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction in writing in a separate stand-alone document from monthly applications for payment. 3.6 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 3.6.1 Defective work not remedied. 3.6.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 3.6.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 3.6.4 Damage to another contractor not remedied. 3.6.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 3.6.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 4 ACCEPTANCE AND FINAL PAYMENT 4.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, City shall, within ten (10) calendar days, make an inspection thereof. If City and Contract Administrator find the Work acceptable, the requisite documents have 5 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 payment shall be made by the City. 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 5 MISCELLANEOUS 5.1 A. The term "Contract Documents" as referenced herein shall include this Contract (together with Exhibits A through D attached hereto, and any addenda, Contractor Service Orders and written amendments issued thereto), and all Design Documents and Construction Documents. The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, surety payment bond and performance bond, Special Conditions, and Contractor's response to the ITB. The requirements of the Contract Documents, as such term is defined herein, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents. Accordingly, all of the documents incorporated by the Contract Documents shall govern any Contractor Service Order issued under this Contract. B. The term "Work" as used herein shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total construction, installation, and functioning of the Project specified in any Contractor Service Order, together with all additional, collateral and incidental items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents. 5.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent provision elsewhere in the Contract Documents or under any applicable law, regulation, statute or code requirement which is applicable to this Project, the more stringent provision shall prevail and govern the performance of the Work. 5.3 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 6 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. 5.4 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. 5.5 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. 5.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 Attn: Alex Denis, Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 7 For Contractor: A&J Roofing, Corp. 4337 E 11 Avenue Hialeah, FL. 33013 Attn: Miguel Guerrero Phone: 305-804-1342 Email: mguerreroirAaandiroofingcorp.com 5.7 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 28 of the General Conditions set forth in Exhibit D. 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. 5.8 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. 5.9 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. 5.10 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 8 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. 5.11 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. 5.12 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 5.11 above. 5.13 Indemnification 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. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by this subsection which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. 5.14 Inspection of Work 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. 5.14.1 Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, 9 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. 5.14.2 Re-examination 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. 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. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 5.15 Termination 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. 5.15.1 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 5.15: 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; 10 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; 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). 5.15.2 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 11 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. 5.16 Termination of Agreement For Cause. The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Contractor, in the event that the Contractor (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Work or any portion thereof; or (3) does not perform the Work or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Contractor shall first be granted a fifteen (15) day cure period (commencing upon receipt of the initial written notice of default from the City). The following occurances shall be deemed sufficient grounds for termination for cause: 5.16.1 Failing to make payments to Subcontractors or Suppliers for materials or labor in accordance with the respective Subcontracts and Purchase Orders; 5.16.2 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; 5.16.3 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 Work within the specified time; 5.16.3 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; 5.16.4 A custodian, trustee or receiver is appointed for the Contractor, or the Contractor becomes insolvent or bankrupt, is generally not paying its debts as they become due or makes an assignment for the benefit of creditors, or the Contractor causes or suffers an order for relief to be entered with respect to it under applicable Federal bankruptcy law or applies for or consents to the appointment of a custodian, trustee or receiver for the Contractor, or bankruptcy, reorganization, arrangement or insolvency proceedings, or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Contractor; 5.16.5 An indictment is issued against the Contractor; 5.16.6 Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 12 5.16.7 Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Agreement; 5.16.8 Failing to comply in any material respect with any of the terms of this Agreement or the other Contract Documents. Upon the issuance of a Notice of Termination for Cause, the Contractor shall: i. Immediately deliver to the City all Submittals and Project-related 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; ii. 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; 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 (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. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest. The rights and remedies of the City under this Section shall apply to all defaults 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. The City reserves the right, in lieu of termination as set forth herein, to withhold any payments of money which may be due or become due to the Contractor until said defaults have been remedied. In no event shall Contractor be entitled to any compensation for anticipatory profits or consequential damages as a result of the discontinuance of any portion of the Work, or termination of this Contract. In the event it is determined, for any reason, that Contractor was not in default under the provisions of this Section, then the City's notice of termination for default shall automatically be treated as a termination for convenience, and the rights and obligations of the City and Contractor shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained in Section 5.15. The Contractor shall have no further recourse of any nature against the City for any wrongful termination. 13 6.17 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. [Remainder of Page Intentionally Left Blank] 14 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH City Cl: k s �y . f%I), r -4r< t :1 NCQRP • IORA * TED: Attest: 4.7'• �� '�:g ROOFING, CORP 1)WVLO 7 26 / Signature/Secretary Signa ure/P sident rct1 L VCL-- ItAt' ve.1 ‘u,wrc. ro Print Nar Print F1ame ..„„,„ ARAISYVARA Notary Public-State of Florida * ,•� .= Commission#GG76694 My Comm.Expires Feb 26,2021 'f o ` Bonded through National Notary Man. APPROVED AS TO FORM & LANGUAGE &FOR EXEC TION 411.1,firAlj // r/ / Cit Attoml n _ p� 15 EXHIBIT A CONTRACTOR SERVICE ORDER Contractor Service Order No. . TO: PROJECT NAME: Project Name DATE: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: $ Change Order_to Service Order Amount: (ALL CHANGE ORDERS MUST BE APPROVED IN WRITING BY THE CITY PRIOR TO THE WORK.) Total From Previous Change Orders to Service Orders: $ Fee for this Service Order is Lump Sum/Not to Exceed amount $ of: Total Agreement to Date: $ City's Project Administrator Date Department Director Date Contractor. Date (between $10,000-$50,000) City Manager Date (exceeding$50,000) 16 MIAMIBEACH 00710 EXHIBIT B: FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) 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 17 00710 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 . WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: 18 00720 EXHIBIT C: FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 19 00720 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 . IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: 20 EXHIBIT D TO THE AGREEMENT FOR TRADES SERVICES PURSUANT TO ITB 2017-049-WG 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Consultant: shall refer to a Registered Architect and/or Licensed Professional Engineer that has been contracted by the City to provide professional services for this project. 1.8 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. 1.10 Contract Documents: Contract Documents shall have the meaning ascribed to it in Section 5.1.A. of the Contract. 1.11 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Sample Contract (Appendix E, attached), as may be amended by Change Order. 21 1.13 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information, and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.18 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.19 Program Manager: Not applicable. 1.20 Project: The construction project described in the Contract Documents, including the Work described therein. With a maximum value of $300,000.00 for general construction and $75,000.00 for electrical projects. 1.21 Project Initiation Date: The date upon which the Contract Time commences. 1.22 Resident Project Representative: Not applicable. 1.23 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. 1.24 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. 1.25 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. 22 1.26 Substantial Completion: The date certified in writing by Consultant, and as fully determined by the Contract Administrator in his/her sole discretion the work, or a portion thereof, is at a level of completion in substantial compliance with the Contract Documents such that all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion and/or other authorization from the City acceptable to Contract Administrator must be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.27 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. 1.28 Work: Work shall have the meaning ascribed to it in Section 5.1.B. of the Contract. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known 23 technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 4.2, Contractor shall submit to Consultant, for Consultant's review and acceptance, a 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. 4.1.1 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 4.1.2 A preliminary schedule of Shop Drawing submissions; and 4.1.3 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each 24 item of work which will be confirmed in writing by Contractor at the time of submission. ® Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.4 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within forty-five (45) days after the Project Initiation Date set forth in Notice to Proceed No. 1, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: Within 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. 5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, 25 upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 6. Qualification of Surety 6.1. Performance Bonds and Payment Bonds for projects over Two Hundred Thousand Dollars ($200,000.00) : 6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 6.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 7. Not used. 8. Not use. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the 26 Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 12. Permits, Licenses and Impact Fees: 12.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 27 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 13.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 14. Not used. 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request 28 of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 15.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform Consultant, in writing, and Consultant will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. 15.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 16. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 17. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty(20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for 29 all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 12 hereof. 18. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 19. Not used. 20. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 12. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and Working Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 30 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 29. 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either 31 correct all defective work or remove such defective work and replace it with nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its 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. 32 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 70% percent of the Contract Price. 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a 33 Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 31. Lands for Work: 31.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor ❑S 34 responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 33.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 33.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the Commission-approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $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 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in section 13 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 38.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 39.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved. 39.1.2. By mutual acceptance of a lump sum which Contractor and City acknowledge contains a component for overhead and profit. 39.1.3. On the basis of the "cost of work," determined as provided in Sections 39.2 and 39.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 39.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 39.3. 39.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which 37 shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor 'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 39.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 39.2.5. Supplemental costs including the following: 39.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 39.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools 38 not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of Contractor . 39.2.5.3. Sales, use, or similar taxes related to the work, and for which Contractor is liable, imposed by any governmental authority. 39.2.5.4. Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. 39.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 39.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 39.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 39.3. The term "cost of the work" shall not include any of the following: 39.3.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed- upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. 39.3.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 39.3.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the work and charges against Contractor for delinquent payments. 39.3.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 39.3.5. Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or 39 equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 39.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, Contractor's fee shall not exceed ten percent (10%). 39.4.2.2. For costs incurred under Section 39.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 39.2.4 and 39.2.5, (except Section 39.2.5.3), and Section 39.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39.6. Whenever the cost of any work is to be determined pursuant to Sections 39.2 and 39.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 40 39.8.2. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 12 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 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. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41 42. Excusable Delay; Compensable; Non-Compensable: 42.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of Contractor or its subcontractors, suppliers or vendors is Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one hundred dollars ($100) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 42 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 29 hereof, has reached Substantial Completion, Contractor shall so notify City and Consultant in writing. Consultant and City shall then promptly inspect the Work. When Consultant, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (20) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 45.2 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 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 45.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 44 46.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 47.1.2 and 47.1.3 above, caused directly or indirectly, in whole or in part, by Contractor , any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor . Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 29 hereof. 47.3. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to City. 45 48. Final Bill of Materials: Contractor shall be required to submit to City and Consultant a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy of the units of Work. 49. Payment by City for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 51. Hurricane Precautions: 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 38, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 52. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for 46 cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act: 1. 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. 2. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non- discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 47 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. c. 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. d. The emergency procedure for spills, fire, disposal, and first aid. e. 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. f. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 58. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of 48 notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 49 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Coversheet Page 1 of 4 Competitive Bid Reports-C2 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor 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. 2017-049-WG, FOR GENERAL BUILDING, ENGINEERING AND SPECIALTY TRADES. 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 2017-049-WG, Building and Specialty Trade Contractors for Minor Projects. ANALYSIS On March 13, 2013 the Mayor and City Commission approved award of Invitation to Bid 66-11/12 for General Building and Specialty Trades Services. The original contract term was for an initial period of two (2)years with the City Manager's option to renew for an additional three (3) one year terms. The contract's third and final option to renew was not exercised by the City and the contract expired on April 13, 2017. The Property Management Division and the Parks & Recreation Department require the services of various general and specialty trade contractors to maintain City facilities. A contract with a number of contractors in each category indicated below allows the City to expedite small projects (including capital repair and replacement), on a time and material basis, and provides for a pool of pre-qualified contractors to bid on other projects on a lump sum basis that cannot feasibly be completed on a time and material basis. For this reason, the Administration released ITB 2017-049-WG seeking bids from qualified contractors. The intent of the ITB_into establisha list ofpre-qualified firms, on the basis of licensure, experience and insurance, from whom the City could request quotes at the time a need was identified. The ITB stated that the City may award work on: 1) a time and materials basis in accordance with hourly rates and administrative mark-ups offered 2) that In lieu of a time and materials order, the project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Through the ITB, the City sought responses for the following categories. General Contractor Insulation and Acoustical Tile Building Contractor Lathing and Plastering Caulking Master Electrician Canvas Awning Master Burglar Alarm Concrete Forming and Placing Master Plumber Concrete Slab Sawing &Core Drilling Master Lawn Sprinkler Decorative Concrete & Masonry Fence Master Pool Maintenance(unlimited) Demolition Master Swimming Pool Piping Door Master Air Conditioning Unlimited Drywall Master Gasoline Tank and Pump Fence Master General Mechanical Finish Carpentry Painting Flooring Plumbing Maintenance Garage and Industrial Door Roof Glass and Glazing Roof Deck Gypsum Drywall Installer Structural Steel Erection Gypsum Drywall Finisher Swimming Pool Waterproofing ITB PROCESS https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item... 12/13/2017 Coversheet Page 2 of 4 ITB No. 2017-049-WG, was issued on April 18, 2017, with a bid opening date of May 31, 2017. Two (2) addenda were issued. The Procurement Department issued bid notices to 468 companies utilizing www.publicpurchase.com website and 193 companies via email notification. The notices resulted in the receipt of twelve (12) responses from: Design-Build Interamerican, Inc., Delcons, Inc., Lee Construction Group, Inc., Florida Lemark Corp., Halcyon Builders, Inc., Ceepco Contracting, LLC, A and J Roofing Corp., Master Mechanical Services, Inc., Decktight Roofing Services, Inc., Therma Seal Roof Systems, LLC, Government Business Development, LLC, and Team Contracting, Inc. as indicated in Attachment A. As indicated in Attachment A, some categories of work received one or no bids. For these categories, the Administration intends to conduct an industry review meeting to ascertain any challenges that contractors may be having with bidding and/or seek additional bids through a subsequent ITB. Pursuant to Section 255.20, Florida Statutes, construction-type projects exceeding $300,000 or electrical projects exceeding $75,000 may not be awarded pursuant this ITB. CONCLUSION It is important that the City maintain a list of qualified, licensed contractors that can quickly respond to the maintenance, and capital repair and replacement needs of City facilities. Therefore, after considering the bids received and the evaluation by staff, pursuant to ITB 2017-049-WG, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of the responsive, responsible bidders for both the time and materials and pre-qualified pool award options (Attachment A), and further authorize the Mayor and City Clerk to execute contracts as follows for the listed categories: General Contractors Design Build Interamerican, Inc. Florida Lemark Corp. Team Contracting, Inc. Halcyon Builders, Inc. Ceepco Contracting, LLC Delcons, Inc. Lee Construction Group, Inc. Building Contractors -Ceepco Contracting, LLC Team Contracting, Inc. Caulking Contractors Florida Lemark Corp. Ceepco Contracting, LLC A&J Roofing Corp. Concrete Forming and Placing Contractor Florida Lemark Corp. Halcyon Builders, Inc. Ceepco Contracting, LLC Team Contracting, Inc. Painting Contractors Florida Lemark Corp. Halcyon Builders, Inc. Ceepco Contracting, LLC Government Business Development, LLC Team Contracting, Inc. Waterproofing Contractors Florida Lemark Corp. Ceepco Contracting, LLC A& J Roofing Corp Government Business Development, LLC Demolition Contractors Halcyon Builders, Inc. https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item... 12/13/2017 Coversheet Page 3 of 4 D- rywall Contractors Halcyon Builders, Inc. Ceepco Contracting, LLC Finish Carpentry Contractors Halcyon Builders, Inc. Ceepco Contracting, LLC G- ypsum Drywall Installer Contractors Halcyon Builders, Inc. Ceepco Contracting, LLC Gypsum Drywall Finisher Contractors Halcyon Builders, Inc. Ceepco Contracting, LLC I-nsulation And Acoustical Tile Contractors Halcyon Builders, Inc. Ceepco Contracting, LLC Door Contractors Ceepco Contracting, LLC F- ence Contractors Ceepco Contracting, LLC Flooring Contractors Ceepco Contracting, LLC G- lass and Glazing Contractors Ceepco Contracting, LLC L- athing and Plastering Contractors Ceepco Contracting, LLC P- lumbing Maintenance Contractors Ceepco Contracting, LLC R- oofing Contractors Ceepco Contracting, LLC A&J Roofing Corp Decktight Roofing Services, Inc. Therma Seal Roof Systems, LLC R- oof Deck Contractor • Ceepco Contracting, LLC A&J Roofing Corp M- echanical Contractors Master Mechanical Services, Inc. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. Grant funding will not be utilized for this project. https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item... 12/13/2017 Coversheet Page 4 of 4 Legislative Tracking Property Management/Procurement ATTACHMENTS: Description 0 Attachment A Tabulation Sheet https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item... 12/13/2017 . . |{)!(( UM | � . . . . . . . . . . . , u �!!!;|;� | | E — HsI \ !ƒ. 1!� I |�|1 �1 . } . - : , ° ,, CI �r\_1 2 IIIIIIIIIIIIIuIIlIIIIIiiiiiU /| ci G� \ - :!. : : �� � { . . 1. { e { . 11 ■ ` IIIIIIIIIIIiIIIIUIiIIHUIiIIII : \ { . } / , } ,1: : . > \ , : : \ _ �||� �ƒ }|{ IiiUiiIIiiiiUPhIiiflhiiIIii !(|�� i ! !| | . . _ . ;_ ° | � iiuiiiiiuiiiiiiiniuii2-_ _ §`/ !a|! • [ � - ! I 11111111111111111111111 F ° s ,$» If f|s; ® 11 (\ /| a11 ' 1F.x '■ 1- q CO N O r O _ A ID C) C) CO C io_ co D G _ Cl) .D N N 1 1 De 0- CD N C, 0 ..---. d C, O 1 N 1 O ,-- O in H 1 N i w w w w E_r ` V° n c w `_j_ o f $ 88 §3 $^'$o a §3 s i Es t §:. w £ C w 8:,C-- w w w w w w w „ M w w .„ g, o;Amo ga oxo& ' €2 _„`w sno5-v € gm '-2 --m 3 -�a t„” 1 E E E S I S E 1 1 S A g L co 0 co/ k \ [ k \ cn 2 „,� k} ti [ \{ . . Et -. /| . _ . [| , /. _ * \ | (!§! Ze (,}=;2 E ;;li I.7; §` ! w O1 ;- :: : k . . rl -=,� � . .,; ( ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue,3`d Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 2 ITB 2017-049-WG Building and Specialty Trade Contractors for Minor Projects June 8, 2017 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. ANSWERS TO QUESTIONS RECEIVED. Q1) How will incidentals be handled? For example, if dumpsters, trash chutes, scaffolding, concrete pump, or personnel lifts are needed. How will these be accounted for? Al) Please refer to Appendix D, Special Conditions, Paragraph 2.3, entitled Administrative Mark-up for Parts and Materials, which states the cost of any ancillary third-party services that are provided by the vendor, with prior approval of the Contract Manager, may be determined in the manner prescribed. Q2) How many bidders will be selected per trade? A2) The City is unable to determine how many bidders will be selected per trade at this time. Q3) Will the Dun & Bradstreet Supplier Qualification Report be required with the bid? A3) No. Please refer to Appendix A, Paragraph 2, entitled Financial Capacity. Q4) Please advise to whom the bonding capacity letter should be addressed to. A4) Bonding Capacity letter should be addressed as follows: William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 Q5) On the Appendix "A", For the section 2. Financial Capacity, it is necessary to submit a Supplier Qualification Report(SQR)from Dun & Bradstreet for this ITB? A5) Please refer to Appendix A, Paragraph 2, entitled Financial Capacity. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a�miamibeachfl.gov. Procurement Contact: Telephone: Email: 1 William Garviso 305-673-7000, ext. 6650 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, — Alex Denis Procurement Director 2 Y IAMI B AC-'!_!-- --- -- City of Miami Beach, 1755 Meridian Avenue,3`d Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 1 ITB 2017-049-WG • Building and Specialty Trade Contractors for Minor Projects May 12, 2017 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. REVISIONS 1. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 P.M., on Wednesday June 14, 2017, at the following location. l 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. 2. Revise Appendix C, Minimum Requirements, Paragraph 1.2, Bonding Capacity, as follows: General and Building Contractors (BLDG 0001 and BLDG 0002) shall submit proof of bonding capacity of no less than $500,000.00 $1,000,000. All other specialty !..911,910, Proof of bonding capacity letter shall be from an A-rated Financial Class V Surety Company, at a minimum. All other specialty trade contractors are not required to state their firm's bonding capacity on the bid price form for which it is submitting a bid. II. ANSWERS TO QUESTIONS RECEIVED. Q1) Does the material markup and the dollar per hour need to factor in all general conditions and overhead? Al) Yes. Q2) How long are the prices fixed for? RFQ states bidders need to honor their prices without increase for XXX amount of time. Need to know how long this contract is valid for? A2) Please refer to Appendix D, Special Conditions, Paragraph 6, Prices Shall Be Fixed For the Term of The Contract (p.44). J� 1 Q3) Does the City have an actual Unit Cost for the "Hourly Rate - Regular" and for the "Hourly Rate- Non Regular", if so, could you provide us with this info? _ _ _ _ _A3) No.The_City's previous Trades Contract was not awarded pursuant to pre- established hourly rates. Q4) Can we submit a bid if our bonding capacity is less than the required limits stated in Appendix C, Minimum Requirements, Paragraph 1.2, Bonding Capacity? A4) Yes. Bidders may be awarded and categorized based on their bonding capacity. Please state your bonding capacity on Appendix E, Bid Price Form. Award of bidders may be made categorized individually by trade and bonding capacity. 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 RafaelGranadoCcr�miamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. • Ales De Pro --ment Director • 2 I \VITATION TO BID (ITB) BUILDING AND SPECIALTY TRADE CONTRACTORS FOR MINOR PROJECTS 2017-049-WG BID ISSUANCE DATE: APRIL 18, 2017 BID DUE: MAY31, 2017@3:00 PM ISSUED BY: 4 MIAMIBEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x6650 1 www.miamibeachfl.gov E t t., TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 16 APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 17 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 42 APPENDIX E COST PROPOSAL FORM 46 APPENDIX F INSURANCE REQUIREMENTS 82 APPENDIX G SAMPLE MASTER AGREEMENT & CONTRACTOR SERVICE ORDER 84 ITB 2017-049-WG 2 SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (wtiw.oubIicourchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder 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. 2. PURPOSE. The City is seeking bids from qualified general building and specialty trade contractors for minor projects to: 1) provide the City with various routine minor construction and trades work on a time and materials basis, including parts, labor, materials, equipment and supervision on an "as needed" basis, including emergency repairs; or 2) participate in a pool of prequalified contractors, by trade, for minor projects. Minor projects are defined as those projects under the thresholds stipulated in Section 255.20, Florida Statutes. Pursuant to Section 255.20, Florida Statutes, construction-type projects exceeding $300,000 or electrical projects exceeding $75,000 may not be awarded pursuant this ITB. Contractors may submit a bid response for: 1) Projects awarded on a time and material basis(See Special Condition 2), or 2) Projects awarded pursuant to the pool of pre-qualified contractors (See Special Condition 3), or for both award options. Through the ITB, the City seeks responses for the following categories. The Miami-Dade County certification category requirement is listed alongside each category. General Contractor BLDG 0001 Insulation and Acoustical Tile BLDG 0025 Building Contractor BLDG 0002 Lathing and Plastering BLDG 0026 Caulking BLDG 0009 Master Electrician ELEC 0001 Canvas Awning BLDG 0008 Master Burglar Alarm ELEC 0002 Concrete Forming and Placing BLDG 0012 Master Plumber PLUM 0001 Concrete Slab Sawing &Core Drilling BLDG 0013 Master Lawn Sprinkler PLUM 0003 Decorative Concrete&Masonry Fence BLDG 0027 Master Pool Maintenance(unlimited)PLUM 0009 Demolition BLDG 0015 Master Swimming Pool Piping PLUM 0010 Door BLDG 0016 Master Air Conditioning Unlimited MECH 0003 Drywall BLDG 0017 Master Gasoline Tank and Pump MECH 0009 Fence BLDG 0018 Master General Mechanical MECH 0001 Finish Carpentry BLDG 0053 Painting BLDG 0078 Flooring BLDG 0020 Plumbing Maintenance PLUM 0004 Garage and Industrial Door BLDG 0022 Roof BLDG 0044 Glass and Glazing BLDG 0023 Roof Deck BLDG 0046 Gypsum Drywall Installer BLDS 0098 Structural Steel Erection BLDG 0054 Gypsum Drywall Finisher BLDS 0099 Swimming Pool BLDG 0055 Waterproofing BLDG 0109 ITB 2017-049-WG 3 m BEA 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: ITB Issued April 18, 2017 Pre-Bid Meeting May 3, 2017 @ 10:00AM Deadline for Receipt of Questions May 22, 2017 @ 5:00PM Responses Due May 31, 2017 @ 3:00PM Tentative Commission Approval Authorizing Award TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone: Email: William Garviso, CPPB 305 673-7000#6650 wTlNarcarisc�Jr miamibeachfl.cov Additional the City:Clerk is to be copied on all communications via email at:;RafaelGranado • miamibeachfl.•ov; or via fac, imi1e:w786-394-4188 The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s) may be scheduled. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. ITB 2017-049-WG 4 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: ht-to: veb rriamibeachfl.cov'procurer^Err°scroll.asax' it=23513 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481'THROUGN 2-4§6 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 -4 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 CITY CODE SECTIONS 2 407 THROUGH 2110 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- • DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid, to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • 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. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation 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 solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS. The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 1TB 2017-049-WG 5 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. NOT USED. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid 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 solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. 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. 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. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • 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. 15. INTENTIONALLY OMITTED. ITB 2017-049-WG 6 k I"'f i1 16. BINDING CONTRACT. The signed bid shall be considered an offer on the part of the bidder, which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1) Addendum in reverse order of release; 2) Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. A master agreement may be executed following award by the City Commission (See Special Condition 9). Bidders that fail to execute the master agreement following award may be barred from bidding on future projects for a period of not less than one(1)year. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. No guarantee is given regarding the volume of work to be awarded pursuant to this ITB. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 21.AMERICAN WITH DISABILITIES ACT.To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. ITB 2017-049-WG 7 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least ten (10)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Procurement Department, 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 with a copy to the City Clerk. ITB 20)7-049-WG 8 BEAChi 30. COLLUSION. Where two (2) or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties"means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract, or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. 1TB 2017-049-WG 9 G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid; then B. Addendum issued for this Bid, with the latest Addendum taking precedence; then C. The Bid; then D. The bidder's bid in response to the Bid. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1TB 2017-049-WG 10 Q� BEA: 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a "first priority" under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements, you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency 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 exempf from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. TB 2017-049-WG 11 `_ `j 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. ftB 2017-049-WG 12 BE CH 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications, free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). ITB 2017-049-WG 13 BEACH 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5) calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66. SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination, which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. ITB 2017-049-WG 14 m BEACH The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2017-049-WG 15 tre SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, three (3) bound copies and one (1) electronic format (CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 —Bid Price Form(s) (Appendix E). The Bid Price Form(s) (Appendix E) shall be completed mechanically or, if manually, in ink. Bid Price Forms submitted in pencil shall be deemed non-responsive. All corrections on the Bid Price Form shall be initialed. • TAB 2-Bid Certification, Questionnaire and Affidavits (Appendix A). • TAB 3•Documentation indicating compliance with Minimum Eligibility Requirements, including: o Miami-Dade County License(s) o Bonding Capacity Letter o Previous Experience Reference. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2017-049-WG 16 APPENDIX "A" /v'\JAM B Proposal Certification , Questionnaire & Requirements Affidavit General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 017-049WG 17 Solicitation No: Solicitation Title: 2017-049-WG General Building and Specialty Trade Contractors Procurement Contact Tel: Email: William Garviso, CPPB (305) 673-7000#6650 williamgarviso@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal 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. ITB 2017-049-VVG 17 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES NO 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. Financial Capacity. When requested by the City, each Proposer 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: ht_cslIs£ucc;ier=v4.31i.dr b.. ^Irneibaccsi sgcreslseritet'SupolierPortal?storald=11695 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer 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. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. 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. Section 4 above is superseded by the requirements stipulated in Appendix C,Section 1.4,Previous Experience Reference to be submitted in Tab 3 of Proposal. 5. 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 an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sectkons 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of ttfe 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. ITB 2017-049-WG 18 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the 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/. • using the Consumer Price Index for all Urban Consumers(CPI U)Miami/Ft.Lauderdale,issued by the U.S.Department of Labor's 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES - NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses • Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave I1-8 2017-049-WG 19 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/. 10. 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. 11. 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. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. 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 Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. 1TB 2017-049-WG 20 14. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity Fair Chance Requirement. ITB 2017-049-WG 21 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. 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. Proposers should rely exclusively on their own investigations,interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,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 Proposal,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 Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers 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. ITB 2017-049-VJG 22 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 Proposers 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 Proposal 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 ) On this_day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: IT6 20 1 7-049-WG 23 APPENDIX B M AM1 BEACH " No Bid " Form General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Wife: it.is impoitantfor those Vendors who have received notification of it4 solicitation but hove decided not to respond, to complete and submit i the attached "Statement of No Bid." The "Statement of No Bid" provides '.the City with information on how to improve the solicitation process. 1,'Frzairelb submit a "Statement of No Bid" may result in not being notified ` a W.T.o solicitat r by the City_ ITB 2017-049-WG 24 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB BID #2017-049-WG 1755 Meridian Avenue, 3`d Floor MIAMI BEACH, FL 33139 ITB 2017-049-NG 25 APPENDIX C W\ AMBEACH Minimum Requirements & Specifications General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-049-WG 26 1. MINIMUM ELIGIBILITY REQUIREMENTS. The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit, with its bid or upon request by the City, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1.1 Licensure. Bidder (proposing firm) must authorized by Miami Dade County as a General Building or Specialty Trade Contractor (and maintain same throughout the duration of the contract) for the categories of work listed in Section 2, Scope of Work, below, for which the bidder submits a bid. 1.2 Bonding Capacity. General and Building Contractors (BLDG 0001 and BLDG 0002) shall submit proof of bonding capacity of no less than $1,000,000. All other specialty contractors shall submit proof of bonding capacity of no less than $500,000. Proof of bonding capacity letter shall be from an A-rated Financial Class V Surety Company, at a minimum. 1.3 Previous Experience. Bidder shall submit a listing of at least one project, within the category for which it is submitting a bid that the bidder has completed or is in the process of completing for a public sector agency within Miami-Dade County. For each project, submit the following: 1) name of project; 2) scope of the work; 3) dates of the project; 4) awarding public agency within Miami Dade County; 5) contact individual at public agency; and 6) contact individual's telephone number and email address. 2. SCOPE OF WORK.The work awarded pursuant to this ITB shall primarily consist of work within one of the following categories of contractor authorizations issued by Miami Dade County. The City intends to pre-qualify multiple contractors for each category of work to be eligible for future work. 2.1 General Contractor BLDG 0001 General contractor is a contractor whose services are unlimited as to the type of work, height, area or complexity of construction, and has a qualifying agent with the experience, knowledge and skill gained by not less than four (4) years' experience for a State of Florida certified or registered general contractor with at least one (1) year as either a superintendent or foreman or four(4) years'experience as a State of Florida certified or registered building contractor or sub- general contractor or has an accredited college-level education in a construction-related field equivalent thereto, or any combination thereof, with at least one year of proven experience as a superintendent or foreman and who has satisfactorily passed a general contractors' examination. A general contractor may do, contract for, and take out permits for the work of any specialty building contractor subject to the limitations contained herein. 2.2 Building Contractor BLDG 0002 Building contractor is a contractor whose services are limited to construction of commercial buildings and single dwelling or multiple dwelling residential buildings, which commercial or residential buildings do not exceed three (3) stories in height, and accessory use structures in connection therewith, or a contractor whose services are limited to remodeling, repair, or improvement of any size building if the services do not affect the structural members of the ITB 2017-049-WG 27 building and has a qualifying agent with the experience, knowledge and skill gained by not less than four (4) years' experience for a State of Florida certified or registered general, general building, building or sub-general contractor with at least one (1) year as either a superintendent or foreman or has an accredited college-level education in a construction related field equivalent thereto, or any combination thereof, with at least one year of proven experience as a superintendent or foreman and who has satisfactorily passed a building contractors' examination. A building contractor may construct, contract for, and take out permits for the work of any specialty building contractor subject to the limitations contained herein. 2.3 Caulking BLDG 0009 Caulking Contractor is qualified and certified to caulk windows, window to frame and the frame of windows, doors and panel walls to the surfaces of other building components, to clean cracks, joints and seams and to caulk and apply water resistant materials to surface cracks, joints and seams between the same or different materials on the exterior or interior of a building in such a manner that satisfactory caulking can be accomplished. Experience requirement as a prerequisite to issuance of certificate shall be two (2) years. 2.4 Canvas Awning BLDG 0008 Canvas Awning Contractor is a qualified and certified to fabricate, erect and install metal- framed canvas covered awnings or canopies, in or on buildings or other structures, and which may be, in whole or in part supported on a building wall erected and provides by others, or may be self-supporting, and including the miscellaneous hardware for ready extension or retraction of such awnings and including footings in connection therewith. The scope of work of this category shall also include the erection and removal of canvas tents. Experience requirement as a prerequisite to issuance of certificate shall be one(1)year. 2.5 Concrete Forming and Placing BLDG 0012 A concrete forming and placing contractor is a contractor qualified and certified to proportion, batch and mix aggregates, cement and water to agreed specifications; to construct forms and framework for the casting and shaping of concrete, including, but not limited to, columns, beams, decks and window frames; to place and erect reinforcing steel and miscellaneous embedded steel; and to pour, place and finish concrete, including terrazzo. 2.6 Concrete Slab Sawing &Core Drilling BLDG 0013 A concrete slab sawing and core drilling contractor is a contractor qualified and certified to cut and/or core concrete, asphalt or any masonry combination thereof. Where cutting or coring is done on any structural member of any building or structure, it shall be under the direct supervision of the general or prime contractor and professional engineer who is responsible for that building or structure. All cutting or coring is to be approved by and coordinated between the general or prime contractor and the specialty or subcontractor as to the layout of the work to be performed. Such contractor shall have a qualifying agent with experience and skill gained by at least one (1) year's practical work in this field and who has passed a designated examination. 2.7 Decorative Concrete&Masonry Fence BLDG 0027 Decorative Concrete and Masonry Fence is qualified and certified to lay concrete block or erect precast units including columns and caps in fences not to exceed (4)four feet in height. ITB 17o49-WG 28 These fences cannot be used as a building or structural wall. Experience requirement as a pre-requisite to issuance of a certificate shall be one(1)year. 2.8 Demolition BLDG 0015 A demolition contractor is a contractor qualified and certified to demolish, wreck or disassemble buildings or other structures or parts thereof and remove the debris therefrom in such a manner that adjoining structures and properties and parts thereof and workmen and other persons may be kept safe. 2.9 Door BLDG 0016 Door Contractor is qualified and certified to fabricate and install swinging or sliding doors of wood or metal or material other than glass not exceeding seven (7) feet in height and not exceeding six feet(6) in width, except where the glass area therein does not exceed fifty(50%) of the area of the door and where such door is installed in openings in building walls erected and provided by others, provided however, that glass or sliding glass doors shall not be a part of the scope of such work. Experience requirement as a pre-requisite to issuance of certificate shall be one(1) year. 2.10 Drywall BLDG 0017 A drywall contractor is a contractor qualified and certified to install gypsum drywall products to studs, joists and suspended ceiling channels and to fabricate and install accessories and all necessary trim in connection therewith including metal and wood studs, runners, hangers, channels, drywall metal suspension accessories and prefabricated ceiling materials, provided that any plaster work or troweled material, application of block or wood partitions shall not be a part of the scope of such work. The experience requirement for the qualifying agent for a drywall contractor shall be one (1)year and six(6) months. 2.11 Fence BLDG 0018 A fence contractor is a contractor qualified and certified to fabricate, assemble, erect and install fences of masonry, wire, concrete, wood and other fence materials, in such manner that an acceptable fence can be erected complying with applicable regulations including zoning regulations. Such contractor shall have a qualifying agent with experience and skill gained by at least one (1) year's practical working this field and who has passed a designated examination. 2.12 Finish Carpentry BLDG 0053 Finish Carpentry Contractor is qualified and certified to fabricate and erect cabinets, store fixtures and similar prefabricated or on-site fabricated enclosures of wood or plastic, of a non-structural nature. He is also permitted to apply paneling to interior of a structure. The paneling may be of wood or synthetic products or a combination of both. He may set door jambs, hang wood doors, and apply miscellaneous molding to a structure. The experience requirement as a prerequisite to issuance of a certificate shall be two (2) years. 2.13 Flooring BLDG 0020 Flooring Contractor is qualified and certified to fabricate, repair, maintain, install and apply floor surfacing materials of ceramic tile, asphalt tile, vinyl tile, cork tile, linoleum, parquet wood, wood strip flooring or similar wearing surfaces, prefabricated or cast-in-place, to floor decks ITB 2017-049-WG 29 constructed and provided by others. Experience requirements as a prerequisite to issuance of certificate shall be one (1) years. 2.14 Garage and Industrial Door BLDG 0022 Garage and Industrial Door Contractor is qualified and certified to fabricate and install swinging, sliding or overhead doors of unlimited dimension and of any material and where such door is installed in openings in building walls or attached to a building erected and provided by others. The scope of this category shall include the installation of incidental hardware such as, but not limited to locks, fusion linkage, springs, gears or motor operation except that electric work shall be sub-contracted to a qualified and certified electrical contractor, provided however, that the installation of glass or sliding glass doors shall not be a part of the scope of such work. Experience requirement as a requisite to issuance of certificate shall be one (1) year. 2.15 Glass and Glazing BLDG 0023 A glass and glazing contractor is a contractor qualified and certified to fabricate, install and attach windows of any type, fixed or movable, and swinging or sliding glass doors to building walls or columns erected by others including installation of glass-holding or supporting mullions or horizontal bars which in turn are attached to building walls or columns erected by others, including the cutting and installation of glass, and shall also include metal accessories and prefabricated glass, metal or plastic curtain walls or panels. The scope of work shall include the caulking incidental to all such work and shall include the fabrication and installation of garage and industrial doors and shower and tub enclosure doors and metal facias, store front awnings or canopies. 2.16 Gypsum Drywall Installer BLDS 0098 Gypsum Drywall Installer Contractor is qualified and certified to install gypsum drywall products to studs, joists and suspended ceiling channels, provided that any installation of studs, joists and suspended ceiling channels and the installation of tape joints and finishes shall not be a part of such work. Experience requirement as a prerequisite to issuance of certificate shall be two (2)years. 2.17 Gypsum Drywall Finisher BLDS 0099 Gypsum Finish Drywall Contractor is qualified and certified to install tape joints, joint compounds and finish coatings to gypsum drywall surfaces provided that any installation of gypsum drywall shall not be part of such work. Experience requirement as a prerequisite to issuance of certificate shall be two(2) years. ITB 2017-049-WG 30 2.18 Insulation and Acoustical Tile BLDG 0025 Insulation and Acoustic Tile Contractor is qualified and certified to fabricate, install and apply thermal or acoustic or fire retardant acoustic material to walls, floors, ceilings or within such walls, floors or ceilings, by mechanical or adhesive methods to supporting members provided by others in such manner that under an agreed specification satisfactory insulation can be accomplished. The scope of work shall also include the installation of metals channels, hangers or suspension systems for the supporting of acoustic, thermal or fire retardant acoustic tile or drop in units, provided however, the insulation of pipes, vessels or ducts or built up refrigeration boxes or rooms as maybe under the category of a Mechanical Insulation Contractor or the application of insulation over the top of a roof deck where such insulation is attached by adhesion shall not be a part of this scope of work. Experience requirement as a prerequisite to issuance of certificate shall be two (2) years. 2.19 Lathing and Plastering BLDG 0026 A lathing and plastering contractor is a contractor qualified and certified to apply and affix wood, gypsum or metal lath or any other product prepared or manufactured, including the placing of metal studs and runners to which lath is to be applied, to provide key or suction bases for the support of plaster coatings, to provide hangers, channels and other mechanical suspension work for the support of lath or acoustical tile or other prefabricated ceiling materials, including the channel iron work for the support of metal or other fire resistive lath on walls, ceilings or soffits, or for solid plaster partitions; and to coat surfaces with a mixture of sand or other aggregate, gypsum, plaster, Portland cement or quick lime and water or any combination of such materials as to create a permanent surface coating and which coatings are usually applied with a plasterer's trowel or by pneumatic pressure on any surface which offers a mechanical key for the support of such coatings or to which the coating will adhere by suction. The scope of work shall not include the erection of wood stud or masonry walls. Such contractor may perform the work of a drywall contractor. 2.20 Master Electrician ELEC 0001 An electrical contractor is a contractor whose principal contracting business consists of the execution of contracts requiring the experience, financial means, knowledge and skill to install, repair, alter, add to or change any electrical wires, fixtures, appliances, apparatus, raceways, conduit or any part thereof, which generates, transmits, transforms or utilizes electrical energy in any form for light, heat, power or communications including the electrical installations and systems within plants and substations, all in such manner as to comply with all plans, specifications, codes, laws and regulations applicable and his scope of work shall include that of a room air-conditioning contractor, installation only. Such contractor shall have as a qualifying agent a master electrician. The scope of such contractor's work shall apply to private and public property and shall include any excavation and paving work incidental thereto, and shall include the work of all specialty electrical contractors. Such contractors shall subcontract with a qualified contractor in the field concerned, all other work incidental to the work, but which is specified herein as being the work of a trade other than that of an electrical contractor. ITB 2017-049-WG 31 2.21 Master Burglar Alarm ELEC 0002 A burglar alarm specialty electrical contractor is a contractor qualified to install, repair, alter, add to or change any system electrically energized, in whole or in part, for the detection, prevention or control of burglary. The scope of these systems shall include conductors and raceways, radio frequency carriers, laser beams, light beams, sonic beams, and any other means of signal transmissions, as well as all apparatus pertaining to burglar alarm systems. A burglar alarm specialty electrical contractor may connect to an existing separate circuit of approved capacity, which is terminated in an approved outlet,junction box, or fused disconnect switch within six (6) feet of the equipment to be energized. Such contractor shall have as a qualifying agent a burglar alarm master. Also burglar alarm journeymen are required in this trade. 2.22 Master Plumber PLUM 0001 A plumbing contractor is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge and skill to install, maintain, repair, alter or extend plumbing, septic tanks, drainage and supply wells, swimming pool and piping or solar heating systems and all appurtenances, apparatus or equipment used in connection therewith, including boilers and pressure and process piping and including the installation of water, gas, storm and sanitary sewer lines, and for the mechanical installation of gas, water and sewage plants and substations. The scope of work of the plumbing contractors shall also include the installation, maintenance, repair, alteration or extension of airpiping, vacuum line piping, oxygen line piping, nitrous oxide piping, fire line standpipes and fire sprinklers, ink and chemical lines, gasoline piping and tank and pump installation (excepting bulk storage plants) and pneumatic control piping systems, all in such a manner as to comply with all plants, specifications, codes, laws and regulations applicable. Such contractor shall have as qualifying agent a master plumber. The scope of work of the plumbing contractor shall apply to private and public property, shall include any excavation work incidental thereto and shall include the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work, but which is specified herein as being the work of a trade other than that of a plumbing contractor. The scope of work of such a contractor does not include the installation of chilled water lines or related work incidental thereto. 2.23 Master Lawn Sprinkler PLUM 0003 A lawn sprinkler contractor is a contractor, having the financial means and who has a qualifying agent with one (1) year experience in the lawn sprinkler trade, and qualified and certified to install, maintain, repair, alter or extend a lawn sprinkling system and appliances and devices used in connection with such systems, except that such systems shall not include the drilling of wells or the connecting of such systems to potable water. Sprinkler and irrigation systems used for agricultural purposes shall not be included within the scope of this subsection. ITB 2017-049-WG 32 2.24 Master Pool Maintenance (unlimited) PLUM 0009 Swimming pool maintenance contractor (unlimited) is a contractor qualified and certified to do the work of a swimming pool maintenance contractor (limited) and is covered by the same definition except that the swimming pool maintenance contractor (unlimited) shall be able to carry on all such work in connection with both private and public pools. A pool maintenance contractor is not permitted to do any other plumbing, electrical, or mechanical work as covered by the Florida Building Code, or to do any of the original construction on installation in a new pool.All employees of Swimming Pool Maintenance Contractors both limited and unlimited who are engaged in the cleaning and treatment of water in existing swimming pools shall possess a current swimming pool operator's certificate. 2.25 Master Swimming Pool Piping PLUM 0010 A swimming pool piping contractor is a contractor having the required financial means and having a qualifying agent as provided herein. Such qualifying agent shall have experience and skill gained by not less than one (1) year of experience, or its educational equivalent, or a combination of such experience and education, in installing swimming pool piping under the supervision of a plumbing contractor or a contractor making swimming pool piping installations. Such qualifying agent shall be qualified, examined, and certified to perform the functions within the scope of work of a swimming pool piping contractor as hereinafter provided. The scope of work of a swimming pool piping contractor shall permit such a contractor to install, maintain, repair, alter, or extend swimming pool piping systems including the pumps, filters, pool heaters and chlorinators incidental to swimming pools and involving the means of disposing of pool water. The scope of work in this classification shall not include the making of connections to any water supply to be used for human consumption or to sanitary or storm sewers nor shall the scope of work include the installation of any lawn sprinkler system. The swimming pool piping contractor shall have a qualifying agent at all times. A contractor holding a current, valid certificate of competency as a swimming pool piping contractor on the effective date of this section shall continue to be entitled to such certificate and to do, contract for, and take out any permits which might be required for the work of a swimming pool piping contractor. 2.26 Master Air Conditioning Unlimited MECH 0003 An air conditioning contractor (unlimited) is a specialty mechanical contractor qualified and certified to install, repair, alter, add to or change any system of air conditioning, heating and ventilating, unlimited in horsepower or tons, including any or all duct systems necessary to make complete an air conditioning system and including the installation of a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary disposal system; provided that boilers or unfired pressure vessels shall not be a part of the scope of work. 2.27 Master Gasoline Tank and Pump MECH 0009 A gasoline tank and pump contractor is a specialty mechanical contractor qualified and certified to install, maintain, repair, alter or extend any system used for storing and dispensing of gasoline, kerosene, diesel oils and similar liquid hydrocarbon fuels or mixtures to be used solely in connection with gasoline filling stations dispensing fuel to mobile vehicles or marine equipment; provided, however, bulk plants shall not be a part of the scope of such work. ITB 2017-049-WG 3 3 2.28 Master General Mechanical MECH 0001 A general mechanical contractor is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge and skill to perform the following: install, maintain, repair, alter or extend air conditioning, refrigeration, heating, ventilating, boiler and unfired pressure vessel systems, and all appurtenances, apparatus or equipment used in connection therewith; also, piping, duct work, insulation of pipes, vessels and ducts, pressure and process piping, installation of chilled water lines and related work incidental thereto, pneumatic control piping, gasoline tank and pump installations, piping for gasoline tank and pump installations, fire sprinkler systems and standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, mechanical sections of sewage disposal and water treatment plants and installing a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system, all in such a manner as to comply with all plans, specifications, codes, laws and regulations applicable. Such contractor shall have as qualifying agent a general mechanical master. The scope of work of such contractor shall also include any excavation work incidental thereto, but shall not include any work specified in this chapter as being the work of any other trade or contractor, such as but not limited to liquefied petroleum or natural gas fuel lines within buildings, potable water lines, or connections thereto, sanitary sewer lines, swimming pool piping and filters and electrical work. The scope of the work of such a contractor shall also include the work of a specialty mechanical contractor, except for elevator and transporting assembly installations; and if there is work incidental to such contractor's authorized scope of work to be performed pursuant to contract for which such contractor does not hold a certificate of competency, such work shall be subcontracted to a qualified contractor in the trade concerned. 2.29 Painting BLDG 0078 Painting Contractor is qualified and certified to clean, size and do minor caulking in preparation for painting, and to apply waterproofing, paint and related liquid or viscous products thereon by brush, rollers or spray method. This category shall include roof cleaning and painting, sandblasting and parking strip painting. Experience requirement as a prerequisite to issuance shall be one (1) year. 2.30 Plumber Maintenance PLUM 0004 Maintenance plumber is a person qualified and certified by examination to maintain plumbing installations. The work of the maintenance plumber shall be confined to maintenance repairs involving only the working parts of a faucet or valve, the clearance of stoppages, repairing of leaks and the replacement of defective faucets or valves contained and used upon the premises or building owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance plumber is regularly employed. Maintenance plumbers' work shall not include the cutting into, connecting to or extension of potable water lines, or drain waste and vent systems.A certified master or journeyman plumber shall automatically qualify as a maintenance plumber. ITB 201/049WG 34 2.31 Roof BLDG 0044 A roofing contractor is a contractor qualified and certified to install, repair and replace roof systems, as defined in the Florida Building Code, and the waterproofing thereof. Work may include, but shall not be limited to, roof deck insulation, roof coating, painting and covering, including use of sheet metal and installation of other sheet metal products incidental to roofing work, including gutters and downspouts, and other material in connection therewith or any combination thereof and including installation of nonstructural decking and siding. During the repair or replacement process of a roof system, a roofing contractor shall be allowed to repair and/or replace damaged decking and/or damaged wood structural or nonstructural members of the roof framing, provided that such replacement and/or repair conforms to the requirements of the Florida Building Code and the repair or replacement of damaged decking and wood structural or nonstructural members of the roof framing constitutes less than fifty(50) percent of the value of the total work performed. 2.32 Roof Deck BLDG 0046 A roof deck contractor is a contractor qualified and certified to erect, construct, fabricate and install roof decks of Portland cement or gypsum concrete, using lightweight aggregate, on joists or other supporting members erected by others, and shall include the placing of forms and welding of supporting members for forms and miscellaneous reinforcing of the deck and the proportioning, mixing and placing of cement, aggregate and water, provided, however, that roof decks of wood, metal, heavy aggregate concrete, glass or plastic and the application of roofing felts or other water resistant membranes shall not be a part of the scope of such work. The experience requirement for the qualifying agent for a roof deck contractor shall be one (1) year. 2.33 Structural Steel Erection BLDG 0054 A structural steel erection contractor is a contractor qualified and certified to erect structural steel shapes and plates including such minor field fabrication as may be necessary, of any profile, perimeter or cross-section, that are or may be used as structural members for buildings and structures, including steel joists, steel decking and siding, and communication towers, and including riveting, welding and rigging only in connection therewith. The experience requirement for the qualifying agent for the structural steel erection contractor shall be five(5)years. 2.34 Swimming Pool BLDG 0055 3 years' experience A swimming pool contractor is a contractor whose scope of work involves two (2) or more building trades or crafts and is qualified and certified to excavate, construct, fabricate, install and equip swimming pools and such contractor shall subcontract to a qualified contractor, in the field concerned, all other work set forth in this chapter as being the exclusive work of a plumbing, electrical, mechanical or liquefied petroleum gas contractor. ITB 2017-049-WG 35 2.35 Waterproofing BLDG 0109 Waterproofing Contractor, Limited is a contractor qualified, by three (3) years' experience in the installation of above grade waterproofing, e.g., plaza decks, parking garages and terraces, verified through detailed information relating to trade projects and tasks performed in Miami- Dade County in the classification sought, and certification as an approved contractor or applicator from a waterproofing systems manufacturer, and is qualified and certified to clean, sandblast, caulk, and prepare the surface to install, repair and replace waterproofing and damp proofing systems including the application of felt, bitumen, epoxy, pitch, silicone, elastomeric coatings, sheet membranes or any other materials or combination of materials to surfaces, and the incidental use of sheet metal and other components in connection therewith to create an impervious barrier preventing the passage of water by applied protective material, membrane, surfacing, or sealant, on decks no larger than 500 square feet, excluding conventional roofing. In no way is this to be interpreted as limiting, denying or excluding general building, residential, and roofing contractors in the performance of this craft. 3.1 CONDITIONS OF THE WORK. The following requirements and conditions shall apply to all work performed pursuant to any resulting contract to this ITB. 3.1.1 Quality of Work. All work shall be performed in accordance with generally accepted industry principles, standards and practices, including but not limited to the South Florida Building Code and the most stringent standard for the applicable industry or category of work. 3.1.2 Account Representative. Bidder shall provide a dedicated Contact Person, Phone Number and E-Mail Address for twenty-four (24) hours, seven (7) days a week, electronic communication. This person must be available to answer telephone communications during normal working hours (Monday thru Friday), and an answering machine/service for occasions that an individual is not available. 3.1.3 Project Representative. Bidder shall provide a dedicated Contact Person, Phone Number and E-Mail Address for twenty-four (24) hours, seven (7) days a week, electronic communication. This person must be available to answer telephone communications during normal working hours (Monday thru Friday), and an answering machine/service for occasions that an individual is not available. 3.2 Performance and/or Payment Bond. Performance and payment bond, in the full amount of the value of the project, will be required for projects exceeding $200,000. Refer to Section 0200, Instructions to Bidders, 25. Bid Bonds, Performance Bonds, and Certificates of Insurance (As amended by Florida Statute Section 255.20). Within seven (7) calendar days of notification by the City, Contractor shall furnish a Performance Bond from an A-rated Financial Class V Surety Company. If the vendor fails to deliver the bond within this specified time the City shall declare the vendor in default of the contractual terms and conditions, and the City shall not accept any offer from that vendor for a twelve (12) month period following such default. The following specifications shall apply to any bond provided: A. All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey: ITB 2017-049-WG 36 Bond Amount Best Rating 500,001 to 1,500,000 B V 1,500,001 to 2,500,000 A VI 2,500,001 to 5,000,000 A VII 5,000,001 to 10,000,000 A VIII Over 10,000,000 A IX B. On contract amounts of $500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (1985) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the solicitation is issued; 2. Certifying that the surety is otherwise in compliance with the Florida Insurance Code; and 3. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under SS. 31 USC 9304-9308. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. C. For contracts in excess of 500,000 the provisions of Section B will be adhered to plus the company must have been listed for at least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. D. Surety Bonds guaranteed through U.S. Government Small Business Administration or Contractors Training and Development Inc. will also be acceptable. E. In lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a certified cashier's check made out to the City of Miami Beach, Florida, will be acceptable. All interest will accrue to the City during the life of this contract and/or as long as the funds are being held by the City. F. Bond(s) shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 3.3 Field Measurements. Unless specifically instructed otherwise by the City, in writing, the Contractor shall be responsible for the location and layout of all work, and shall be responsible for all field measurements and elevations that may be required for execution of the work to the exact position and elevation. In the case of dimensions, field dimensions, etc. it shall be the Contractor's responsibility to field measure, obtain and verify same. IT1 2017-049-WG 37 3.4 Contractors Use of Project Site. The Contractor shall limit its use of the facility or premises to the Scope of Work, so as to allow for the City's continuous operation. This is necessary as many of the sites where work will be performed will remain in operation during work. 3.5 Damages to Public/Private Property. The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). Building and other damages caused by Contractor's employee(s) shall be estimated by the Project Manager and computed actual costs of repairs shall be deducted from the Contractor's billing(s). 3.6 City Furnished Drawings. Whenever possible the City will furnish drawings, if available, however there may be times where there are no drawings available for the Contractor. It shall be the sole responsibility of the Contractor to bring to the attention of the Project Manager any discrepancies between the drawings and existing conditions, excluding hidden conditions, prior to commencing the Work. The Contractor shall be solely responsible for verifying the drawings prior to commencing the Work and shall be responsible for any errors or revisions of the Work which might have been avoided by notifying the City prior to commencement. This shall apply to any revisions or omissions identified by the Contractor. The Contractor shall have no basis for any claim for additional costs resulting from its failure to identify any required revisions, omissions, errors, etc., not identified in writing to the PM prior to commencing the Work. 3.7 Public Convenience and Safety. The contractor shall conduct his work so as to interfere as little as possible with private business or public travel. He shall, at his own expense, whenever necessary or required, maintain barricades, maintain lights, and take such other precautions as may be necessary to protect life and property, and he shall be liable for all damages occasioned in any way by his actions or neglect or that of his agents or employees. 3.8 Performance. The Contractor shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work. 3.9 Safety Measures. Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity-work shall cease until it is safe to proceed. 3.10 Workmanship and Materials. All parts installed and materials used in performance of ITB 2017-049-WG 38 this contract shall be new and unused (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 3.11 Personnel. Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be employees of Bidder. Personnel assigned to perform services at any of the City's facilities must hold current licenses as reflected within this Invitation to Bid. All the services required herein shall be performed by the successful Bidder, and all personnel engaged in performing the services shall be fully qualified to perform such services. All personnel of the successful bidder must be covered by Workmen's Compensation, unemployment compensation and liability insurance, a copy of which is to be provided to the City. Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary qualified personnel required to perform all services arising from the award of the Contract. 3.12 Hourly Rates. Hourly rates submitted by Contractors shall include all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder to its employees. Payments will be made in arrears, for services rendered, upon submission of properly certified invoices and/or approved inspections reports. All such information shall be provided to the Project Manager for his approval in advance of payment. 3.13 Labor, Supervision, Materials and Equipment. The Contractor shall furnish, at his/her own expense, all labor, supervision, equipment, materials, supplies, paper products, and other equipment necessary for satisfactory completion of all the services as specified in this Invitation to Bid. 3.14 Failure to Perform. Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 3.15 Work Completion. The City shall be notified by the Contractor upon completion of work. The City shall inspect and approve completed work before authorizing payment. Work not satisfactorily completed shall be redone by the Contractor at no additional charge to the City. 3.16 Cleaning and Protection. The Contractor shall during the handling and installation of work, clean and protect the Work in progress and adjoining areas on the basis of continuing maintenance; apply protective covering on installed Work where it is required to insure freedom from damage or deterioration at time of substantial completion. Remove and dispose of all debris, trash and excess materials from the site resulting from Work; removal shall take place daily and more often if hazards or interference are presented; dispose of all material removed off the site in accordance with Federal, State and local laws. ITB 2017-X49-WG 39 Should the Contractor fail, refuse or neglect to remove rubbish, waste materials, and temporary Work or to clean the site as required, the City may, without obligation to do so, remove and dispose of the rubbish, waste material, and temporary work and clean the site and deduct the resulting cost from monies due or to become due to the Contractor under this Contract. The Contractor shall handle waste materials that are hazardous, dangerous or unsanitary separately from other inert waste by containerizing appropriately; disposing of waste materials in a lawful manner. Immediately after completion of each phase of the Work and prior to final acceptance of the Work by the Project Manager, the Contractor shall remove all plant, surplus materials, false work, temporary structures, and debris resulting from his operation. The site shall be cleaned in a neat, presentable manner satisfactory to the Project Manager. 3.17 Differing Site Conditions. The Contractor shall promptly, before such conditions are disturbed, notify the Project Manager in writing of; (1) latent physical conditions at this site differing materially from those indicated in the request for quote and/or drawing, or(2) physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as occurring in work of the character provided for in the request for quote or this Contract, but unknown to the Contractor until encountered during prosecution of the Work. 3.18 Warranty of Construction. For a period of one year, except as provided below, from the date of Completion, the Contractor warrants that the Work conforms to the Contract requirements and is free of any patent and/or latent defect of the material workmanship Exceptions to the above year warranty. Where the manufacturer of material provides a warranty in excess of one year the Contractor shall provide the City with the Manufacturer's warranty. Contractor shall be obligated to provide to the City copies of all Manufacturer's warranties and guarantees. 3.19 Contractor Furnished Drawings. A request for quote may require the Contractor to furnish shop and/or as-build drawings depending on the nature and scope of the work to be performed. The decision to require such drawings is at the discretion of the City. Where required by the request for quote, the Contractor shall furnish as-built drawings to the PM. Final payment shall not be made until the as-build drawings are received and accepted by the PM. 3.20 Permits, Licenses and Impact Fees. 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 by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. ITB 2017-049-WG 40 The City will reimburse the contractor 100% of the cost of the permits only. No administrative fee is allowed to be assessed to the cost of the permits. Costs for re-inspections will not be reimbursed. Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 3.21 Maintenance of Traffic (MOT). Contractor must meet all Maintenance of Traffic (MOT) Standards as per the latest Florida Department of Transportation Construction Manual. Work should be conducted in such a manner that all streets shall be open to traffic at night. Approved MOT with sufficient barricades, signs and lighting shall be maintained at all times for the safety of the public and traffic, and to insure that no traffic will pass over the placed material until it has properly cured. It will be the responsibility of the Contractor to provide proper MOT including all barricades, signs, and lighting in accordance with the above stated requirements. The Contractor shall be responsible for providing an off-duty police officer, if necessary to complete job. 3.22 Mobilization and Demobilization. It will be the responsibility of the Contractor to cover all costs associated with mobilization and demobilization for the duration of the project. ITB 20I'7-Ozi.V7G 41 APPENDIX D /\/'\ AA/\ 1 BEACH Special Conditions General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-044\VG 42 1. Term of Contract. This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional two (2), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six(6) months. 2. Roadmap for Projects Awarded on a Time and Materials Basis. The City may award work on a time and materials basis in accordance with hourly rates and administrative mark-ups offered. The Project Manager shall select the contractor deemed to be best qualified for the project. In doing so, the criteria specified in Section 2-369 of the City Code may be considered. In the event that the contractor with the lowest cost is not selected, the reason(s) shall be documented on the purchase requisition. 2.1 Purchase Orders are required for all work. All invoices shall reflect the accurate Purchase Order number. Failure to do so will result in rejection of invoice. 2.2 Work Day. For billing purposes, regular working hours are from 7:00 a.m. to 5:00 p.m., Monday through Friday. Calls outside these hours and days will be considered non-regular. Work outside of regular working hours must be previously authorized by the City. 2.3 Administrative Mark-up for Parts and Materials. For parts and materials ordered under this option, vendors shall provide quotes or invoice, as determined by the Contract Manager, based on the cost of parts and materials plus the agreed to mark-up. In determining cost of materials to which the mark-up may be applied, the contracting officer may: i. require the vendor to provide actual cost of parts and materials(e.g., contractor's invoice, MSRP, etc.) prior to the issuance of a Purchase Order or approval of an invoice; or ii. may require the vendor to seek and document competition from its sources for the required parts or materials; or iii. may obtain any data are available from primary or other secondary sources and use that data in determining a fair and reasonable price. The cost of any ancillary third-party services that are provided by the vendor, with prior approval of the Contract Manager, may be determined in the manner prescribed above. 3. Roadmap for Projects Awarded Pursuant to Pool of Pre-qualified Contractors. In lieu of a time and materials order, the project/contract manager may request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders (awarded or not) are eligible to participate in the Pre-Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. At its own expense, the contractor shall visit the site and prepare a lump sum detailed quotation (inclusive of all labor, materials, and all other costs. Each quote prepared by the contractor shall include an acceptable description of the nature, extent and character of the work required, as well as performance and delivery schedules. In the alternative, project managers may require an itemized breakdown of the lump sum amounts. ITB 20 r7-049-WG 43 3.1 For projects with an estimated cost up to the amount specified in City Procedure PO16.02, Threshold Category 1 (currently $5,000 or as amended), the project/contract manager may select the contractor deemed to be best qualified. 3.2 For projects with an estimated cost exceeding the amount specified in City Procedure PO16.02, Threshold Category 1 (currently $5,000 or as amended), the project/contract manager shall solicit three quotes. Following the determination of the best quote, in the City's sole discretion, a Contractor Service Order (CSO) will be executed for the project. See Appendix G for sample CSO. Prior to issuing a Purchase Order, for projects $50,000 or greater, the City Manager's approval is required. The City Manager's approval, along with a justification, is also required when the contractor offering the lowest cost is not selected. 3.3 In determining the lowest and best contractor for the project, in addition to price, there shall be considered the following: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 4. Limitation of Project. Pursuant to Florida State Statute Section 255.20, a county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-accounting principles to cost more than $300,000. For electrical work, the local government must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-accounting principles to cost more than $75,000. Projects awarded pursuant to this ITB shall be limited to these thresholds. Construction projects exceeding $300,000 or electrical projects exceeding $75,000 may not be awarded pursuant this ITB. 5. Estimates.The project/contract manager may require the contractor to provide an estimate prior to the commencement of work. Any actual charges that exceed estimate amounts must be pre- approved by the project/contract manager. 6. Prices Shall Be Fixed And Firm For Term Of Contract. If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the three (3) year term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 6.1 Option To Renew With Price Adjustment. The contract could be extended for an additional two (2), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the anniversary date of the contract. ITB 2017-049-WG 44 It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted 60 days prior to expiration of the then current contract term. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 7. Force Majeure. Except as otherwise expressly provided herein, neither party shall be considered in default in the performance of its obligations hereunder to the extent that such performance is prevented or delayed by any cause, existing or future, which is not within the reasonable control of such party including, but not limited to, acts of God or public enemy, fire, explosions, rots, strikes (not including strikes of the Contractor's Staff Personnel), or war. Notwithstanding the foregoing, the failure of any of the Contractor's suppliers, or the like shall not excuse the Contractor's performance except to the extent that such failures are due to any cause without the fault and reasonable control of such suppliers, or the like including, but not limited to, acts of God or the public enemy, fires, explosions, riots, strikes (not including strikes of personnel of the Contractor's suppliers), or war. 8. Background Checks. The contractor shall conduct a full criminal background check at its own expense on each of its employees engaged in providing services under this ITB or any resulting Agreement prior to the commencement of said services. No contractor employee shall be eligible to perform services, pursuant to this ITB or resulting Agreement, if he or she: (1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats; kidnapping; assault; battery; and illegal weapon possession, sale or use. The contractor shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of its failure to comply with this requirement. 9. Master Contract, Purchase Orders & Contractor Service Orders (CSO). A Master Contract shall be executed for each awarded contractor. The Master Contract shall outline the terms and conditions of all work, and incorporate the requirements of this ITB. See Appendix G for sample contract. Purchase Orders are required prior to the commencement of any work. Projects awarded pursuant to the pool of prequalified contractors that exceed $50,000 in value will require an executed CSO prior to issuance of a Purchase Order. ITB 2017-049-WG 45 APPENDIX E A/"JAI\/'J BE AC H Bid Price Form General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-0549-WG 46 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire,cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 1-General Contractor BLDG0001 Group Estimated Annual Line Total Item Descri tion Hours U/M Unit Cost Quantit x Unit Cost 1A Hourl Rate-Re•ular 100 Hourly Rate 18 Hourl Rate-NonR-•ular 20 Hourly Rate ■ Sub-total Group 1—Labor Only(Items lA+1B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u• 1C Su•dies&Materials $2500 °/a Sub-total Group I—Supplies and Materials Only(Item IC) Total Group 1—Labor+Supplies and Materials(1A—CI 1Miami-Dade BLDG 0001 License No.: - 2Bonding Capacity: $ 3Minimum Order Acce• -d: $ Partici.-te in Pr-.ualified Fool: Yes / No I See Appendix C, Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2617-049-WG 47 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. ._.Gawp 2—Budcbg Contractor BUM 0002 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 2A Hourl Rate-Re•ular 100 Hourly Rate 2B Hourl Rate-NonR-•ular 20 Hourly Rate Sub-total Group 2—Labor Only(Items 2A+213) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u• 2C Sus'lies&Materials $2500 Sub-total Group 2—Supplies and Materials Only(Item 2C) Total Group 2—Labor+Supplies and Materials(2A—C) 1Miami-Dade BLDG 0002 License No.: 2Bonding Capel $ 3Minimum Order Accepted: $ Participate in =•ualified Pool: Yes / No 1 See Appendix C,Section 1.1, Licensure. 2 See Appendix C,Section 1.2, Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 48 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 3-Cautking BLDG 0 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 3A Hourl Rate-R-.ular 100 Hourly Rate ■ 3B Hourl Rate-Non R:.ular 20 Hourly Rate Sub-total Group 3—Labor Only(Items 3A+3B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u. 3C Sus'lies&Materials $2500 % Sub-total Group 3—Supplies and Materials Only(Item 3C) Total Group 3—Labor+Supplies and Materials(3A—C) (Miami-Dade BLDG 0009 License No.: zaonding Capacity: $ 3Minimum Order Acce• ed: $ 'Partici • - in P •ualified Pool: Yes I No I See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2, Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 49 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive. All corrections on the Bid Price Form shall be initialed. Group 4-Canvas piing BLOGG 0008 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 4A Hourl Rate-R-•ular 100 Hourly Rate 4B Hourl Rate-Non R-•ular 20 Hourly Rate Sub-total Gip 4—Lala Only(items 4A+4B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri•tion Gross Costs Administrative Mark-u• Mark-u. 4C MIE •• $2500 % ■ Sub-total Group 4—Supplies and Materials Only(Item 4C) Total Group 4—Labor+Supplies and Materials(4A—C) 1Miami-Dade BLDG 0008 License No.: 2Bonding Capacity: $ 3Minimum Order Accepted: $ : 4Partici•.• e in Pr•ualified Pool: Yes I No 1 See Appendix C, Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ^ See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 201/-049-WG 50 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group_5 Concate Forming a P BLit 0012 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 5A Houri Rate-R-pular 100 Hourly Rate 5B Hour! Rate-Non R-•ular 20 Hourly Rate Sub-total Group 5—Labor Only(items 5A+5B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u• 5C •• $2500 Sub-total Group 5—Supplies and Materials Only(Item 5C) Total Group 5—Labor+Supplies and Materials(5A—C) tMiami-Dade BLDG 0012 License No.: 2Bonding Capacity: $ 3Minimum Order Accepted: $ 'Partici - in Pr-•ualified Pool: Yes / No I See Appendix C, Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ' See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: TB 2017-049-WG 51 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 6-Com Slab &Core Wring B#DG 0fi'f 3 Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 6A Hourl Rate-Re•ular 100 Hourly Rate 6B Hourl Rate-Non R-.ular 20 Hourly Rate Sub-total Group 6—Labor Only(Items 6A+6B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u. 6C .1111EMEIMI $2500 Sub-total Group 6—Supplies and Materials Only(Item 6C) Total Group 6—Labor+Supplies and Materials(6A—C) tMiami-Dade BLDG 0013 License No.: ZBonding Capacity: $ 3Minimurn Order Acce•ted: $ Partici•ate in P -•ualified Pool: Yes / No I See Appendix C,Section 1.1, Licensure, 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ^ See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB-20174-9--WG 52 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 7-Decorative Concrete&Mammy Fence BLDG 0027 Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 7A Hourl Rate-R-.ular 100 Hourly Rate 7B Hourl Rate-Non R-.ular 20 Hourly Rate Sub-total Group 7—Labor Only(Items 7A+7B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri•tion Gross Costs Administrative Mark-u• Mark-u. 7C •• $2500 Sub-total Group 7—Supplies and Materials Only(Item 7C) ■ Total Group 7—Labor+Supplies and Materials(7A—C) Miami-Dade BLDG 0027 License No.: -- 2Bonding Capacity: $ Minimum Order Acce. •d: $ 'Partici•.to in Pr-•ualified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ' See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 53 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Grant 8—Mum BLDG 0015 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 8A Hourl Rate-Re•ular 100 Hourly Rate 88 Hourl Rate-Non R-•ular 20 Hourly Rate Sub-total Group 8—Labor Only(Items SA+88) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u• 8C Mill •• $2500 Sub-total Group 8—Supplies and Materials Crtly(Item 8C) Total Group 8—Labor+Supplies and Materials(SA—C) 4Miami-Dade BLDG 0015 License No.: 2Bonding Capacity: $ 3Minimum Order Acce•ted: $ aPartici•. e in Prequalified Fool: Yes / No I See Appendix C, Section 1.1,Licensure. 2 See Appendix C,Section 1.2, Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be'considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 201 7-049-WG 54 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 9-hoc BCUG 016 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 9A Hourl Rate-Regular 100 Hourly Rate 9B Hourl Rate-Non R_•ular 20 Hourly Rate Sub-total Group g—Labor Only(Items gA+9B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri•tion Gross Costs Administrative Mark-u• Mark-u• 9C . $2500 Sub-total Group 9—Supplies and Materials Only(item 9C) Total Group 9—Labor+Supplies and Materials(9A—C) (Miami-Dade BLDG 0016 License No.: 2Bonding Capacity: $ 3Minimum Order Accepted: $ 4Partici.ate in Pr-•ualified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 55 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form`'in its entir-ty:and fuly:ex��ecuted by the`deadline established forth "ecei•ts•s. • proposals will result in proposal being •-i�,.v-d1tpn=responsivaand being rejected:, ,,, Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. r .. Group 10-. ..0017 Group Estimated Annual Line Total (tent Description Hours UIM Unit Cost (Quantity x Unit Cost) 10A Hourly Rate-Regular 100 Hourly Rate 10B Hourl Rate-Non R-•ular 20 Hourly Rate Suit-total Grout I..-Labor Only Reins 1QA+10B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Description Gross Costs I Administrative Mark-up Mark-up) 10C Su.•lies&Materials $2500 - Sub-total Group 10-Supel'ies and Materials OOdly.(Item IC)• _ Total Group 110-tabor+Soup ies and Materials(WA-C) rami-Bade BLDG 0017 License No.: 4fon mg-Capacity: $ `31yrinimurrrOrcrerAccepted: $ rticapatein P . ual ed Pool Yes I No I See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. 413i drill's'Att•L , ::_ xr . Bidder agrees to full�or pl nce`"wtt ter _ d"conditions of fhrs�l7B Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: I • •4•:VY 56 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Groep 11—Fence BLDG 00 8 Group Estimated Annual Line Total Item Descri•tion Hours UIM " Unit Cost Quantit x Unit Cost 11A Hourl Rate-R-•ular 100 Hourly Rate 11B Hourl Rate-Non R-•ular 20 Hourly Rate Sub- Mat Group 11—Labor Only(items 11A+118) Line Total • (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri tion Gross Costs Administrative Mark-u. Mark-u• 11C 111.11MMEM. $2500 Sub-total Group 11—Supplies and Materials Only(Item 11C) Total Group 11—Labor+Supplies and Materials(11A—C) 'Miami-Dade BLDG 0018 License No.: 2Bonding Capacity; $ 3Minimum Order Acce d: $ ; Partici-. - in Prequalified Pool: Yes I .'No I See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Biadar agrees to full compliance with the terms and conditions of this !TB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-*G 57 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Gawp.12—,FinishCarpentry131.13G0053 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 12A Hourl Rate-Re•ular 100 Hourly Rate 12B Hourl Rate-Non R-•ular 20 Hourly Rate -_ Sub-tom Group 12-1 irir Only(Items 12A+12B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u• 12C ••BIERM $2500 Sub-total Group 12—Supplies and Materials Only(Item 12C) Total Group 12—Labor+Supplies and Materials(12A—C} tMiami-Dade BLDG 0053 License No.: 2Bonding Capacity: $ Minimum Order Acce ed: $ Partici.• e in Pr.ualified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 201 7-04/7/VG 58 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Gflaup 13—Rooting BLDG Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 13A Hourl Rate-R-•ular 100 Hourly Rate 13B Hourl Rate-Non Rzsular 20 Hourly Rate Sub-total Group 13—Labor Only(Items 13A+13B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descriation Gross Costs Administrative Mark-u• Mark-u. 13C Su•dies&Materials $2500 Subr-total Group 13—Supplies and Materials Only(Item 13C) Total Group 13—Labor+Supplies and Materials(13A—C) 1Miami-Dade BLDG 0020 License No.: 2Bonding Capacity: $ 3Minimum Order Acce a ed: $ 4Partici•ate in Pr-•ualified Pool: Yes / No 1 See Appendix C, Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 59 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Grow 14—Garage and Mthd l rBLDG 0022 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 14A Hourl Rate-R••ular 100 Hourly Rate 14B Hourl Rate-Non R-.ular 20 Hourly Rate Sub-iota Group 14—Labor Only(Items 14A+143) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u. 14C Su••lies&Materials $2500 Sub-total Group 14—Supplies and Materials Only(Item 14C) Total Group 14—Labor+Supplies and Materials(14A—C) tMiami-Dade BLDG 0022 License No.: 2Bonding Capacity: $ 3Minimum Order Acce• -d: $ aPartici•• in P -•ualtfled Pool: Yes / No 1 See Appendix C, Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049V/G 60 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. _Group 15-Gla s and Glazing BUG WM Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 15A Hourl Rate-R-•ular 100 Hourly Rate 15B Hourl Rate-Non R ular 20 Hourly Rate Sub-total Group 15—Labor Only(Items 15A+15B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u• 15C Suo•lies&Materials $2500 Sub-total Group 15—Supplies and Materials Only(Item 15C) Total Group 15—Labor+Supplies and Materials(15A—C) 1Miami-Dade BLDG 0023 License No.: 2Bonding Capacity: $ 3Minimum Order Acce• ed: $ 4Partici e in Prequalified Pool: Yes / No 1 See Appendix C, Section 1.1, Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB, Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 61 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 161—Gypsum Drywall losbdIerIUDS 0098 Group Estimated Annual Line Total Item Descri tion Hours UIM Unit Cost Quantit x Unit Cost 16A Hourl Rate-Re•ular 100 Hourly Rate 16B Hourl Rate-Non R:•ular 20 Hourly Rate Sub-lotaf Group 16—Labor-Only(items f6A+168) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u• 16C Su•flies&Materials $2500 Sub-total Group 16—Supplies and Materials Only(Item 16C) Total Group 16—Labor+Supplies and Materials(16A—E) ?Miami-Dade BLDG(}498 License No.: 2i3onding Capacity: $ 3Minimurn Order Acce• -•: $ _ PP1artici.. - in P -.ualified Pool: Yes / No I See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 62 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 17—Gypsum Drywon Rusher BIDS DON Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 17A Hourl Rate-Re•ular 100 Hourly Rate 17B Hourl Rate-NonR-.ular 20 Hourly Rate Sub-total Group 17—Labor Only(items 17A+17B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u. 17C Su..lies&Materials $2500 Sub-total Group 17—Supplies and Materials Only(Item 17C) Total Group 17—Labor+Supplies and Materials(17A—C) Miami-Dade BLDG 093 License No.: 2BondTng Capacity: $ Minimum Order Acce -d: $ 4Partici.r e in Pr-•ualified Pool: Yes I No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 63 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Gem 18-Insulation and Accuakad Tie BLDG 0025 Group Estimated Annual Line Total Item Descri'tion Hours U/M Unit Cost Quantit x Unit Cost 18A Hour' Rate-R-•ular 100 Hourly Rate 188 Hourl Rate-Non R-.ular 20 Hourly Rate Sub al Group 18—Labor Only(Items 18A 4-I8B} Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri•tion Gross Costs Administrative Mark-u• Mark-u• 18C 111.111MIMEM $2500 Sub-total Group 18—Supplies and Materials Only(Item 18C) Total Group 1a—Labor+Supplies and Materials OSA—C) r ami-Dade BLDG 0025 License No.: 2Banding Capacity: $ 3Minimum OrderAcce•ted: $ Partici.• e in Pr-.uatified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2, Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-VVG 64 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group'19 -. at d Plastering BLDG 0026 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 19A Hourl Rate-R-.ular 100 Hourly Rate 19B Hourl Rate-Non R-.ular 20 Hourly Rate Sub-tota€Group 19—Labor Only(Items 19A 4-198) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u. 19C Su lilies&Materials $2500 Sub-total Group 19—Supplies and Materials Only(Item 190) Total Group 19—Labor+Supplies and Materials(19A—C} Miami-Dade BLDG 0026 License No. 2Bonding Capacity: $ Minimum OrderAcce. •d: $ ',Partici.•te in Pregualied Fool: Yes I No See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2, Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ^ See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 65 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. _Gawp 20—Master Etectric an EIEC 0001 Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 20A Hourl Rate-Re•ular 100 Hourly Rate -_ 208 Hourl Rate-Non R-.ular 20 Hourly Rate Sub-total Group 20—Labor Only(Items 20A+2013) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri•tion Gross Costs Administrative Mark-u• Mark-u• 20C Su.'lies&Materials $2500 Sub-total Group 2(1—Supplies and Materials Only(item 2CC) Total Group 20—Labor+Supplies and Materials(20A—C) Miami-Dade ELEC 0001 License No.: 2Bonding Capacity: $ 3MinitnumOrderAcce• ed: $ 4Partici.•teinPre.edified Pool: Yes / No 1 See Appendix C, Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 66 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 21—MasterBuirgtalr Mims Q,EC 0002 Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 21A Hourl Rate-R-•ular 100 Hourly Rate 21B Hourl Rate-Non Rz.ular 20 Hourly Rate Sub-total Group 21—Labor Only Ater s 21A+21B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u• 21C Su.dies&Materials $2500 Sub-total Group 21—Supplies and Materials Only(item 21C) Total Group 21—Labor+Supplies and Materials(21A—C) (Miami-Dade ELEC 0002 License No.: 2Bondirtg Capacity: $ ?Minimum Order Acce•ed: $ 4Partici• in F -•uafifted Foal: Yes I No I See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2, Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 67 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 22-Mir Plumber PLUM Group Estimated Annual Line Total Item Descri•tion Hours U/M Unit Cost Quantit x Unit Cost 22A Hourl Rate-R-•ular 100 Hourly Rate 22B Hourl Rate-NonR-•ular 20 Hourly Rate Sub-total Group 22—labor Only(Items 22A+228) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri•tion Gross Costs Administrative Mark-u• Mark-u 22C MIE •. $2500 Sub-total Group 22 Supplies and Materials Only(Item 22C) Total Group 22—Labor+Supplies and Materials(22A—C) 1Miami-Dade PLUM 0001 License Na.: 2Bondlng ac $ 3MMinimum Order Acce• d: $ 4Partfci•-te in Pr-• alified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2, Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 68 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 23-Master Laval Sreirickkktr PLUM 0003 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 23A Hourl Rate-R-•ular 100 Hourly Rate 23B Hourl Rate-Non R-•ular 20 Hourly Rate Sub-total Group 23—Labor Only(Items 23A+23B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u• 23C MIIEMIESM $2500 Sub-total Group 23—Supplies and Materials Only(Item 23C) Total Group 23—Labor+Supplies and Materials(23A—C) 1Miami-Dade PLUM 0003 License No.: 2Bonding Capacity: $ Minimum Order Accepted: $ 4Partici•ate in Pre•ualified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2, Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 69 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive. All corrections on the Bid Price Form shall be initialed. Group 24—Master Pool iNnlemce.(Urduuted)PLUM 000 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 24A Hourl Rate-R-.ular 100 Hourly Rate 24B Hourl Rate-Non R-.ular 20 Hourly Rate Sub-total Group 24—Labor Only(Items 24A+24B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u. 24C Su.*lies&Materials $2500 Sub-total Group 24—Supplies and Materials Only(Item 24C] Total Group 24—Labor+Supplies and Materials(24A—Cl 1Miami-Dade PLUM 0009 License No.: 2Bonding Capacity: $ 3Minimum Order Acce'ted: $ 4Partici•ate in Prequalified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-W 70 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 25—Master Swimming Pool Spire PLUM COM Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 25A Hourl Rate-R-•ular 100 Hourly Rate 25B Hourl Rate-Non R-•ular 20 Hourly Rate Sub-total Group 25—tabor Only(Items 25A+25B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u• 25C Su.dies&Materials $2500 Sub-total Group 25—Supplies and Materials Only(Item 250) Tota!Group 25—Labor+Supplies and Materials(25A—C) tMiami-Dade PLUM 0010 License No.: zBonding Capacity: $ 3Minimum Order Acce. -d: $ Partici. >e in Pr •ualified Pool: Yes / No See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. • Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 71 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 25 Air Coring Mended MECH 0003 Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 26A Hourl Rate-Res ular 100 Hourly Rate 26B Hourl Rate-Non R-.ular 20 Hourly Rate Sub-total Group 26—Labor Only(Items 26A+26B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u. 26C Su•dies&Materials $2500 Sub-total Group 26—Supplies and Materials Only(Item 26C) Total Group 26—Labor+Supplies and Materials((26A—C) tMiami-Dade MECI-I 0003 License No.: 2Bonding Capacity: $ ?Minimum Order Accepted: $ Participate in Pr-•natifled Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: TB 2017-049-WG 72 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 27—Master Gasoline Tank and Pump MECH Qom Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost I'Quantit x Unit Cost 27A Hourl Rate-R-•ular 100 Hourly Rate 27B Hourl Rate-Non R-.ular 20 Hourly Rate Sub-total Group 27—Labor Only(Iters 27A+27B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u. 27C Su.dies&Materials $2500 Sub-total Group 27—Supplies and Materials Only(Item 27C) Total Group 27—Labor+Supplies and Materials(27A—C) tMiami-Dade MECH 0009 License Ho.: 4Bonding Capacity: $ Minimum order Acce• -• $ 4Partici• r in Pre.ualified Pool: Yes / No I See Appendix C, Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 73 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group2a-Master General Ilfechanical UM 0001 Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 28A Hourl Rate-Re•ular 100 Hourly Rate 28B Hour! Rate-Non R-•ular 20 Hourly Rate Sub-total Group 28—Labor Only(Items 28A+28B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u• 28C Su oldies&Materials $2500 Sub-total Group 28—Supplies and Materials Only(Item 28C) Total Group 2s-Labor+Supplies and Materials(28A—C) ■ Miami-Bade MECH 0001 License No.: 2Bonding Capacity: $ 3Minimum OrderAcce ed: $ 4Partici.ate in Pr-•ualified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-W'G 74 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 29-Painting BLDG WS Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 29A Hourl Rate-R-.ular 100 Hourly Rate 29B Hourl Rate-Non R-.ular 20 Hourly Rate Sub-total Group 29—Labor Only(Items 29A f 29B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u. 29C $2500 Sub-total Group 29—Supplies and Materials Only(Item 29C) Total Group 29—Labor+Supplies and Materials(29A—C) 1Miami-Dade BLDG 0078 License No.: Bonding Capacity: $ 3Minimum OrderAcce• $ 'Partici.•te in Pr=.ualified Pool: Yes / No I See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 75 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink, Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 30-PtumlI g M1amte ra ice PLUM 0004 Group Estimated Annual Line Total Item Descri tion Hours UIM Unit Cost (Quantit x Unit Cost 30A Hourl Rate-Re•ular 100 Hourly Rate 30B Hour! Rate-Non R-•ular 20 Hourly Rate Sub-total Group 30—Labor Only(Items 30A+30B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u• 30C Su'plies&Materials $2500 Sub:-total Group 30—Supplies and Materials Only(Item 30C) Total Group aft—Labor+Supplies and Materials(30A—C) 'Miami-Dade PLUM 0004 License No.: 2Bonding Capacity; $ Minimum Order Acce.ted: $ Partici.•te in Prequalified Pool: Yes / No I See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB, Company: Authorized Representative: Address: Telephone: • Email: Authorized Representative's Signature: ITB 2017-049-W� 76 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 31—Roof BLDG 0044 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 31A Hourl Rate-Re•ular 100 Hourly Rate 31B Hourl Rate-Non R-•ular 20 Hourly Rate ■ Sud-total Group 31—Labor Only(Items 31A+31B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u• 31C 111.111MEMIE $2500 % Sub-total Group 31—Supplies and Materials Only(Item 31C) Total Group 31—Labor+Supplies and Materials(31A—Cl *Miami-Dade BLDG 0044 License No.: 2Bonding Capacity: $ aMinimum OrderAcce•ted: $ Partici..te in Pre.ualified Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ^ See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. • Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-044�NG 77 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 32—Roof Deck 0016 Group Estimated Annual Line Total Item Descri.tion Hours U/M Unit Cost Quantit x Unit Cost 32A Hour! Rate-Re•ular 100 Hourly Rate 32B Hourl Rate-Non R-.ular 20 Hourly Rate ■—. Sub-total Group 32—Labor Only(Items 32A*32B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u• Mark-u. 32C 111MEEMINE $2500 Sub-total Group 32—Supplies and Materials Only(Item 320) Total Group 32—Labor+Supplies and Materials(32A—C) fMIami-Dade BLDG 0046 License No.: —_ 2Bonding Capacity: $ 3Minimnum Order Acce• - $ 'Partici•• e in P ualified Pool: Yes / No I See Appendix C, Section 1.1, Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ^ See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 20)7-64�-WG 78 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Gimp 33—Structural Steel Ero81.DG 0054 Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 33A Hourl Rate-R-•ular 100 Hourly Rate —. 33B Hourl Rate-Non R-•ular 20 Hourly Rate ■— Sub-total Group 33—tabor Only(Items 33A+33B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u. Mark-u• 33C Su••lies&Materials $2500 Sub-total Group 33—Supplies and Materials Only(Item 33C) Total Group 33—Labor+Supplies and Materials(33A—C} tMiami-Dade BLDG 0054 License No.: zBonding Capacity: $ 3Minimum OrderAcce ed: $ 4Partici. r in P •.uatified Pool: Yes I No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 79 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 34—Swimming Pool BLDG 0055 Group Estimated Annual Line Total Item Descri•tion Hours UIM Unit Cost Quantit x Unit Cost 34A Hourl Rate-R-•ular 100 Hourly Rate 34B Hourl Rate-Non R-•ular 20 Hourly Rate Sub-total Group 34—Labor Only(items 34A+MB) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri•tion Gross Costs Administrative Mark-u• Mark-u• 34C Su••lies&Materials $2500 Sub-total Group 34—Supplies and Materials Only(Item 34C) Total Group 34—Labor+Supplies and Materials(34A—C) 1Miami-Dade BLDG 0055 License No.: 2Bonding Capacity: $ Minimum OrderAccepted: $ Participate in Prequalified Pool: Yes I No I See Appendix C, Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ^ See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 80 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 35—Waterproofing BLDG 011e Group Estimated Annual Line Total Item Descri.tion Hours UIM Unit Cost Quantit x Unit Cost 35A Hourl Rate-R-.ular 100 Hourly Rate 35B Hourl Rate-Non R-•ular 20 Hourly Rate Sub-total Group 35—Labor Only(Items 35A+35B) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri•tion Gross Costs Administrative Mark-u• Mark-u. 35C Su••lies&Materials $2500 Sub-total Group 35—Supplies and Materials Only(Item 35C) Total Group 35—Labor+Supplies and Materials(35A—C) 1Miami-Dade BLDG 0109 License No.: 2Banding Capacity: $ 3Minimum Order Acce -• $ Partici • in Pr-•ualifed Pool: Yes / No 1 See Appendix C,Section 1.1,Licensure. 2 See Appendix C, Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-049-WG 81 APPENDIX F NA\ A� ,t,./\, B E AC i-i Insurance Requirements General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2a 1749-VJG 82 13:1A. k 8 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. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability- $ .00 per occurrence to follow the primary coverages. 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 B+:VI 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. ITB 2017-049-WG 83 APPENDIX G AMI BEACH Sample Master Agreement & Contractor Service Order General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 201%-049-GVG 84 SAMPLE ONLY The City reserves the right to make any necessary adjustments to the sample or final master contract prior to contract execution. MASTER 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 , hereafter 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, including ITB 2017-049 (incorporated herein). A Master Contract shall be executed for each awarded contractor. The Master Contract shall outline the terms and conditions of all work, and incorporate the requirements of the ITB. Work may be awarded on a time and materials (T&M) basis or pursuant to the pool of pre-qualified bidders (See Special Conditions 2 and 3 of the ITB). Purchase Orders are required prior to the commencement of any work. Projects awarded pursuant to the pool of prequalified contractors that exceed $50,000 in value will require an executed Contractor Service Order(CSO)(See Attachment G-1 to the Master Contract) prior to issuance of a Purchase Order. 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. Contractor shall commence work within five(5)calendar days after receipt of Purchase Order. 2.2 Time is of the essence throughout this Contract. Unless stipulated otherwise on the Purchase Order or CSO, all projects shall be substantially completed within 45 days from the receipt of Purchase Order, and completed and ready for final payment in accordance with Article 5 within 30 calendar days after substantial completion. 2.3 If required on the CSO or Purchase Order, 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 fifty dollars($50.00) 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 fifty dollars ($50.00)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 ITB 2017-049-WG 85 authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion,deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM 3.1 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. ARTICLE 4 PROGRESS PAYMENTS 4.0 At the discretion of the Contract Administrator, Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty(30)days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.1 Not Utilized. 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. ITB 2017-049-WG 86 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.2 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. 5.3 Final payment shall be made only after the Contract Administrator has issued a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project,the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or ITB 2017-049-V\/ 87 joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing,sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present,the parties designate the following: For City: PROCUREMENT DEPARTMENT 1700 Convention Center Drive Miami Beach,Florida 33139 Attn: Alex Denis,Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: 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 )TB 2017-049-vVG 8 8 City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and,therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 6.12 Prior Agreements 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. ITB 2017-049-WG 89 IN WITNESS WHEREOF,the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH City Clerk Mayor Attest: CONTRACTOR: Signature/Secretary Signature/President Print Name Print Name ITB 2017-049-WG 90 ATTACHMENT G-1. CONTRACTOR SERVICE ORDER FOR ADDITIONAL SERVICES CSO No. . TO: PROJECT NAME: Prosect Name DATE: SCOPE OF ADDITIONAL SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: $ Change Order_to Service Order Amount: (ALL CHANGE ORDERS MUST BE APPROVED IN WRITING BY THE CITY PRIOR TO THE WORK.) Total From Previous Change Orders to Service Orders: $ Fee for this Service Order is Lump Sum/Not to Exceed amount $ of: Total Agreement to Date: $ City's Project Administrator Date Department Director Date Contractor. Date City Manager Date ITB 2017-049-WG 91 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 of 2 Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Profit Corporation A&J ROOFING CORP. Filing Information Document Number P06000108119 FEI/EIN Number 20-5407100 Date Filed 08/18/2006 Effective Date 08/14/2006 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 09/30/2009 Event Effective Date NONE Principal Address 4337 E. 11 AVENUE HIALEAH, FL 33013 Changed:05/02/2013 Mailing Address 4337 E. 11 AVENUE HIALEAH, FL 33013 Changed:05/02/2013 Registered Agent Name&Address VILLATE,JOSEPH 454 NW 22 AVE 209 MIAMI, FL 33125 Name Changed:05/15/2007 Officer/Director Detail Name&Address Title P/S GUERRERO, MIGUEL AJR 4337 E. 11 AVENUE HIALEAH, FL 33013 http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 12/13/2017 Detail by FEI/EIN Number Page 2 of 2 Annual Reports Report Year Filed Date 2015 03/02/2015 2016 01/19/2016 2017 03/29/2017 Document Images 03/29/2017--ANNUAL REPORT View image in PDF format 01/19/2016--ANNUAL REPORT View image in PDF format 03/02/2015--ANNUAL REPORT View image in PDF format 02/05/2014--ANNUAL REPORT View image in PDF format 05/02/2013--ANNUAL REPORT View image in PDF format 04/27/2012--ANNUAL REPORT View image in PDF format 03/18/2011--ANNUAL REPORT View image in PDF format 08/07/2010--ANNUAL REPORT View image in PDF format 09/30/2009--REINSTATEMENT View image in PDF format 04/30/2008--ANNUAL REPORT View image in PDF format 12/10/2007--Amendment View image in PDF format 06/08/2007--Amendment View image in PDF format 05/15/2007--ANNUAL REPORT View image in PDF format 08/18/2006--Domestic Profit View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 12/13/2017 Amok, 4014*'T APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 31 Roof BLDG � . Group Estimated Annual Line Total Item Descri a tion Hours Unit Cost Quantic x Unit Cost! 31A Howl Rate-Re.ular 100 Hourly Rate $70.00 $7000.00 Hourl Rate Non R •ular 20 Hourly Rate S140A0 S2800.00 ' <. t -tcta1 Group 31. Only(Items 31A#31 ) 59800.00 Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin item Cased+don Gross Costs Administrative Mark-u• Mark-u, 11111111111111M $2500 20% $500.00 Sub-total Group 31 Supplies and materiels Only(item 310) 0 _S30 0.00 Total Group Labor plies and Materials( 1A.-c $12,800.00 . 1-. ��or+S 1? amt Dade BLDG 0044 License No GCC 1328038Bonndin Capacity:s $ .. �ll�itttmurt�43rde�Acc-*tom ' � ,�� $3(?U.(lfl x'Partrei• to inn f?re•salified Pool: Yes 1 No� " See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1,2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City.Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. ^ See Special Condition 3, Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies& materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: A& J ROOFING CORP Authorized Representative: MIGUEL GUERRERO Address: 4337 E 11 AVE HIALEAH, FLORIDA 33013 Telephone: 305-599-2782 Email: mguerrerojr@aandjroofingcorp.corn Authorized Representative's Signature: 417 I€B 0 -67'0-w 77 400114,N oaff4a APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein arid has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 35-Waterproofing BLDG 0109 Group Estimated Annual Line Total item Descri•tion Hours Unit Cost Quandt x Unit Cost Hourly Rate $90.00 $9000.00 35A Hourl Rate-R-•ular 100 35B Hour! Rate-Non R-•ular 20 Hourly Rate S170.00 $3400.00 Sub-total Group 35 Labor Only(items 35A+358) Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Descri.tion Gross Costs Administrative Mark-u Mark-u.) 111=11111112MPIERIM $2500 20% S500.00 Sub-total Group 35 Supplies and Materials Only(item 35C) S3000.00 Total Group 35—Labor+Supplies and Materials(35A—C) S15, 400.00 iMiarni-Dade BLDG 0109 License No.: CCC 1328038 „.28ondingCapacity: $750,000 3Minimurn Order Accepted: $ 00.OD Participate in Prequalified Pool. Yes I No 1 See Appendix C.Section 1.1,Licensure. 2 See Appendix C.Section 1.2,Bonding Capacity. 3 Bidder may state a minimum value threshold for work to be assigned by the City.Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. 4 See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials). or 2) participation in the pool of pre-qualified contractors, or 2)for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company:A&J ROOFING CORP Authorized Representative:MIGUEL GUERRERO Address: 4337 E 1 1 AVE HIALEAH, FLORIDA 33013 Telephone: 305-599-2782 Email: mguerrerojr@aandjraolingcorp.com Authorized Representative's Signature:---------------------------------------------- 1 0 --OA*At 8 Ask eiskt APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed nonresponsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Farm shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group 3—Coulkitg BLDG 000 ._,.. gp � Group Estimated Annual Line Total Item Description Hours UIM Unit Cost (Quantity x Unit Cost) 3A Hourly Rate-Regular 100 Hourly Rate $70.00 $7000.00 38 Hourl Rate-Non Re,ular 20 Hourly Rate S140.00 552800.00 a a LSub-total Group Labor € (Rena 3A .. =3+7_ B) Line Total.. (Annual Estimated Group Estimated Annual Gross Cost x Admin Item Description Gross Costs Administrative Mark-up Mark-up) 3C Su.dies&Materials ' 200 20% 5500 00 Sub-total Group 3—Supplies and Materials Only(Item A$3000.00 Total Group 3 Labor+'Supplies and Materials;(3A C) S12,800-00 f fatnt-Dade BLDG Q099,Licanse No.:, CCC 1328038 2BOnditt9 Capacity: $71s0,000 3nimum Order Accepted' 300.00 4Partici;ate In Prequalified PoolYes 1 No See Appendix C,Section 1.1, Licensure, 2 See Appendix C,Section 1.2, Bonding Capacity, 3 Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. d See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors. or 2)for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: A&j ROOFING CORP Authorized Representative: MIGUEL GUERRERO Address:4337 E 11 AVE HIALEAH, FL 33013 Telephone:305-599-2782 Email:mguerre rojr@aandjroofingcorp.corn Authorized Representative's Signature: 62/./-7. mmv" B211 }4 - 49 APPENDIX E BID PRICE FORM Failure to submit Bid Price Form,in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the bid price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices,delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form shall be completed mechanically or, if manually, in ink. Bid Price Forms completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form shall be initialed. Group: Roof ..,w,.,�.�.�-,,a�,.�d, '- saw . Group Estimated Annual Line Total Item Descri.tion Hours Unit Cost Quantit x Unit Cost 32A Hours Rate R-•alar 108 Hourly Rate $70.00 57000.00 32B Hours Rate Non R •ular 20 Hourly Rate 5140.00 $2800.00 00 `_. .. Sub-total Group 32 Labor nly(Item98 32A+32 ) : 00. Line Total (Annual Estimated Group Estimated Annual Gross Cost x Admin item Descri=tion Gross Costs Administrative Mark-u• Mark-u. 111,11111111EMEMIIM $2500 20% Sub-total roup 32 Supplies and Materials Only(Item 32c$3000..00 Total Group 32—Labor+Supplies and Materials(32A—C).':S12,800.00 Verrill-Dade BLDG 0046 License Nrx CCC 1328038 onding Capacity: $750,000 �lrilmtirii Order ACM, $300.00 ',Partici..ate in Prre' aiifi PoolYes I No I See Appendix C,Section 1.1,Licensure. 2 See Appendix C,Section 1.2,Bonding Capacity, s Bidder may state a minimum value threshold for work to be assigned by the City. Bidders that state a minimum value threshold will not be considered for projects estimated at less than the stated threshold. d See Special Condition 3. Bidders may elect to submit a bid for 1) Projects awarded on a time and material basis (hourly rate plus supplies & materials), or 2) participation in the pool of pre-qualified contractors, or 2) for both time and material projects and projects awarded pursuant Special Condition 3. Bidder's Affirmation Bidder agrees to full compliance with the terms and conditions of this ITB. Company: A&J ROOFING CORP Authorized Representative: MIGUEL GUERRERO Address:4337 E 11 AVE HIALEAH, FL 33013 Telephone: 305-599-2782 Email: niguerrerojr@aandjroofingcorp.com Authorized Representative's Signature: 9`f tait- 4-VV 78 APPENDIX "A" A 1 k rr1tI i t Proposal Certification , Questionnaire Requirements • • t General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 1 7 Oft Solicitation No: Solicitation Title: t 2017-049-WG General Building and Specialty Trade Contractors Procurement Contact: Tel: Email: William Garviso,CPPB , (305)673-7000#6650 williamgarviso@miamibeachitgov PROPOSAL CERTIFICAT)ON, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME A&J ROOFING CORP No of Years in Business, No of Years in Business Locally: No of Employees: 11 YRS 11 YRS 15 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 4337 E 1 1 AVE CITY: HIALEAH STATE: ZIP CODE' FLORIDA 33013 TELEPHONE MO.: 305-599-2782 TOLL FREE NO.: FAX NO.: 305-599-2783 FIRM LOCAL ADDRESS: 4337 E 11 AVE CITY: HIALEAH STATE rzip CODE FLORIDA I 33013 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT° MIGUEL GUERRERO ACCOUNT REP TELEPHONE NO: 305-804-1342 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: MGUERREROJR©AANDJR0OFINGCORP.COM FEDERAL TAX IDENTIFICATION NO.: 20-5407100 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. B 20 -049- 17 ANN 0001: 1. Veteran Owned Businesstls,,rser claiming a veteran owned business status? YES XX NO 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. Financial Capacity. When requested by the City, each Proposer 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 htt.5:Au..iier.ortal.drib.comiweba*41wcsistoresiseMetSu *lierPcrtal?storeld=11696 Proposers are responsible for the accuracy of the Information contained in its SQR.It is highly recommended that each Proposer 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. SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request 3. 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. -- --------- ---- -- --- ---- --- ---- - - ------- -- --------- SUBMITTAL RE 4- - 1 : -..• -4: • :a •1:2.. *2: .••• e• Section 4 above is superseded by the requirements stipulated in Appendix C.Section 1.4,Previous Experience Reference to be submitted in Tab 3 of Proposal. 5, Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? 71 YES DO( NO SUBMITTAL REQUIREMENT: If answer to above is 'YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 6. 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. l 8 Apt, ottt• 7. Code of Business Ethics.Pursuant to City Resolution No,2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the 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 vvvvwmiamibeachtgovIprocurementi. _ - e ! • t—r. .$44,34410erlywi e . • .• -• •• an-effeetiee- • .• . : :-•• - . • . „•: • - ; t tts.: 9. 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 ail employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractors 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 aria spouses of employees? YES XX 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 XX NO C. Please check all benefits that apply to your answers above and list in the'other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave e • be tb, b e b eebe 19 offt, Amok If Proposer cannot offer a benefit to domestic partners because of reasonoutside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner covera )you may be eliiblo 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.miamibeachflgov/procurementi. 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes.as currentiy 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 goodsnronnicou \ua public entity; may not submit a pxopoxa|, pmpose|,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, | plies on leaof real property to a public entity may not be awarded or perform woric as a contractor, ouppNor,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. 287287017 for CATEGORY TWO for a period of 36 months following the data 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. 11. 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, vesting from,or otherwise refusing to deal with a person or entity when such action is based on race,on|or,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. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2018'29375` the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and 0Husisnippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states SUBMITTAL REQUIREMENT:No additional submittal is required.8y virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Rasolution 2016-29375. 13. 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-procurementsyatem. Pub|ioFhnchmoo.00m. 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 wConfirm to Confirm ` Initial wConfirm Recept Roce|° Rv�� Addendum1 wd0engunAh Addendum 11 Addendum Addendum 7 ' � Addendum 12 AddendumAddendum 8 13 Addendum 4 | Addendum | Addendum14 Addendum 5 Addendum 15 If additionaconfirmation of addendum is required,submit under separate cover. izte-TYL7 20 Aft, �44,14. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract,esuNng from a competitive solicitation, unlessthe proposeroerti§eo in writingthat the businesshasand employs written policimn, prochceo,and mtaodomdn that are consistent with the City's Fair Chance[rd\nun*m,set forth in Article V of Chapter 62 of the City Code ('fair Cfrance Ordinance"), and which, among other things, (i) prohibits City contractors, as an nmpkoynr, from inquiring about an applicants criminal history until the applicant is given a conditional offer of employment: (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii)prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time, By virtue of executing this affidavit, Proposer certifies that ii has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity Fair Chance Requirement. �~������� 2~ -- ' `^ 2l DISCLOSURE AND DISCLAIMER S��T�N The being furnished the recipient the City of Miami Beach(the"City")for the recipient's convenience Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shalt be withoutany liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Pmpooa. the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without |imibNoo, the applicant's affi|iags, 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 Proposers.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 recipients own risk.Proposers should rely exclusively n 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 contenL its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval The City shallthis id the lecWwhether any award will be made.Anrecipient of thi |icitai who responds hereto fully acknowledges allUh Disclosure and Disclaimer,is totally relying on this Disclosure and[Umdaimer,and agrees to be bound by the terms hereof,Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,om|oninno,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 Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the pardea, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason.or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes,until the date and time selected for opening the responses.At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer acknowledges and arees thhas thright o make any inquiry or investigation ideems stantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree thain the evenof 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$10,008.00 as agreed-upon and liquidated damages.The previous nontnnmo, 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 differein 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. SW Amok PROPOSER CERTIFICWION I hereby certify that: 1, 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 Proposers 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 Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative Title of Proposers Authorized Representative. MIGUEL GUERRERO PRESIDENT/CONTRACTOR Signature°Ulm,. •r' . i .. • Representative: Date .401 JUNE 14, 2017 dr • State of FLORID1 4 on this 1day of JUNE 20 172ersonally appeared before me Mig Li-a Querrerowhn County of MIAMI )-DADE stated that (s)he is the PRESIDENT of A&J Roofing Corp 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: , /7 t , 1.,,,, ,t,.ti, Notary Public for the State of Florida My Commission Expires: February 26, 2021 . , ARAdsrvARA / --"*.'li A Notary Public-State of Fronde I•11414.1 Commission#0G 76694 y Comm.Expires Feb 26,2021 throNrgt 4:W714i Notary Ann ''''' 'a -O49- ' 23 aalit,t70 c l Bus T 'R c i mi :de County. Stateof Floridad ABILL—TOQ1JOT 602S91 2 No,. L + �» war #' t EXPIRES 0290071 mustbs 4;1101aved.4,1,14,100w_40 business �?ti it 331)13 . alai:tier g ewe ' 00 BU5IP R 8 idG CORP 3 Po- S1 t.TY BU ; . [Ei G�RRE O 9 ,.4i . 00 �E I-1 265 gicerpoot,tefita c ,,1 !moot tioldst 'fir 114k4 twat!asides:'riot ism$01"11ficto4ver:soseet4t4124ich #e toe basset/I., No. c. iai .i 1 Ass DETACH HERE RICK SCO7T GOVERNORLAWStN,SECRETARY STATE OF FLORIDA DE ARTMENT OfJ"SIISII4ESS AND PROFEWONAL.REGULATION CONST U Y ,rte : ' ', "> '.,.' tJ t" I ``^ 4 ��a k . 'i; •� ' #fit . ok �� � �... tea , `.� VAS V � s iss t D: 061212018 DISPLAY AS REQUIRED BY LAW SEQ 1 1-160623000066' 1 3000066I A 0 /104.(kj \() ( -138trIS ROOFING List of Current References Shore View Apartments 50 Berkeley ST Satelite Beach, FL 32937, Single Ply Roof system TPO 1200 SQ. Doron Tall 305-776-6279 I Bron a ref...Warily...1 let Visconti Condominium 9000 W Atlantic Blvd, Coral Springs, FL 33071,Tile roof replacement of 2175 SO, 17 buildings. Heather Rivera, LCAM I T: 954-796-88881 manager@visconticondokcom Seidles Property Commercial ware houses in Miami, Single Ply Roof systems. Traicy Seidle tseidie4 cv ahoo.corn Cherry Village Apartments 421 NE 12th Ave, Homestead, FL 33030, Elderly living facility 450 SQ. Betty Walker I 786-255-5492 I Ryder1313rdiyahoo.com Ii Miguel A. uerrero, Jr. President & Qualifier. License Number: CCC1328038 4337 F.11.1,1 Ave fi,1,,-ah EL 33O1.3 r3: 2 -2- RESIDENTIAL-COMMERCIAL -INDUSTRIAL ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F MIAM BEACH Insurance Requirements General Building and Specialty Trade Contractors PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-049-WG 82 MIAM BEACH 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. Comprehensive General Liability (occurrence form), limits of liability$ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. 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 B+:VI 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. ITB 2017-049-WG 83