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Contract with Stone Concept Miami, Inc. MIAMI BEACH 6 ) B -12- 18 CONTRACT THIS CONTRACT is by and between the City of Miami Beach, Florida, a municipal corporation of the State of Florida, ("City"), and Stone Concept Miami, Inc., 1239 Robin Ave., Miami Springs, FL. 33166 ("Contractor"). WITNESSETH, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the Work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed wiill not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the Work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within ninety (90) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of five hundred dollars ($500.00) for each calendar day after the time specified in Section ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 1 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 five hundred dollars ($500.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 2 [X] This is a Lump Sum Price Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 The Contract Price is $435,110.00 (Lump Sum Grand Total). The Contract Price, shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and profit, associated with completion of all the Work accordance with the requirements of the Contract Documents, including all Work reasonably inferable therefrom, even if such item of Work is not specifically or expressly identified as part of a line item in the ITB Price Form. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall not be limited to, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the Work which is the subject of the Application for Payment. Following submission of an acceptable updated progress schedule and the other documents required herein a log with the Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 4.2 The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in this Agreement. Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub-Section 43. Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator, after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document, separate from monthly applications for payment. ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 3 All requests for release of retainage shall be made in accordance with, and shall be subject to, the requirements of Section 255.078 of the Florida Statutes, as may be amended. Except as provided by law, the City shall have no obligation to release or disburse retainage until Substantial Completion of the Project. Upon receipt by the Contractor of a Certificate of Substantial Completion pursuant to ITB Section 0500, Sub- Section 43, fully executed by the City establishing the Date of Substantial Completion, and after completion of all items on the punch list and/or other incomplete work, the Contractor may submit a payment request for all remaining retainage. It shall be the City's sole determination as to whether any of the items have been completed. For items deemed not to have been completed, the City may withhold retainage up to one and one-half times the total cost to complete such items. Any interest earned on retainage shall accrue to the benefit of City. City shall disburse the amounts withheld upon the City's acceptance of the completion of the items for which they were withheld. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the City. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (ITB Attachment D-6) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract; a consent of surety to final payment; the final corrected as-built drawings; an affidavit certifying that all ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 4 suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6— MISCELLANEOUS 6.1 The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent provision elsewhere in the Contract Documents or under any law, regulation, statute or code requirement which is applicable to this Project, the more stringent provision shall prevail and govern the performance of the Work. 6.3 Public Entity Crimes Contractor acknowledges that the provisions of the Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which statute provides, in pertinent part, that 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 ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 5 Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Property Management Department 1833 Bay Road Miami Beach, FL. 33139 Attn: Francisco Garcia, Facilities Capital Projects Coordinator With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Stone Concept Miami, Inc. 1239 Robin Ave. Miami Springs, FL. 33166 Attn: Ali Sarrafi/Vice President 6.7 Assignment and Performance ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 6 Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE PROJECT. CONTRACTOR SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE PROVISIONS OF THIS CONTRACT. 6.11 Amendments ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 7 No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 6.13 Public Records City of Miami Beach is a public agency subject to Chapter 119, Florida Statutes. As required by Chapter 119, Florida Statues, the Contractor and all sub-contractors for services shall comply with Florida's Public Records Law. Specifically, the contractor and sub-contractors shall: 6.13.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 6.13.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; 6.13.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 6.13.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. 6.13.5 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Contract and the county shall enforce the Default in accordance with the provisions set forth in the General Terms and Conditions, Article 16. ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 8 • IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH, FLORIDA 01 9 to k ..........` "w� City Clerk ,.:....,�Cy �P P ATTEST: ,i �;' GObl w PT MIAMI, INC. `.IvC�Fi �OP�IED'rga C �., J/litt 4 �V 1 t / — Signature/Secretary ,`,,c+F... igflatu = t.,-sident Al ; _ irr�Ct : ; -J_r-1yr-CAL Print Name Print Name Date ATTACHMENTS ATTACHMENT A - Resolution, Commission Item Summary, and Commission Memorandum ATTACHMENT B - Invitation to Bid ("ITB") ATTACHMENT C - Bidder's Response to the ITB ATTACHMENT D - Insurance APPENDIX D: Required Forms APPENDIX D-1: Form of Performance Bond APPENDIX D-2: Form of Payment Bond APPENDIX D-3: Certificate of Corporate Principal APPENDIX D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit APPENDIX D-5: Certificate of Substantial Completion APPENDIX D-6: Final Certificate of Payment APPENDIX D-7: Form of Final Receipt APPROVED AS -;x • FORM & IJWCU;.CE &FOR EXECU I ION C;‘_()_./19)tk 1 -ZS -IC City Attorney ( 9 Date ITB 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement Page 9 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Item Coversheet Page 1 of 2 Competitive Bid Reports-C2 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 12,2018 SUBJECT:REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO.2018-294-ZD, FOR MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2018-294-ZD. Miami City Ballet exterior doors and windows replacement. ANALYSIS The exterior windows and doors at the Miami City Ballet were originally installed in 2000.The window and storefront sealants have begun to fail contributing to water intrusion throughout the building and most notably at the 2nd and 3iJ floor balcony areas. In addition, an extensive delamination of the existing windows' interlayer can be observed from both the interior and exterior of the building. As part of the Capital Budget, funds have been allotted for the replacement of the exterior windows and doors at the Miami City Ballet. Therefore,to avoid any further deterioration. the City of Miami Beach sought proposals to provide construction services to furnish all labor, materials, equipment and supplies, necessary for the window replacements and repairs, as per specifications and drawings furnished by BCC Engineering. ITS PROCESS ' ITB No.2018-294-ZD,was issued on June 15,2018,with a bid opening date of July 20, 2018. Two(2)addenda were issued.The Procurement Department issued bid notices to 511 companies utilizing www.publicourchase.com website and 1,270 via email notification. Thirty-seven (37)prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of three (3) responses from: Aarya Construction & Design, Inc., Caliste Construction, LLC., and Stone Concept Miami, Inc. (Refer to Attachment A), The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that the lowest responsive bid submitted by Stone Concept Miami, Inc. ("Stone Concept") met the requirements of the ITB, including previous experience, licensure and bid bond. Accordingly, Stone Concept has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB.Below is a brief summary of the firm. According to the information provided by the firm, Stone Concept is certified as a general and specialty contractor through the State of Florida, Division of Business and Professional Regulations and has an active status as a Florida corporation. Its clientele includes various Miami-Dade County departments such as Aviation, Public Housing,and Corrections & Rehabilitation. Although, Stone Concept has not previously contracted with the City of Miami Beach it has received satisfactory feedback from many of the projects similar to those of the Miami City Ballet. As reference, it provided a contract for the installation of over 500 hurricane category 5 windows on two (2)twelve floor towers for Public Housing, installation of windows and waterproofing throughout the Miami-Dade International airport, and the installation of 300 hurricane windows within the Metro West Detention Center of the Corrections&Rehabilitation Department, CONCLUSION After considering the bids received and the evaluation of staff,pursuant to ITB 2018-294-ZD, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Stone Concept Miami, Inc., the lowest responsive,responsible bidder to the ITB in an amount of$435,110 00,plus a 10%owner's contingency of$43.511.00,for a total project not-to-exceed of$478,621.00;and further authorize the Mayor and City Clerk to execute a contract. haps://miamibeach.novusagenda.con/AgendaWeb/CoverShcet.aspx?ItemID=9642 9/10/2018 Item Coversheet Page 2 of 2 KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION Project Cost: $435,110.00 10%Owners Contingency: $43,511.00 Total: $478,621.00 Grant funding will be utilized for this project. Amount 1 8111,366.04 Account I 365-1720-000676-00-410-000-00-00-00- 27780 Amount 2 $315.000.00 Account 2 169-1720-000342-25-406-555-00-00-00- 27780 Amount 3 $8.743.96 Account 3 168-9964-000342-29-400-592-00-00-00- Legislative Tracking Properly ManagementlProcurement ATTACHMENTS: Description n Attachment haps://miamibeach.novnsagenda.com/AgendaWeb/CoverSheet.aspOltemID=9642 9/10/2018 TABULATION OF BIDS RECEIVED Invitation to Bid (ITB) 2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Stone Concept Miam,. Inc. ' Aarya Construction&Oesign,Inc. Caliste Construction,LLC. Lump Sum Grand Total)Total ease Bid) $ 435,110.00 $ 641,000.00 $ 810.30000 'Recommended for Awa'd. ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS MIAMI BEACH Miami Beam Flnlida 33139, w mixmlbeacM pov, 305-673-7490 Procurement Department, 1755 Meridian Avenue, 3 Dear, ADDENDUM NO. 2 INVITATION TO BID NO. 2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT July 12, 2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). • No further questions will be considered,and no further extensions will be made. I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, July 20, 2018, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. II. ATTACHMENT(S): 1. Exhibit A- Pre-Bid Sign-In Sheet 2. Exhibit B- Notification/Access Report 3. Exhibit C- Stucco Repair Detail i Ill. RESPONSES TO QUESTIONS RECEIVED: 01. Can you provide a copy of the pre-bid sign-in sheet? • Al. Refer to Exhibit A. Q2. On page 3, Project Completion Timeframe is listed as 90 calendar days for Substantial Completion. The window manufacturer that is listed in the bid documents is currently • quoting a lead time to supply the windows at 8-10 weeks. Is the City ordering the windows ahead of the Notice to Proceed, and if not, is the lead time to receive materials from the manufacturer added to the 90 day substantial completion requirement? A2. The Awarded Contractor will be responsible for ordering all windows and doors. The 90 day Project Schedule (to Substantial Completion) will commence upon product delivery to the Awarded Contractor. Product lead times shall not be unreasonably extended upon release of approved shop drawing submittals to the awarded Contractor. 1 ADDENDUM NO.2 INVITATION TO BID(ITB)NO.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Q3. Also in regard to substantial completion, is the time to obtain permitting, the time to receive approval to order materials from the Consultant and any planning days leading up until the windows are authorized for order to be added to the 90 day substantial completion time? A3. Refer to response A2 above. Q4. On page 130, which includes the window and door schedules, not all listed window and door line items include unit quantities. Does the City have a complete list of unit totals available for the bid? A4. Please reference table below for unit quantities. Unit counts must be confirmed by each Contractor via a field visit per notes within the plans provided in the ITB. Change Orders will not be accepted for units not included in Contractors' bids. UNIT TYPE I NO. OF PANELS REMARKS 101 D 65 Unit shown is a complete 102 H 1 assembly. Panels need to be sized as shown in sheet A6.0 206 I 16 207 G 15 Unit shown is a complete 208 J 1 assembly. Panels need to be sized as shown in sheet A6.0 Q5. Additionally, the bid introduction references water damage as a result of failed windows on floors 2 and 3. There appears to be no description in the bid documents as to the damage incurred or a request for pricing of such. Does the City expect the bid price to include damage repairs at window and door openings throughout the building, or is this considered discoverable to be added by change order? A5. Please note that the Invitation to Bid calls for the replacement of all exterior windows and doors, per the Contract Documents by BCC Engineering dated May 17, 2018. The basic scope of work(SOW), calls for the replacement of all exterior windows and doors as well as any remedial drywall (interior) and stucco patchwork (exterior) as needed around all openings. Change orders will not be accepted for such repairs. Q6. Termination for Convenience. The windows and doors as listed are considered custom by the manufacturer. In the event the City terminates for convenience, does the City intend to pay for all material orders that have been placed? A6. Please refer to Section 0500. General Terms and Conditions, Subsection 16. I Termination of the ITB. 2 ADDENDUM NO.2 INVITATION TO BID(ITB)NO.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Q7. At the pre-bid meeting listed in the bid documents, was there a sign in sheet and can a copy be provided ahead of the bid opening? . AT. Refer to response Al above. Q8. At the pre-bid meeting, were any decisions made that are material to this bid and will they be added as addendum? A8. Any questions raised or clarifications requested are included in this addendum. • • Q9. Will the City provide a location to place a dumpster for trash and debris at the job site? A9. Contractor to accommodate dumpster container on site wherever reasonable. Proposed location to be approved by City's Facilities Capital Projects Coordinator prior to delivery. Q10. Scope of Work in the Architectural documents states "repair stucco and drywall". What is the limit of the repair? Typically repair is for the 1-2" around the immediate window and door opening as damaged by the removal of the window or door. Can this be defined specifically to provide a limit of work for purpose of pricing?Also, is painting excluded? A10. Please reference attached stucco repair detail from BCC Engineering, Inc. (Exhibit C). The extent of the areas to be repaired will vary by opening. Generally, both exterior and interior surfaces shall be repaired to an extent, • whereas, after painting, there would be no observable evidence that any • repair took place. Also, see response to Q5 above. Q11. Also in the Architectural documents, it states "NOTE: It is the responsibility of the Contractor and Window Manufacturer to field verify all existing openings to prepare signed and sealed storefront drawings by a Florida Licensed Engineer for Design Team to review i prior to fabrication." Does this planning and approval portion occur after notice to proceed and is it included in the 90 day substantial completion? All. Refer to response A2 above. Q12. Please provide process number to request permit fees. Al2. The permit number associated with the Contract Documents is BC1806842. Q13. Window Schedule is missing counts for windows D, G, H, I & J. Could you please provide them? A13. Refer to response A4 above. Q14. Could you please provide the list for plan holders? A14. Refer to Exhibit B of this addendum. 3 ADDENDUM NO.2 INVITATION TO BID(ITB)NO.2018-294-ZD MIAMI CITY BALLET EXTER,OR DOORS AND WINDOWS REPLACEMENT Q15. It states that: Bidder must submit this ITB price form fully completed, including sections 1 and 2, as part of the bid response. Failure to do so shall deem the bidder nonresponsive. There is no Section 1. A15. Bidder shall submit the ITB Price Form, Attachment A-1, Section A (Bidders Price) and Section 2 (Bidders Affirmations) fully completed and executed. Failure to do so shall deem the bidder nonresponsive. Q16. Can you please clarify the wages requirements? A16. There are no wage requirements. Q17. Who will be responsible for removal and replacement of all fixtures, furniture and obstructions ahead of the installation and for replacing these after installation of the new windows? • A17. Contractor. Q18. How shall the sills for the replacement windows be fabricated? A18. Sills shall be fabricated from solid %" birch plywood with birch nosing, finished with a clear coat of polyurethane sealer to match existing sills. I Q19. What is the prerequisite to obtaining the Building permit? A19. The awarded contractor shall be responsible for filing a completed Construction Parking and Traffic Management Plan with the City's Building • Department. Q20. Is there a bid bond document form for the Miami City Ballet project? A20. No. An AIA document may be provided. 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@miamibeachfl.qov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidsori@miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and irturn the"Notice to/Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. cere 'JVD.. ".. I ex D nis roc ment Director 4 ADDENDUM NO.2 INVITATION TO BID(ITB)NO,2918-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Exhibit A- Pre- Bid Meeting Sign-In Sheet I I 5 ADDENDUM N0.2 I INVITATION TO BID(ITB)N0.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT MIAMIBEACH CITY OF MIAMI BEACH SITE VISIT SIGN-IN SHEET 10'00 AM Miami City Ballet 2200 Liberty Avenue Miami Beech, FL 33139 DATE JUNE 22,2018 • TITLE: INVITATION TO BID (ITB) 2018-29420 MIAMI. CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT NAME COMPANY NAME PHONE NUMBER EMAIL ADDRESS (PLEASE PRINT) 1 _ 0 r2 -As ._t G' '747_-122L iiczlciz C-/ems/ jI c¢»� 2 < 4W, I I V • CrLk IT•la }ry42st-o91 -n A eAv,f D'ia, .Cc^ 8 Poe- AN/ rf V • l Cc-Ce._ l� A wq _MAWI 7A-3c1-UPC 47.c. 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Tim rl klrails _ mTj ke@muue 14cm Themos Mergeb Group rNberam W?dnLLmm. me Mdge Cci OInG _ _ _ -_ - TM1eTM1ePo mu.In sO or oya/ AR Loin m • e sermon ton.Inc [rcon g c The Wenwlmmpalrc anyylasa®wele,wme The Wleles6ULyS Cap ices aa,pb msernadesco corn The WmaCo DAC Icae9 tllpDoSsafN net Thornton Lumber eNelw Company Inn. ba b esede Trym nhbeelronloRtnceo TIEbmR Lumberca,LLC bangs sheivem®Cbetslu nuomnlm i Tom➢mup SFlecOAM WOUPepn INVITATIONma coo TO BID(ITB)NO.2018-29420 MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT TOMASIOU ENTERPRISES,INC plenessuROGNin ail coal read Conslr.ofim Service,Inc tempetneMsol sum Inas Constro Mon LI0o.T eAMmulcesInscaonwm -Inn Development O.om�eraoar rNe®IneGGevwm Mn T1nT1n DOe r` omlwr 9 ch gernntC cum P BMHrn InnIamo cm" Ten Oa WotIon LLC sierra@TonsOlstu LOom Mickel 0msttuscon&Enpnearng rPIarketllwNCwclup constrictlm:aan Tumnleson While ConsInamn Inc. JWonliM1eryaM-cican ! tenet Ccnswellm Company mollg. 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'., Weiss Serala Htlr lM WEBRO Bugtrmn R0 Goldin Cu 'smel% e lso cow Won levrance coal ro corn Wea10s etrOcam.Ise nmelSet wtslca6ImabMpl net MartellGPO,mo.. mrlaaa Cuero lolamim.mm WhsnalbnIIRt.Inc' wmmliasioealoagyanoo Gob n WNN FaunnaGOnbaCllmuan LLC bnarnw)p@Info 'Mbytes Cmnsencbor Croup II meggmm®mtllamsco cum WnllamsbbmploY fNnberGunconalruNW.com W RJ Construction Gap Wright Cannot on PRIMO ryZUIXsMnpnlgcast Wlnnnl Cmaeuchon rnbdc powdl cemph:g corn Wronmalaunopcn Crary Inc TimmWwnhlmm Zen Cameoceun.me se ®a INVITATION TO BID(ITB)NO,2018-294-ZD MIAMI CITY 3ALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT AEdeea eopae ency Oily of Miami Beam BidNu6xr :01 o-2B ZU Bid N9Miami Clay Ballet Exlenar Claws ane Windows Replacement Vendor.Halle Anem c inowelon awawe mo. iolr',ad▪ ,m „rwwon end Associates. Blu In Interore.LLC PCe; C°n Coin'ua ui aC rb.n . orlCNsu0 UK!▪ Dm!, lmmrcou F�xnaflmEn Apib, srorme ,ne as me` oa [winne.ommw,s d i Mcmreewo useeim„and,anri nonflom PIIIIIIIIIIIIM IMS !DR IterniSyssenl J id on SM•LaUK CmnmSn • oe,x+„a in,mn„arap S mmo nn_ • Palms ▪E. noa�np Cm Shoo o-F • oundalan 80 1 vSSOMScm<n ss":.�=.s meSU . AF us ENG elenirvo CC - rend .n I roaunsiou Ervrr«vvlsEs. G. • I • • INVITATION TO BID(ITB)NO.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Exhibit C- Stucco Repair Detail 10 ADDENDUM N0.2 INVITATION TO BID(ITB)NO.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT EXHIBIT B _ r= im I 0. , u bismor Com. N- 1 o SHOULD PORTION OF THE EXISTING STUCCO FINISH BE CHIPPED OR DAMAGED DURING A DOOR OR111Wir WINDOW INSTALLATION THE G . SHOULD FOLLOW THE INSTRUCTIONS BELOW I REMOVE ALL CHIP&LOOSE MATERIAL 2 CHIP BACK EXISTING STUCCO FINISH TO CREATE A JOINT SURFACE I 3 I APPLY BONDING AGENT TO EXPOSED BLOCK OR CONCRETE AND A MINIMUM OF 6" OVER EXISTING FINISH q PROVIDE NEW STUCCO WITH A(3)COAT ,'j"THK FINISH.JOINT BETWEEN NEW AND EXISTING FINISH SHOULD BE SEAMLESS. FINISH OF NEW STUCCO SHOULD MATCH EXISTING 5 VINYL CORNER BEAD(TYP) pmem M6401ia sw asm Ave. Spite 200 MIAMI CITY BALLET Miami, Florida 33173 Seale or awn Issued BCC Project No, �� ti, Tel 3D5 670 bcePna3 aooms>o.zssv AS SHOWN DE 07/06/18 0151501.00 Certificate of Authorization No 7186 Cross ReG Revisions eng nee ng Exhibit B MIAMIBEACH Procurement Department, 1755 Meridian Avenue. 3' Flaor, Miami Beach, Florida 33139, www.miamibeachn.gov, 305-613-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT July 3, 2018 This Addendum to the above-referenced ITB is issued in response to questions from .prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, July 13, 2018, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. A FORTHCOMING ADDENDUM WILL BE RELEASED WITH RESPONSES TO QUESTIONS RECEIVED. 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(olmiamibeachfl.gov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidsonamiamibeacht1Mov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. as - e Procurement Director 1 ADDENDUM NO.1 INVITATION TO BID(ITB)N0.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT INVITATION TO BID (ITB) Miami City Ballet Exterior Doors and Windows Replacement ITB No. 2018-294-ZD BID ISSUANCE DATE: JUNE 15, 2018 BID OPENING: JULY 9, 2018 ISSUED BY: ZULEIKA DAVIDSON MIAMIBEACH Zulelka Davidson, Contacting Officer / PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3'" Floor, Miami Beach, FL 33139 305.673.7000 x7490 I www miamibearha aov p deikadavidsonO minmibeachtpov BID NO: 2018-294-ZD CITYOF MIAMI BEACH - BEACH 1 INVITATION TO BID SUMMARY !,r�',' BEACH Bid Element Description Invitation to Bid No. 2018-294-ZD Estimated Construction Budget $ 450,000.00 ITB Title: Miami City Ballet Exterior Doors and Windows Replacement Basic Description of the Scope of Work: As part of the Capital Budget, Capital Renewal & Replacement funds have been allocated for the replacement of the exterior windows and doors at the Miami City Ballet. Originally installed in 2000, the window and storefront sealants have begun to fail contributing to water intrusion throughout the building and most notably at the 2nd and 3rd floor balcony areas. In addition, an extensive delamination of the existing windows' interlayer can be observed from both the interior and exterior of the building. Therefore, the City of Miami Beach seeks proposals from, construction firms to provide construction services to furnish all labor, materials, equipment and supplies, in order to provide window replacements and repairs at the Miami City Ballet, as per specifications and drawings included herein as Appendix F. Bid Issuance: June 15, 2018 Technical Drawings and Specifications are available for free download at: www.publicourchase.com OR are available on CD for pick up for a fee of$20.00 at: Procurement Department Third Floor; 1755 Meridian Avenue Miami Beach, FL 33139 Pre-Bid Conference June 22, 2018 @ 11:00 AM ET Date, Time, & Location: Procurement Department 111Meeting is Mandatory(only if box is 3rd Floor; Conference Room checked) 1755 Meridian Avenue Miami Beach, FL 33139 Dial-in Instructions: • Dial the Telephone Number: 1-888-270-9936 • Enter the Meeting Number: 9415468 and then press the pound (#) key Site Visit June 22, 2018 @ 10:00 AM ET Date, Time, & Location: Prior to Pre-Bid Conference ❑ Site Visit is Mandatory(only if box is Miami City Ballet checked) 2200 Liberty Avenue Miami Beach, FL 33139 **Bidders interested in attending the site visit, please meet at the Ground Floor of the Miami City Ballet.** BID NO: 2018-294-ZD CITYOF MIAMI BEACH - 7 BEACH 2 Last Day for Receipt of Questions: June 29, 2018 AT 3:00 PM ET Bid Due Date &Time: July 9, 2018 AT 3:00 PM ET Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Bid Opening Location Procurement Department (respond to): Third Floor 1755 Meridian Avenue Miami Beach, FL 33139 Response Format: Per bid documents: 1. Sealed Opaque Envelope (Properly Addressed) As per Section 0400 Below Basic Bid Requirements: 1. Bid Guaranty of 5% Please reference Section 0300 for detailed information. Z is required at the time of bid submission. ❑ is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: ® SHALL be required prior to contracting with the successful bidder. Alternative security instruments will be considered under City Code. ❑ SHALL NOT be required for this project. Prevailing Wage Rates & Local LJ SHALL be applied. Workforce Program Requirements Z SHALL NOT be applied unless project cost exceeds Please refer to Section 0200 and $1,000,000 for a covered project. Appendix C for detailed information and required forms for bid submittal. Project Completion Timeframe: 90 calendar days, Substantial Completion 30 calendar days, Final Completion (after Substantial Completion) Liquidated Damages: $500 OQ shall be assessed for each day after Substantial Completion that the Work is not complete. Procurement Contact Information: Zuleika Davidson , Contracting Officer Phone: 305.673.7000 ext. 7490 E-mail: gtleikadavidson(rDmiamibeachfl.aov 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 htto:/lli bra rv.municode.com/i ndex.asox?client)D=13097&state)D=9&statena me=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelaranado(&miamibeachfl.aov. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 3 TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS 5 0200 INSTRUCTIONS TO BIDDERS 8 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS 13 0400 BID SUBMITTAL REQUIREMENTS & FORMAT 14 0500 GENERAL TERMS AND CONDITIONS 16 APPENDICES: PAGE APPENDIX A PRICE FORM, BID TENDER FORM, & SUPPLEMENTS 51 APPENDIX B LIST OF PLANS AND SPECIFICATIONS 79 APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL 81 APPENDIX D REQUIRED FORMS (POST-AWARD) 91 APPENDIX E SAMPLE CONTRACT 103 APPENDIX F SPECIFICATIONS AND PLANS 112 BID NO: 2018-294-2D CITYOF MIAMI BEACH - 1 BEACH 4 0100 DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /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. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. BID NO:2019-294-ZD CITYOF MIAMI BEACH BEACH 5 1.11 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Sample Contract (Appendix E, attached), as may be amended by Change Order. 1.13 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information, and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.18 Owner's Contingency: The Owner's Contingency is to cover construction related cost which were not specifically foreseeable or quantified as of the date of Bid submittal, including but not limited to the following: correction of minor defects or omissions in the Work not caused by the Contractor's negligence; cost overruns due to the default of any subcontractor or supplier; minor changes caused by unforeseen or concealed site conditions; and minor changes in the Work not involving adjustment in the Contractor Price or extension of the completion date and not inconsistent with the approved final plans and specifications. The Owner's Contingency is to be used solely at the discretion of the City. Prior approval by the City shall be required for the use of Owner's Contingency. 1.19 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.20 Program Manager: Not applicable. 1.21 Project: The construction project described in the Contract Documents, including the Work described therein. 1.22 Project Initiation Date: The date upon which the Contract Time commences. 1.23 Resident Project Representative: Not applicable. BID NO:2076-294-ZD CITYOF MIAMI BEACH BEACH 6 1.24 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. 1.25 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. 1.26 Subcontractor: A person or entity having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.27 Substantial Completion: The date certified in writing by Consultant, and as fully determined by the Contract Administrator in his/her sole discretion the work, or a portion thereof, is at a level of completion in substantial compliance with the Contract Documents such that all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion and/or other authorization from the City acceptable to Contract Administrator must be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.28 Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.29 Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. Balance of Page Intentionally Left Blank BID NO:2018-294-ZD CITYOF MIAMI BEACH 7BEACH 7 0200 INSTRUCTIONS TO BIDDERS: 2. General: The following instructions are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a box ( ) which may be checked ( ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 3. Background and Scope of Work: As part of the Capital Budget, Capital Renewal & Replacement funds have been allotted for the replacement of the exterior windows and doors at the Miami City Ballet. Originally installed in 2000, the window and storefront sealants have begun to fail contributing to water intrusion throughout the building and most notably at the 2nd and 3rd floor balcony areas. In addition, an extensive delamination of the existing windows' interlayer can be observed from both the interior and exterior of the building. Therefore, the City of Miami Beach seeks proposals from, construction firms to provide construction services to furnish all labor, materials, equipment and supplies, in order to provide window replacements and repairs at the Miami City Ballet, as per specifications and drawings included herein as Appendix F. Contractor shall be responsible for securing offsite parking for their workforce at Contractor's own expense. Contractor will not be permitted to park in parking spaces designated for Miami City Ballet Staff, in Handicap Accessible parking spaces, in the Fire Lane or any other prohibited areas not mentioned herein. Exceptions will be made for limited use of the building's loading bay with prior request and approval from the Building Engineer. 4. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 5. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 4.1 Examine the Contract Documents thoroughly. 4.2 Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. 4.3 Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 4.4 Study and carefully correlate Bidder's observations with the Contract Documents. 4.5 Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. BID NO:2079-294-ZD CITYOF MIAMI BEACH •• BEACH 8 6. Location of Work: This Scope of Work shall be completed at the following location: Miami City Ballet: 2200 Liberty Ave., Miami Beach, FL 33139. 7. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this ITS. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. 8. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 9. Prevailing Wage Rates & Local Workforce Participation: Chapter 31, Articles II and III, of the Code of City of Miami Beach requires that the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation. Additionally, the contractor will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. Refer to Appendix C for additional information and requirements of these programs. 10. Acceptance or Resection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. 11. Method of Award: The City Commission shall award the contract to the lowest and best bidder. The "lowest and best bidder" shall be defined as the lowest, responsive, and responsible bidder. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. BID NO: 2018-294-ZD CITVOF MIAMI BEACH 1 1 1 BEACH 9 12. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, shoring, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 13. Postponement of Date for Presenting and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five (5) calendar days written notice of any such postponement to all prospective Bidders. 14. Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date in accordance with City Code Section 2-371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 15. Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011-3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service- disabled veteran business enterprise. 16. Equal Benefits Ordinance: Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. Bidders shall complete and return, with their bid, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the Bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that the successful Bidder/Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that a Bidder is considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Bidders will find Attachment A-6 in Appendix A of this Solicitation which consists of an FAQ Section and Required Forms for Bid Submittal. BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 17. City Manager's Review: After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. 18. City Commission Authority: The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. 19. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the bid. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the Contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID SUBMITTAL. BID NO: 2018.2942D CITYOF MIAMI BEACH BEACH 11 20. PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. 1. CITY OF MIAMI BEACH-Building Permit/Sub-Permits/Notice of Commencement 2. Miami-Dade County's Department of Regulatory and Economic Resources (DRER) 3. Any FDOT or other MOT permits deemed necessary by Authorities having Jurisdiction. The successful contractor shall be responsible for obtaining a Building Permit from the City of Miami Beach Building Department. The successful contractor shall be responsible for obtaining a dewatering permit from the appropriate agencies if necessary. Balance of Page Intentionally Left Blank BID NO:2018-294-ZD CITYOF MIAMI BEACH • BEACH 12 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS The Minimum Eligibility Requirements for this solicitation are listed below. Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bid Guaranty: Bidder shall submit, WITH ITS BID, either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500, General Conditions, or by certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. FAILURE TO INCLUDE THE BID BOND WITH THE BID SUBMITTAL SHALL RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND NOT BEING CONSIDERED. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid Securities of the unsuccessful Bidders will be returned after award of the Bid by the Mayor and City Commission. ANY BID THAT DOES NOT INCLUDE, WITH THE BID, A BID BOND SHALL BE DEEMED NON-RESPONSIVE AND SHALL NOT BE CONSIDERED. 2. Licensing Requirements: Bidder shall be State of Florida Certified General Contractor in the State of Florida, Division of Business and Professional Regulations to be considered for award. The qualified bidder shall hold all required certified licenses at the time of the bid and throughout the term of the project in order to provide the scope of work as set forth in the bid documents. 3. Previous Experience: Bidders shall have a total of no less than three (3) projects successfully completed of similar scope and value within the last five(5) years. Submittal Requirement: Bidders shall submit at least three (3) similar projects in scope (as defined in Appendix F) and volume within the past five (5) years. Similar projects shall be interpreted to mean the construction or renovation, valued at $450,000 or more, of new commercial buildings. For all references submitted, Bidders shall submit, with its bid or within two (2) business days of request, at a minimum the following information for each project reference: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone number, 5) Contact's Email, 6) Narrative on Scope of Services Provided, 7) Contract amount and completion date. Balance of Page Intentionally Left Blank BID NO: 21118-294-ZD CITYOF MIAMI BEACH _ BEACH 13 0400. BID SUBMITTAL REQUIREMENTS AND FORMAT 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, two (2) bound copy and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, and Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. The City reserves the right to request any documentation omitted, with exception of the Bid Price form and Bid Bond (if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any other omitted documentation within two (2) business days upon request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. BID SUBMISSION FORMAT: Bid packages must contain the following information and documents, each fully completed, signed, and notarized (as required) in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures or notarizations on each document, may be deemed non-responsive. Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS 1. Bidder shall provide a Cover Page including the following information: • Name of Bidder. • Address of submitting Bidder. • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. • Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) • Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. 2. Table of Contents. Tab B. MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS 1. Bidders shall provide evidence indicating compliance with the minimum requirement(s) of this ITS, as further detailed in Section 0300 Minimum Requirements. 2. Appendix C- Required Forms for Bid Submittal (as applicable). Tab C. FINANCIAL STATEMENTS 1. D&B Suppler Evaluation Report. Upon the request of City Administration after a Bid has been submitted, the lowest and best Bidder shall pay D&B to send the Supplier Qualifier Report(SQR) to the prospective Bidder and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility of the prospective Bidder. The prospective Bidder shall request the report from D&B at the following website: BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 14 httpsa/suoplieroortaIdnb.com/webaPD/wcs/stores/servlet/SupplierPorta I?storeld=11696 BIDDERS SHOULD NOT INCLUDE SQR REPORTS WITH THEIR BID SUBMITTALS. Financial Capacity shall only be evaluated for the lowest and best bidder to determine the responsibility of that contractor. Bidders shall submit SQR Reports electronically directly to the Procurement Contact listed herein upon request. 2. In addition to the D&B information, the City may require that proposers submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each Proposers involved in the co- venture must submit financial statements as indicated above. Tab D. PREVIOUS EXPERIENCE AND KEY PERSONNEL It is a requirement of the bid that the Bidder staff the project with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide the following information: 1. Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid. 2. An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent • Site Foreman and/or Estimator 3. A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub-contractors proposed for the Project. Tab E. BID PRICE Bidders are required to submit their bid price using the Invitation to Bid Proposal Price Form found in Appendix A, Attachment A-1. Attach Appendix A Price Form, Bid Tender Form, & Supplements fully completed and executed. FAILURE TO SUBMIT THE MOST RECENT BID PROPOSAL FORM (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. BID NO: 2018-294-ZD CITYOF MIAMI BEACH 12. ... BEACH 15 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least five (5) years of experience in projects of similar design, scope, size and complexity. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultants authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 4.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 4.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall"), in the indicated form for Final review and approval: () Bar Chart O Modified CPM (X) CPM () Computerized CPM using Primavera P6 software or latest version Microsoft Project software BID NO: 2018-294-ZD CITYOF MIAMI BEACH -+;'I',,BEACH 16 (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P6 software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY (including a native version and a pdf). In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR or the professional who performs scheduling have a vast knowledge in the use of Primavera P6, to develop and update the project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to CONTRACT ADMINISTRATOR for review and acceptance that demonstrates "Catch Up" within seven (7) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 4.1.2 Not Used. BID No:2018-294-ZD CITYOF MIAMI BEACH i BEACH 17 4.1.3 A preliminary schedule of Shop Drawing submissions; and 4.1.4 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which may include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.5 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 4.3. Within five (5) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within ten (10) days after the Project Initiation Date set forth in Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: Within ten (10) calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto in Appendix D. 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 6. BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 18 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Anal 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 in Appendix D. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 6. Qualification of Surety 6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5)years. 6.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 19 holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6.2. For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify, defend, 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. This indemnification provision shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 7.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1 The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: BID NO: 2018-294-ZD CITYOF MIAMI BEACH _ ,.;'. BEACH 20 A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $2,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall be named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Umbrella Liability with limits no less than $10,000,000. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 8.2 Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 8.3 Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Other Insurance Provisions 1. For any claims related to this project, the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. 2. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. 3. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. BID NO: 20113-294-2D CITYOF MIAMI BEACH ;.f. BEACH 21 If any coverage required is written on a claims-made form: 4. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 5. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 6. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase extended period coverage for a minimum of five (5) years after completion of the contract work. 7. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee)for review. 8. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of"Pollution" shall include microbial matter including mold. 8.4 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. 8.5 Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8.6 Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder: CITY OF MIAMI BEACH c/o PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other BID NO:2918-294-ZD CITYOF MIAMI BEACH BEACH 22 facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 12. Permits, Licenses and Impact Fees: 12.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to 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. BID NO: 2018-294-ZD CITYOF MIAMI BEACH L'\,' BEACH 23 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty- one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non- technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: 2018-294-ZD CITVOF MIAMI BEACH 24 14. Inspection of Work: 14.1. Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 14.1.1. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be uncovered for examination and properly restored at Contractor's expense. 14.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 14.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 15.2. Daily, Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment BID NO:2018-294-Z0 CITYOF MIAMI BEACH �< BEACH 25 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. Termination. 16.1. Termination for Convenience. In addition to other rights the City may have at law and pursuant to the Contract Documents with respect to cancellation and termination of the Agreement, the City may, in its sole discretion, terminate for the City's convenience the performance of Work under this Agreement, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Agreement, and may be issued by the City with or without cause. a. Upon receipt of such Notice of Termination for Convenience from the City, and except as otherwise directed by the City, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Section 16.1: i. Stop the Work specified as terminated in the Notice of Termination for Convenience; ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 26 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). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values, within 30 days of the effective date of termination, unless extended in writing by the City upon request. Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the Contractor. Such final BID NO: 2018-294-ZD CITYOF MIAMI BEACH 27 A,7,BEACH 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. 16.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of written notice from the City to Contractor specifying such Default, the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed thirty (30) days, after the delivery of such Notice of Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for the City to terminate Contractor for cause: a. Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; or failing to use the Subcontractors, entities and personnel as identified and to the degree specified, in the Contract Documents, subject to substitutions approved by the City in accordance with this Agreement and the other Contract Documents; b. Failing, for reasons other than an Excusable Delay, to begin the Work required promptly following the issuance of a Notice to Proceed; c. Failing to perform the Work with sufficient manpower, workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any of the Project within the specified time; d. Failing, for reasons other than an Excusable Delay, to timely complete the Project within the specified time; e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract Documents; f. Discontinuing the prosecution of the Work, except in the event of: 1) the issuance of a stop-work order by the City; or 2) the inability of the Contractor to prosecute the Work because of an event giving rise to an Excusable Delay as set forth in this Agreement for which Contractor has provided written notice of same in accordance with the Contract Documents; g. Failing to provide sufficient evidence upon request that, in the City's sole opinion, demonstrates the Contractor's financial ability to complete the Project; h. An indictment is issued against the Contractor; i. Failing to make payments to for materials or labor in accordance with the respective agreements; j. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; BID NO: 2818-294-ZD CITYOF MIAMI BEACH BEACH 28 28 k. Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Agreement; I. Failing to comply in any material respect with any of the terms of this Agreement or the Contract Documents. In no event shall the time period for curing a Default constitute an extension of the Substantial Completion Date or a waiver of any of the City's rights or remedies hereunder for a Default which is not cured as aforesaid. 16.3. Termination of Agreement for Cause. a. The City may terminate the Contractor for cause upon the occurrence of an Event of Default as defined in Section 16.2, or for any other breach of the Agreement or other Contract Documents by the Contractor that the City, in its sole opinion, deems substantial and material, following written notice to the Contractor and the failure to timely and properly cure to the satisfaction of the City in the time period set forth in Section 16.2, or as otherwise specified in the Notice of Default. b. Upon the occurrence of an Event of Default, and without any prejudice to any other rights or remedies of the City, whether provided by this Agreement, the other Contract Documents or as otherwise provided at law or in equity, the City may issue a Notice of Termination for Cause to Contractor, copied to the Surety, rendering termination effective immediately, and may take any of the following actions, subject to any prior rights of the Surety: i. Take possession of the Project site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor; H. Accept assignments of subcontracts; iii. Direct Contractor to transfer title and deliver to the City (1) the fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; and iv. Finish the Work by whatever reasonable method the City may deem expedient. c. Upon the issuance of a Notice of Termination for Cause, the Contractor shall: i. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished or partially completed documents, and any and all BID NO: 2018-294-ZD CITYOF MIAMI BEACH ., BEACH 29 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 iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest. d. The rights and remedies of the City under Section 16 shall apply to all Defaults that are non-curable in nature, or that fail to be cured within the applicable cure period or are cured but in an untimely manner, and the City shall not be obligated to accept such late cure. 16.4. Recourse to Performance and Payment Bond; Other Remedies. a. Upon the occurrence of an Event of Default, and irrespective of whether the City has terminated the Contractor, the City may (i) make demand upon the Surety to perform its obligations under the Performance Bond and Payment Bond, including completion of the Work, without requiring any further agreement (including, without limitation, not requiring any takeover agreement) or mandating termination of Contractor as a condition precedent to assuming the bond obligations; or (ll) in the alternative, the City may take over and complete the Work of the Project, or any portion thereof, by its own devices, by entering into a new contract or contracts for the completion of the Work, or using such other methods as in the City's sole opinion shall be required for the proper completion of the Work, including succeeding to the rights of the Contractor under all subcontracts as contemplated by Article 16. b. The City may also charge against the Performance and Payment Bond all fees and expenses for services incidental to ascertaining and collecting losses under the Performance and Payment Bond including, without limitation, accounting, engineering, and legal fees, together with any and all costs incurred in connection with renegotiation of the Agreement. 16.5. Costs and Expenses. a. All damages, costs and expenses, including reasonable attorney's fees, incurred by the City as a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent the City has expressly consented, in writing, to the Contractor's late cure of such Default), together with the costs of completing the Work, shall be BID NO: 2018-294-ZD CITYOF MIAMI BEACH 'I. BEACH 30 deducted from any monies due or to become due to the Contractor under this Agreement, irrespective of whether the City ultimately terminates Contractor. b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay Contractor, and the Contractor shall not be entitled to receive, any money until such time as the Project has been completed and the costs to make repairs and/or complete the Project have been ascertained by the City. In case such cost and expense is greater than the sum which would have been due and payable to the Contractor under this Agreement for any portion of the Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable and shall pay the difference to the City upon demand. 16.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of this Agreement, or that any delay hereunder was an Excusable Delay, the termination shall be converted to a Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained in Section 16.1. The Contractor shall have no further recourse of any nature for wrongful termination. 16.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents, no remedy under the terms of this Agreement is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies, existing now or hereafter, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient. 16.8. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the Contract Documents is material. The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or Amendment of this Agreement. A waiver shall not be effective unless it is in writing and approved by the City. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and the failure of the City to exercise its rights and remedies under this Article 16 at any time shall not constitute a waiver of such rights and remedies. 17. Contractor Right to Terminate Contract or Stop Work: If the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) days due to no act or fault of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any material amount owing pursuant to an Approved Application for Payment in accordance with the Contract Documents and after receipt of all supporting documentation required pursuant Article 8, and if the City fails to make such payment within ninety (90) days after receipt of written notice from the Contractor identifying the Approved Application for Payment for which payment is outstanding, then, unless the City is withholding such payment pursuant to any provision of this Agreement which entitles the City to so withhold such BID NO: 2018-294-ZD CITYOF MIAMI BEACH 31 -.''>•BEACH payment, the Contractor shall have the right upon the expiration of the aforesaid ninety (90) day period to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure period. In such event, Contractor may terminate this Agreement and recover from City payment for all Work executed and reasonable expense sustained (but excluding compensation for any item prohibited by any provisions of the Contract Documents). In the alternative to termination, Contractor shall not be obligated to recommence the Work until such time as the City shall have made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory to the City. Except as set forth in this Section 16.8, no act, event, circumstance or omission shall excuse or relieve the Contractor from the full and faithful performance of its obligations hereunder and the completion of the Work as herein provided for. 18. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 19. Rights of Various Interests: Whenever work being done by City's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 20. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and Consultant in writing of the existence of the aforesaid conditions. Consultant and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Consultant shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If City and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to Consultant for determination in accordance with the provisions of Article 13. Should Consultant determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, Consultant shall so notify City and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. BID NO: 2018-294-ZD CITYOF MIAMI BEACH .BEACH 32 No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant as the date of substantial completion. 21. Plans and Working Drawings: City, through Consultant, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 22. Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, 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 26 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 BID NO: 2018-294-ZD CITYOF MIAMI BEACH 33 which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non- defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents 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. BID NO:2018-294-ZD CITYOF MIAMI BEACH 34 :y BEACH 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 40% 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 Contractors 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 Contractors Work, except as to defects which may develop in other contractors 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. BID NO: 2018-294-ZD CITYOF MIAMI BEACH , P,..BEACH 35 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from Consultant. 30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. 30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Consultant on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Consultant shall issue a Final Certificate of Payment relative to the occupied area. 30.2.5. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the 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 BID NO: 2018-294-ZD CITYOF MIAMI BEACH • 7....BEACH 36 in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 33.2. The Contractor shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 33.3. The Contractor shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. 33.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing after award of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and BID NO: 2018-294-2D CITYOF MIAMI BEACH - ,, BEACH 37 there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 36. Changes in the Work or Terms of Contract Documents: 36.1. Without invalidating the Contract and without notice to any surety City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 36.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by City as hereinafter provided. 37. Field Orders and Supplemental Instructions: 37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 38. Change Orders: 38.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. 38.2. All changes to construction contracts which exceed the Commission-approved contingency must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $50,000 or more shall be approved in advance by the Mayor and BID NO: 2018-294-ZD CITYOF MIAMI BEACH 38 City Commission. All Change Orders with a value of less than $50,000 shall be approved in advance by the City Manager or his designee. 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 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 38.2 and 38.3, 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 BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 39 limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by City. 39.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 39.2.3. Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to City who will then determine, with the advice of Consultant, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be 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 BID NO:2018-294-ZD CITYOF MIAMI BEACH 40 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 BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 41 i equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2. A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, Contractor's fee shall not exceed ten percent(10%). 39.4.2.2. For costs incurred under Section 39.2.3, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 39.2.4 and 39.2.5, (except Section 39.2.5.3), and Section 39.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. BID NO: 2018-294-2D CITYOF MIAMI BEACH BEACH 42 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. BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 43 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 40 hereof. Failure of Contractor to comply with Article 40 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, (li) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (Hi) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (li) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 43. Substantial Completion: When Contractor considers that the Work, or a portion thereof designated by City pursuant to Article 30 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 BID NO: 2018-294-ZO CITYOF MIAMI BEACH - BEACH 44 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 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 ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 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. 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. BID NO: 2018-294-ZD CITYOF MIAMI BEACH .,., BEACH 45 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. 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: BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 46 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. 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. BID NO:2018-294-ZD CITYOF MIAMI BEACH 3; BEACH 47 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. 51.5. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the Owner or Owner Representative a Hurricane Preparedness Plan. 52. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination: In connection with the performance of the Services, the Contractor shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. BID NO: 2018-294-ZD CITYOF MIAMI BEACH - A'`,' BEACH 48 Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 55. Project Records: City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project and to any claim for additional compensation made by Contractor. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two (72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 1. The chemical name and the common name of the toxic substance. 2. The hazards or other risks in the use of the toxic substance, including: i. The potential for fire, explosion, corrosion, and reaction; H. 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. 3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 49 4. The emergency procedure for spills, fire, disposal, and first aid. 5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 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 no submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. Balance of Page Intentionally Left Blank BID NO:2018-294-ZD CITYOF MIAMI BEACH ".;1,BEACH 50 APPENDIX A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender Form: Non-Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6: Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information Failure to submit the attached ITB Price Form shall render proposal non-responsive, and said non-responsive proposal shall not be considered by the City. BID NO:2018-294-ZD CITVOF MIAMI BEACH 1BEACH 51 A-1 City of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid,consisting of furnishing all materials,labor,equipment, shoring,supervision,mobilization,demobilization,overhead and profit insurance,permits,and taxes to complete the work to the full intent as shown or indicated In the contract documents. Any or all alternates,if applicable,may be selected at the Clt s sole discretion and based on funding availability. BIDDER MUST SUBMIT THIS ITB PRICE FORM FULLY COMPLETED, INCLUDING SECTIONS 1 AND 2, AS PART OF THE BID RESPONSE. FAILURE TO DO SO SHALL DEEM THE BIDDER NONRESPONSIVE. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base hid shall govern. In the event of a discrepancy between the numerical total base hid and the written total base hid,the written total base bid shall govern.In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. SECTION A- BIDDERS PRICE PROJECT TITLE: ITB NO. 2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Cost *Lump Sum Grand Total (Total Base Bid) $ *PROJECT SHALL BE AWARDED TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER OFFERING THE LOWEST LUMP SUM GRAND TOTAL (TOTAL BASE BID) Section 2- Bidder's Affirmation: Company: Address Line 1: Address Line 2: Telephone: Email: Signature: Title/Printed Name: FAILURE TO SUBMIT THIS FORM FULLY EXECUTED AND BID BOND (IF APPLICABLE) WITH BID SUBMITTAL SHALL RESULT IN BEING DEEMED NONRESPONSIVE. Balance of Page Intentionally Left Blank BID NO:2018-294-ZD CITYOF MIAMI BEACH - BEACH 52 A-2 City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO:2018-294-ZD CITYOF MIAMI BEACH - BEACH 53 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond G, Cash 0, Money Order U, Unconditional Letter of Credit U, Treasurer's Check 7, Bank Draft 7, Cashier's Check ❑, or: Certified Check O Na Bank of for the sum of Dollars ($ The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Address Line 1: Address Line 2: Telephone Number: E-mail Address: Social Security Number: OR Federal I.D. Number: Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sion below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 54 A-2 (Sian below if incorporated) ATTEST: (Type or Print Name of Corporation) Secretary (Signature and Title) (CORPORATE SEAL) (Type or Print Name Signed Above) Incorporated under the laws of the State of: BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 55 A-3 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN TWO (2) BUSINESS DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has been in possession of these licenses, certifications, and/or registrations. License/Certification#/Registration# #Years 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. 3. What business are you in? 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. 5. Have you ever failed to complete any work awarded to you? If so, where and why? 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4)Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. BID NO:2079-294-2D CITYOF MIAMI BEACH - BEACH 56 A-3 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers): a. Name of Project b. Owner and Point of Contact (Minimum of Phone Number& E-mail Address) c. Original Contract Value d. Current Contract Value a Projected Date of Completion per Contract f. Percent (%) Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ❑ Yes ❑No 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: B. The business is a: ❑ Sole Proprietorship E Partnership ❑ Corporation C. The address of principal place of business is: D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 57 A-3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. I. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organizationts) were BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 58 A-3 J. Has the Bidder, its principals, officers or predecessor organization(s) beeneIf arred or suspended from bidding by any government during the last five (5) years? Ye please provide details. K. Under what conditions does the Bidder request Change Orders? L. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. M. Individuals or entities (including our sub-consultants) with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. N. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? ❑Yes ENo O. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? Eyes ENo If the answer to either number N or 0 is yes, attach a written detailed explanation. BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 59 A-3 1 P. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? 0Yes No Q. 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. R. 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. S. 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. BID NO: 2018-294-ZD CITYOF MIAMI BEACH - BEACH 60 A-31 CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Title: CONTINUED ON FOLLOWING PAGE IF CORPORATION: Signature Print Name of Corporation Print Name Address Title: WITNESS: Signature Print Name Title: (CORPORATE SEAL) Attest: Secretary BEACH BID NO:2018-294-ZD CITYOF MIAMI BEACH 61 A-4 SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this day of , 20_ The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2018-294-ZD. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) BID NO:2018-294-2D CITYOF MIAMI BEACH BEACH 62 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). BID NO: 2018-294-2D CITYOF MIAMI BEACH BEACH 63 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION (Bidder Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by as (name of person whose signature is being notarized) (title) of (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 64 A-6 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-XXX of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over $100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach, or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract(covered by the Ordinance). BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 65 A-6 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional A/E, landscape NE, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 66 A-6 • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract; • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved; • Debarment of contractors from City work, as prescribed by the City Code. Balance of Page Intentionally Left Blank BID NO: 2018-294-2D CITYOF MIAMI BEACH BEACH 67 A-6 MIAMIBEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Contact Person: Phone Number Fax Number E-mail: Vendor Number(if known): Federal ID or Social Security Number Approximate Number of Employees in the U.S.: (It 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund?_Yes No Union name(s): Section 2.Compliance Questions Question 1.Nondiscrimination•Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a `YES" answer means your company agrees it will not discriminate', a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. i . Race _Yes_No r_ Sex _Yes_No i '. Color _Yes_No ❑ Sexual Orientation _Yes_No C Creed _Yes_No '.- Gender Identity(transgender status) _Yes_No Religion _Yes_No IT Domestic partner status _Yes_No Marital status Yes_No �, National origin _Yes_No — I Ancestry _Yes_No E Disability _Yes_No Age _Yes_No L AIDS/HIV status _Yes_No I Height _Yes L'.Weight _Yes_No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note:you must answer this question,even if you do not intend to enter into any subcontracts. _Yes_No BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 68 A-6 Question 2.Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners" or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides Firm Provides Firm does not for Employees for Employees Provide Benefit with Spouses with Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachf.aov/arocurement/ BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 69 A-6 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation,your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document, to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4.Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of ,in the year ,at Signature Mailing Address Name of Signatory City,State,Zip Code Title BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 70 A-6 MIAMIBEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Department ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 9 The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 10 The dates on which such benefits providers were contacted, 11 Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses, and 12 Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City,State,Zip Name of Signatory (please print) Telephone Number Title Date BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 71 A-6 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits, 2. The existence of benefits providers willing to offer equal benefits to the City Contractor; and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B.Cash Equivalent "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 72 A-6 MIAMIBEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Department by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Department evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into,and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available. Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: BID NO:2018-294-ZD CITYOF MIAMI BEACH 17 BEACH 73 A-6 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrativesasteps srev y incl and but are not limited to, such actions as computer systems modifications, p policy the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements(CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3)months from the date the contract with the City is entered into. For a delay to be granted under this provision,written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO: 2018.294-ZD CITYOF MIAMI BEACH - 7 BEACH 70 A-6 I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State,Zip Name of Signatory (please print) Telephone Number Title Date BID NO:2018-294ZD CITYOF MIAMI BEACH BEACH 75 A-7 SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCWITH BIID ITEMS INING AND ILL THE T SCHEDULE CHEDULE DE OF PRICES,NOREY ARE NOT TO BE CONSIDEREDE COFUSED DDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Total $ Name of Bidder Authorized Signature of Bidder BID NO:2018-294-ZD CITYOF MIAMI BEACH - 1 BEACH 76 A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive] BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 77 • A-8 RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 78 APPENDIX B List of Plans and Specifications BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 79 MIAMIBEACH B LIST OF PLANS & SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY BCC ENGINEERING, DATED May 17, 2017 Page Sheet No./Spec. Title/Description No. ITB 2018-294-ZD: Miami City Ballet Exterior Door and Window Replacement- Specifications and Drawings 1 Cover Coversheet 2 A0.1 GENERAL NOTES 3 D1.0 DEMOLITION GROUND FLOOR PLAN 4 D2.0 DEMOLITION SECOND FLOOR PLAN 5 D3.0 DEMOLITION THIRD FLOOR PLAN 6 D4.0 DEMOLITION ( ELEVATION) 7 A1.0 ENLARGEMENT GROUND FLOOR PLAN 8 A1.1 ENLARGEMENT GROUND FLOOR PLAN 9 A2.0 ENLARGEMENT SECOND FLOOR PLAN 10 A2.1 ENLARGEMENT SECOND FLOOR PLAN 11 A3.0 ENLARGEMENT THIRD FLOOR PLAN 12 A3.1 ENLARGEMENT THIRD FLOOR PLAN 13 A4.0 PROPOSED ELEVATION 14 45.0 DETAILS 15 A6.0 WINDOWS AND DOOR SCHEDULE BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 80 APPENDIX C Required Forms for Bid Submittal (Note: Attachments below only apply if the adjacent box is checked) ❑ ATTACHMENT C-1: Prevailing Wage and Local Workforce Participation Program Requirements ❑ ATTACHMENT C-1 A: Responsible Contractor Affidavit Form (PART A) ❑ ATTACHMENT C-1B: Responsible Contractor Affidavit Form (PART B) ❑ ATTACHMENT C-2: Bid Guaranty Form; Unconditional Letter Of Credit ❑ ATTACHMENT C-3: Statement Of Compliance: Prevailing Wage Rate Ordinance ❑ ATTACHMENT C-4: Statement Of Compliance: Davis Bacon Wages BID NO: 2018-294-ZD CITYOF MIAMI BEACH 7BEACH 81 C-1 The Requirements of the Prevailing Wage and Local Workforce Participation Programs shall apply to the award of this project. The purpose of this appendix is to summarize, for clarity, the requirements of the City's Prevailing Wage and Local Workforce Program Requirements. In the event of any omissions or conflicts,the requirements of the City Code,with respect to these programs, shall prevail. I. MINIMUM WAGES AND BENEFITS 1. Employee Compensation. The rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by the contractor or subcontractor on the work covered by the contract, shall be not less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation. (reference: Sec 31-27). 2. Notice Requirement. On the date on which any laborer or mechanic commences work on a construction contract to which this article applies, the contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this article. (reference: Sec 31-29). 3. Certified Payrolls. With each payment application, Contractor shall submit a copy of all payrolls, including (at a minimum) the name and zip code for the covered employee,to the City accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper prevailing wage rate for the work performed. Beginning,January 30, 2018, all payroll submittals shall be completed electronically via the City's electronic compliance portal, LCP Tracker. No payment application shall be deemed accepted until such time as the Procurement Department has confirmed that a certified payroll for the applicable payment application has been accurately submitted in LCP Tracker. a. LCP Tracker Training.The Procurement Department offers ongoing training in LCP Tracker to all contractors.To schedule a training session, contact Alian Gonzalez at AlianGonzalez@MiamiBeachFL.gov or at 305-673-7490. BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 82 Cal II. LOCAL WORKFORCE PARTICIPATION GOALS 1. Responsible Contractor Affidavit. As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award, the bidder shall submit a Responsible Contractor Affidavit. The Responsible Contractor Affidavit (RCA) is comprised of two (2) forms —RCA-Part A and RCA-Part B. Both forms are required to be submitted with the bid or within 48 business hours of being notified by the Procurement Contracting Officer for the solicitation. Failure to submit the RCA shall result in the bid being disqualified and deemed non-responsive. a. Part A—Commitment to Promote Local Workforce Participation. The contractor, and each subcontractor, shall submit RCA-Part A affirming that it will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The contractor shall also affirm that it will make its best reasonable efforts to promote employment opportunities for Miami Beach residents. To download RCA-Part A affidavit, visit miamibeachfl.gov/procurement/local workforce. b. Part B — Position / Employee Data. The contractor, and each sub-contractor shall submit RCA-Part B with the following sections completed: • Section 1 — Indicate the number of positions required to complete the contract work, and the minimum qualification(s) for each position. • Section 2—For the positions indicated in Section 1, specify the name, address, and position of each current employee of the contractor or subcontractor. • Section 3 - For the positions indicated in Section 1, not indicated in Section 2, each contractor or subcontractor shall specify the number of positions, and the minimum qualification(s)for each position, that the contractor or subcontractor shall seek to hire to supplement the current employees listed in Section 2. To download RCA-Part B form, visit miamibeachfl.gov/procurement/local workforce. 3. Workforce Performance Report. Before its final application for payment, the contractor shall submit its final Certified Payroll in LCP Tracker, which shall be deemed its final Workforce Performance Report. If the project goal of thirty percent (30%) of all construction labor hours to be performed by Miami-Dade County residents is not met, the Contractor shall submit supporting documentation verifying reasonable efforts to promote employment opportunities for Miami Beach and Miami-Dade County residents. No final payment application may be approved without this information. BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 83 C-1 III. PROCESS FLOW The following graphic outlining the major steps of the Prevailing Wage and Local Workforce Participation programs is provided illustrative purposes only. 6.Contractor submits Workforce Performance 1.Bidder submits a Report prior to bid or proposal. submittal of final payment Atik application. 2.With is bid or proposal, s.Projecct bidder submits Responsible Contractor Affidavit-Parts A Completed. and B. 11/4 4.Prior to submitting every payment application, 3.Project Contractors Awarded. submits Certified . _ _ - Payrolls in LCP Tracker. Balance of Page Intentionally Left Blank BID NO:2018-294-2D CITYOF MIAMI BEACH BEACH 84 C-1 A LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form Part A — Commitment to Promote Local Workforce Participation In accordance with Article III, Section 31-40 of the Miami Beach Code, all contractors and subcontractors of any tier performing on a city contract valued in excess of 51,000.000 for(i) the construction, demolition, alteration and/or repair of city buildings or city public works projects, or (ii) a contract valued in excess of$1,000,000 which provides for privately-funded construction, demolition, alteration and/or repair of buildings or improvements located on city-owned land, and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements of the Local Workforce Participation Program. The undersigned Contractor affirms that, should it be awarded the contract pursuant to this solicitation, it shall comply with the following: i. The contractor will make its best reasonable efforts to promote employment opportunities for local Miami- Dade County residents and seek to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. ii. The contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. To verify workers' residency, contractor(s) shall provide the residence address of each worker. Print Name of Affiant Print Title of Affiant Signature of Affiant Name of Firm Date Address of Firm State Zip Code Notary Public Information Notary Public—State of County of Subscribed and sworn to(or affirmed) before me this day of, 20_ by He or she is personally known to me ❑ or has produced identification ❑ Type of identification produced Signature of Notary Public Serial Number Print or Stamp of Notary Public Expiration Date Notary Public Seal BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 85 C-1 B LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form Part B—Commitment to Promote Local Workforce Participation SECTION]-REQUIRED POSITIONS.Specify the total number of positions that will be used by theContractor for and by all subcontractors)to perform all of the construction trades and labor work of the contract,broken down by trade and labor category,minimum qualifications category,and the number of persons to be utilized in each category. Name of Contractor/Subcontractor: D F A No.of Positions Required No.of Positions Currently No.of Positions to be Trade/Category Minimum Qualificationls) for the Work Staffed Hired SECTION 2-CURRENT EMPLOYEES.For those positions currently staffed by the contractor or subcontractor(Column Ell,identify each individual by name,address and trade category of all persons proposed to perform work under the contract currently on the contractor's or subcontractors payroll who reside In Miami Beach and Mia DadeCounty. I certify that the representations con Wined In this Construction Workforce Plan are to the bests')my knowledge true and accurate. Signature of Affiant Print Name Print Title Date BID NO:2018-29420 CITYOF MIAMI BEACH LAC 86 C-2 MIAMIBEACH ❑ BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiring: Date Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order of and for the account (branch address) of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part of agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated (Bank name) This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. BID NO: 2018-294-ZD CITYOF MIAMI BEACH . BEACH 87 C-2 We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the shall be a release of all obligations. (contractor, applicant, customer) This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida la-+w should arise, Florida law shall prevail. Authorized Signature BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 88 ❑ STATEMENT OF COMPLIANCE: C-3 PREVAILING WAGE RATE ORDINANCE NO. 94-2960 No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 (Contractor) By: (Signature) By: (Print Name and Title) STATE OF SS COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 2018-294-ZD CITYOF MIAMI BEACH - BEACH 89 C-4 ❑ STATEMENT OF COMPLIANCE: DAVIS BACON ACT No. Contract No. Project Title The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 Contractor By: (Signature) By: (Print Name and Title) STATE OF SS COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_ (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 90 APPENDIX D Required Forms (Post-Award) ATTACHMENT D-1: Form of Performance Bond ATTACHMENT D-2: Form of Payment Bond ATTACHMENT D-3: Certificate of Corporate Principle ATTACHMENT D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit ATTACHMENT D-5: Certificate of Substantial Completion ATTACHMENT D-6: Final Certificate of Payment ATTACHMENT D-7: Form of Final Receipt BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 91 MIAMIBEACH p_1 FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 92 D-1 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 93 D-2 FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. BID NO: 2018-294-ZD CITYOF MIAMI BEACH ' BEACH 94 D-2 The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 95 D-3 CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 96 D-4 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractors obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or BID NO:2018-294-ZD CITYOF MIAMI BEACH 7BEACH 97 D-4 agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 98 D-5 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. BID NO:2018-294-ZD CITYOF MIAMI BEACH - BEACH 99 D-5 Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO:2018-294-Z0 CITYOF MIAMI BEACH BEACH 100 D-6 FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 101 D-7 FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20_ BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 102 APPENDIX E Sample Contract BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 103 MIAMIBEACH SAMPLE CONTRACT NOTE: This Sample Contract is for informational purposes only. The contents of the contract may change based on the best interests of the City. CONTRACT THIS CONTRACT is by and between the City of Miami Beach, Florida, a municipal corporation of the State of Florida,("City"), and , ("Contractor"). WITNESSETH, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within (_) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within (__) calendar days from the date certified by Consultant as the date of Substantial Completion. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of BID NO:2078-294-ZD CITYOF MIAMI BEACH 1 1BEACH 104 dollars ($ ) 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 dollars ($ ) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM ( ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X] This is a Lump Sum Price Contract:* BID NO:2018-294-ZD CITYOF MIAMI BEACH BEAM-{ 105 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 The Contract Price is $ , consisting of a base bid in the amount of $ and a separate line item in the amount of $ for the Owner's Contingency (to be used solely by the City at its sole discretion for the purposes described in the Contract Documents). The Contract Price, exclusive of the Owner's Contingency, shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and profit, associated with completion of all the Work accordance with the requirements of the Contract Documents, including all Work reasonably inferable therefrom, even if such item of Work is not specifically or expressly identified as part of a line item in the ITB Price Form. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Following submission of an acceptable updated progress schedule and the other documents required herein a log with the Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five(25) days in accordance with Section 218.735 of the Florida Statutes. 4.2 The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in this Agreement. Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub-Section 43. Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended, and shall otherwise be at the sole discretion of the Contract Administrator, after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document, separate from monthly applications for payment. BID NO: 2018-294-ZD CITYOF MIAMI BEACH 11BEACH 106 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 107 accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6—MISCELLANEOUS 6.1 The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent provision elsewhere in the Contract Documents or under any law, regulation, statute or code requirement which is applicable to this Project, the more stringent state or federal provision shall prevail and govern the performance of the Work. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 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 BID NO:2018-294-ZD CITYOF MIAMI BEACH , _ BEACH 108 hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom itis 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: Attn: With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Attn: 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. BID NO: 2018-294-ZD CITYOF MIAMI BEACH - ` ' BEACH 109 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH, FLORIDA City Clerk Mayor ATTEST: BID NO: 2018-294-ZD CITYOF MIAMI BEACH - BEACH 110 Signature/Secretary Signature/President Print Name Print Name Date ATTACHMENTS ATTACHMENT A - Resolution, Commission Item Summary, and Commission Memorandum ATTACHMENT B - Invitation to Bid ("ITB") ATTACHMENT C - Bidder's Response to the ITB ATTACHMENT D - Insurance APPENDIX D: Required Forms APPENDIX D-1: Form of Performance Bond APPENDIX D-2: Form of Payment Bond APPENDIX D-3: Certificate of Corporate Principal APPENDIX D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit APPENDIX D-5: Certificate of Substantial Completion APPENDIX D-6: Final Certificate of Payment APPENDIX D-7: Form of Final Receipt BID NO: 2019-294-2D CITYOF MIAMI BEACH - BEACH 771 APPENDIX F Specifications and Plans BID NO: 2018-294-ZD CITYOF MIAMI BEACH BEACH 112 BCISQ644£ .. . °J.7 H �y EXTERIOR DOOR AND WINDOW REPLACEMENT N4I c[TV BALLET 2230 uBER-r AVE. MIAMI BEACH,FL 33 39 F ♦ ,r ', � C�� r G i r- litly A}" i^a4,Y� 1.-y fy31p! t&; y114 4 i 1... .TION MAP i :Sci)c; IDE.OF„,,NGS Tv,^. r ,- w m=` vI • )< CL f w3F�A w COVER R`ACH ARCHITECTURAL NOTES GENERAL FINISH NOTES DEMOLITION NOTES 4. s o DRA GANDO EN SUS LS OW&OOOR GENERAL NOTES: roof coMHunrvw GErvevAL rvGTEs .. ..._ _ GENERAL AS BULT DRAWINGS DISCLAIMER CO qU ... Eat - a4 ..._..__ 2c,1--.E'' Vl .... .._... °O f ZOE CC w314ms I A-01 ..E a'_ 11 ng neor ng -mi ' - - [ Y - - - L i E - I- v -J1 L---- HATCHED AREA NOT IN I SCOPE OF WORK c"• rH �..�_. I GROUND OR.DEMOLITION KLAN \ - '. DEMOLITION KEY NOTES. C 9E mu 0 EWATT GENDOWMvn H `53 £ NOTES: x-¢oa w D-01 N8-A '1 .R 1 u i __. .._ - .. engneer:rg 17_71 � i1 o —ii.:- _..^. _ . MATCHED IIREA NOT IN yr SCOPE OF WORN --- ` % -^ K. I I11 ^ _ ..., .'SECOND FLOOR.DEMOLITION PLAN \ " ,, DEMOLITON KEY NOTES: ""j r II-II IIII" V _ 9E o WALL LEGEND ... 00 WJjDIN n wF Ortm<` w) __.._ ._;. wa Ana i NOTES9_ ._. .,aa''a w .:. ., w34�€ a . _.,,. D-2.0 y `ACH .< A 1 -- —- ---r 7 I 6' 9 1 a nn 1 1 f - HATCHED AREA NOTN - Y SCOPE OF WORK I _ -- i TWRO FLOOR.DEMOLITION PLAN. _ LL DEMOLITION KEY NOTES: C .� ._a ... d WALL LEGEND. „ ..— co F ..._—. ONy» W Ac -. �O;O nm L- OOTER E CC111(§ CC ¢Nq D-3.0 CAC -, — - 'r. 1 I I , 7 r{ E_ III g 1 11 .- &Tic:Teeing -rail., II_ , r _ -1 , - - - .1 SOUTH ELEVATION.DEMOLITION PLAN - . - ..,....-.... i., _ _ - _ —- I _ ' I I 11 .1. - __ .. . .. . 2EAST ELEVATION.DEMOLITION PLAN. 3rEST ELEVATION DEMOLITION PLAN ..... . . . DEMOLITION SE',NOTES . ...- t' .— . . ai [ -r:j-Lf 5E1 ill ) ..-......1 ,b.,A v.• . Da WALL LEGEND ,-,, .„--- . -- . . .. _. .„.. - -. . —...., 0 E ID l3 s. AS 's I—-HT- 11-±1 'LI—, . .. ..... - -,:-..---.r...a....- .- - - 0 0-- P I- ow71;_ tij I . . _ m 0 'ft H . .. . ... . . . - _ , ... . ... ,..- _ -. .. - (1-▪-_'-{ I-51 F_LI, 'IE-21_1 NOTES K EY ALAN Cr D-4.0 zALH oele*SktE2, , u I L- .: - . - I I ',i Lc , "r I ;. . . - - 1 1 � NE __... _ :_ _ SCOPE OFWo I< N, iI I I L LEGENO. 1 WP NOTES I N. "nc W II i E Iy�, �{yy „___.1 N r� ._ 1� T�I � I� _ _ to�m Ty - IT ) J 1_ _ Ov."E, w w w --d--�� . $1 �. FLOOR PUN � la3..v° r GROUND FLOOR KEY PLAN \ W3£ Ce a£ 6 A-1.0 1 1 I NE OTES'. - ..,_.^ - - .-_..., _ _ _ iii . • ., I HATCH ROF WOR IH - w,^ N WALL ENO I NOTES: - O i� I 2'.1),, ,z.. LO - -' �- . . I C.° IA=E X GROUND FLOOR KEY PUN GROUND FLOOR.PROPOSED PUN w3£n£ a A-1.1 R`AC V -'Xt v .1 A _ 1 _ _ -- _. _ -__ _ .:. .... .. L —. _ _ --- ] .. I 1T j HATCHED AREA NOT IN --.. "' ""'"" SCOPE OF WORK . 1 I I 1 WALLLEGEND ,.,. I m NOTES ; C _ ai 1 FJ `c. "I _ II_ _. I ocvn W OK ma` w j \ _1 1SECOND FLOOR.PROPOSED PLAN • -00L°5a ��f1 .) H ',1aRC670£eE CO `I W3E1 d SECOND FLOOR KEY PIAN 'L A-2.0 x,E4c- N( . ,+'di. I NNE 1 1 1 KEY NOTES 1 1 4 I1 I 11 - - — 1 = _ Ir HATCH AREA NOT IN I I .. . ._ x y. ^. SCOPE OF WORK I II y 11 i WALL LEGEND: _ NOTES I ........ . i W L IJP - IL 1 = r el. I pt m 1 -.-�-17- ✓ 1 OW-lan lin �•\/ Dema'' in — ^ ) i Dao'-gym ii .. Wv_o d. SECOND FLOOR KEY PLAXSECOND FLOOR.PROPOSED PLAN W3££ 6 A-2. 1 :esao- 1 .' -. . g.. -- •'• '•• 7: I ,• k I HATCHED AREA NOT IN IY .• TY SCOPE OF WORK KEYNOTES - J II _., I I I - WALL LEGEND -_ GI_ I NOTES _ _ I _ ., 4. ,J�., II r'.id 1 j Y�tirL i��r�I l II L�- IL. J j .. oKma` Ln T J I �IF � � 1 O FLOOR.PROPOSED PUN \ Oegaj .E AC'H 9 ; vf., ia L i. 11 KEY NOTES I r 1 _7..... .. ,.. . i .-_._ r - -- _ HATCH AREA NOT IN I .. _.... SCOPE OF WORN I WALL j - .• - L i.,:- - y.1 � i E 4 IIS .91 ?..,f I LTA'r—, � I m, [L—CL'jC�"�i7 i o�mdi w C i r_ 1{ m o 5'E m iHIRO FLOOR KEY PLAN IRO FLOOR.PROPOSED PLAN W�i£nF 6 A-3.1 aC(6o(0e4 a� t II 1 II 1--1— l_._� D j - r t F_ i I _ F b P I — GNO . .e. SEQUENCE F WRK TABGENERAL —NOTES. 7.,....,VNDROOR .\ ...e NNGROUND FLOOR -.rm....,NArTNNINNLDNDacoDeNun NADDRANND,- rANDeNn..N,NNyerND.usNw l) aE ..,.,..._.�,n ....,,,,, =v I z mo ,. , ., zr �3CFA .-- t, v - l7am £'C 0_ QKx..... ...—...��........� G]4 W2ni A-3.2 -- —C -- - - a a 1 IL J-iiii on ._. SECOROFLOOR � • SEQUENCE OB WORK TABLE . A„AL .. GREENE FLOOR .,.....a.0.o.a v ,...__. ......�.�............,.. aE CO z y - _.. S oa,v THIRD LOO w ONl zr '63 v; s.,..; .._o cSun Waw3`zz,E A-3.3 -: .44( H p . I _i -_ . _l_ _ 1 [4 � I II 1 V j il I - Li 1 I I I j 4, p r — 1_s 1 I- ®� �R"- �_ _ _. a WORK TABLE ........,.a,..ma... aE '.b.,m.. ,,.__ „.,..E GENEPAL NOTES CO) sw s�maLL . 0 as ¢a.vcxae I-LLI.•••. (no w3fo£ TEMPORARY PARTITION(SECTION DETAILS A-3.4 I-f . _ '-n „. I . 11 11. rrglreenng ua� 1 r. .'SOUTH ELEVATION.PROPOSAL s. _ JI , Lrf..o 1 r r - - � r — _ -- -- ..... I � v �I_ 1 t = - . 11i' l 111 I I III I I ir 2 EAST ELEVATION PROPOSAL 3TEsi LEVATION-PROPOSAL. KEY NOTEs' II'I ,• r Ilh_ r 0- VTLI �L m H I _ ' {- -- WALL L No: a F Er ITI Ji va° a KEY PLAN �£ d „.. . TEs'. W3£n A-4.0 -A-e 1L w engineering 9 1 STOREFRONT CORNER OEi L2 np,STOREFRONTJAMB DETAIL ' w . —.—_ 1.M r. -- ---" _ FIX GLASS WINDOW 5 STOREFRONT DOORJAMB DETAIL} 3 STOREFRONTHEAD/SILL DETAIL 4HEAD&SILLDETAIL. .y STOREFRONT STOREFRONT DOOR HEAD AND .1-.6 THRESHOLD DETAIL . O of ow ov :^ w otts< . (n ‘ogL �a "_m F of W wCz=E T. A-5.0 FDJr sort englneenng 1.1 11 1 . ... _ c v ....„. .,.._.. WINDOWS ELEVATIONS ▪at m F v o 'Y" ...._.. , . _ ... EL ,..._ ... _ .r.. ...,. ▪c$oq . . ..., ,_ ._........"._. ... ... DOORS ELEVATIONS A_6.O ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Detail by FEI/EIN Number Page 1 of 2 Panda Dewrmwv of Sts Department of Stale / Division of Corporations / search Records I Detarl av Document Number/ Detail by FEI/EIN Number Florida Profit Corporation STONE CONCEPT MIAMI, INC. Filing Information Document Number P05000020226 FEIIEIN Number 20-2363215 Date Filed 02/08/2005 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/23/2016 Event Effective Date NONE Principal Address 1239 Robin Ave. MIAMI SPRINGS, FL 33166 Changed:04/17/2013 Mailing Address 1239 Robin Ave. MIAMI SPRINGS, FL 33166 Changed. 04/17/2013 Registered Agent Name&Address SARRAFI, HAMID 1239 Robin Ave. MIAMI SPRINGS, FL 33166 Name Changed:07/30/2009 Address Changed:04/17/2013 Officer/Director Detail Name&Address Title PST SARRAFI, HAMID A 1239 Robin Ave. MIAMI SPRINGS, FL 33166 http://search.sunbiz.org/Inquiry/CorporationSearch/SearehResultDetail?inq... 9/12/2018 Detail by FEI/EIN Number Page 2 of 2 Title VP SARRAFI,ALI A 1239 Robin Ave. MIAMI SPRINGS FL 33166 Title VP Sarrafi,Ali Reza 1040 Biscayne Blvd 2907 Miami, FL 33132 Annual Reports Report Year Filed Date 2016 01/15/2016 2017 03/09/2017 2018 04/14/2018 Document Images 04/1412016—ANNUAL REPORT View image in PDF lomat 03/09/2017—ANNUAL REPORT View image in PDF format 03/23/2016--Amendment View image in PDF format 01/15/2016—ANNUAL REPORT View image in PDF format 02/22/2015 ANNUAL REPORT View Image in PDF format 09/30/2014—AMENDED ANNUAL REPORT View image in POE formal 01,10/2014—ANNUAL REPORT View image in PDF formal - 04/1712013—AMENDED ANNUAL REPORT View image in POE formal 01/28/2013—ANNUAL REPORT View image in PDF format 11/06/2012—Amendment View image in PDF format 02/02/2012 ANNUAL REPORT View image in PDF format 94/22/2011—ANNUAL REPORT View image in PDF format 0401/2010—ANNUAL REPORT View image in PDF formal OL0/2009--Req.Anent Change View image in PDF formal 02/17/2009—ANNUAL REPORT View image in PDF format 03/2812008—Amendment View image in PDF format 92/0T/2008—ANNUAL REPORT View image in PDF format 01/12/2007—ANNUAL REPORT View image in PDF formal 04128/2006—ANNUAL REPORT View image in POE formal 02/08/2005—Dom'sllc Profit View image in POE formal http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?incl... 9/12/2018 APPENDIX A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender Form: Non-Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6: Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information Failure to submit the attached ITB Price Form shall render proposal non-responsive, and said non-responsive proposal shall not be considered by the Cit . BID NO:2018-294-Z0 CITVOF MIAMI BEACH 51 AIA Document A310 — 2010 Bid Bond CONTRACTOR: SURETY: The Cincinnati Insurance Company Stone Concept Miami, Inc. 6200 S.Gilmore Road 1239 Robin Ave. Fairfield, OH 45014-5141 Miami Springs, FL 33166 OWNER: City of Miami Beach 1755 Meridian Avenue Miami Beach, FL 33139 B OND AMOUNT: Five Percent of Amount Bid; 5%of Amount Bid PROJECT: Miami City Ballet Exterior Doors and Windows Replacement ITB No.:2018-294-ZD The Contractor and Say we band to the Owner n the amount set forth above,for the payment ofwhich the Contractor and Surety bird t scams,their heirs,execute°,administrators,successors and assigns,Meth,and severally,as provided herein. The co dttbm of this Bond we such gut If the Over accepts the led of the Comada within the time specified In the bid doaaruds,orw*Nosuch lime period as may be agreed to by Me Owner and Contractor.and the Contractoreita(1)inters into •earn a the Oar In accordance with the terms of midi Old,and gives such bond or bonds as may be speclmd in the bdargaContract Documents,with a surety admitted In the jwladldon of the Project and WrMeeacceptable to the Oar,for thefaIhbi performance of such Contract and far the prompt psylT*d 04 labor and material furnished India proescllonthereof:or Cl)pays tothe Owner the difference,not to exceed the amount old°Band,betwem the nisei Macifillidln said bid and aunt Ismer ananlfor wHrh the Owner may Ingood falth contract with another pady to perform the wodi covered by said X lien bit obligation al t be nW and void,Malmo to remain In lip force and act, The Say herebywayes in nag dnagreanent between the Ormerand Contractor10 extend the ane In which the Owner may accept the dd.Waiver of note by the Sixty ihfl not apply to any°tension exceeding sixty(60)days In the aggregate beyond the time for acceptance of ads speeded In the bid documents,and the Owner and Contractor sal obtain the Surety's consent Ice an extension beyond abdy(eO)deym. Nada Bond Is issued In connection with a subcontractor's bid to a Contractor,the term Contracts in thle Bond shall be deemed to be Submpract r and the bnnOvner shell be deemed to be Caldor. Win Ws Bond has bort furnished to comply with a statutory or other legal requirement In the location of the Project,any provision in bile Bad mdlcdng wit said statutory a legal requirement snag be deemed deleted herebom end provlelne aMammnpto SOCh aaaxay or other legs retirement due be damned ncorpersted herein.When so furnished,Oi Intent leMet this Bond stud be construed es a shibdory bpd end not as a common tow bond. Signed and sealed this Jajjb,day of July , 2018 WlnessalYC ' � % Stone Cance • mi, In ', lhii`imeWYl BY: The Ci mnati I urenceCom pony/ e / Warren M.Alter,Attorney-In-Fad rid. document coat or= to AIA Document A310 - 2010 BID BOND. TDB AMERICAN INSTITtrrE OF ARMS/BM, 1733 NY AVB Mr, ID.SBINlTON, DC 20006. THE CINCINNATI INSURANCE CODIP.ANy Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY,a corporation organized under the laws of the State of Ohio,and having its principal office in the City of Fairfield,Ohio,does hereby constitute and appoint Jonathan A.Bursevich,David T.Saline.Warren M.Alter, of Miami Lakes,FL its true and lawful Attorney(s)-in-Fact to sip,execute,seal and deliver on its behalf as Surety,and as its act and deed,any and all bonds,policies,undertakings.or other like instruments,as follows: Twenty Million Dollars and 00/100 (820.000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958,which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertakings. or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7n day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and waled and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company" IN WITNESS WHEREOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal. duly attested by its Vice President this I M day of May.2012. fat THE CINCINNATI INSURANCE COMPANY Z SEAL STATE OF OHIO Vice�' ` ss: COUNTY OF BUTLER ) On this it day of May,2012.before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein,and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. • + i OMARK J.Hf1LL .Anatomy Law NOT�Td Of OrW co amwlm Ms no apindon a Secoon 147.03 OAC. I.the undesired Screwy or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY.hereby certify that the above is a tna and torrent copy of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in Rd] Lmee mad effect GIVEN under my hand and seal of said Company at Fairfield.Ohio. the 13th day of July, 2018 Mfr / � de 1111111001.01. Assistant Secretary i SEAL BN-1005(5/12) MIAMI BEACH Procurement Department, 1755 Meridian Avenue, 3 Floor, Miami Beach, Florida 33133, www.miarmbeachg.gov, 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT July 3,2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, July 13, 2018, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3`d Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. A FORTHCOMING ADDENDUM WILL BE RELEASED WITH RESPONSES TO QUESTIONS RECEIVED. 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@miamibeachfl.Qov Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidsonc miamibeachfl,govJ Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders' questionnaire with the reason(s)for not submitting a proposal. Sin rely, / e s "...!--Az 71.....-• . Procurement Director 1 ADDENDUM NO.1 INVITATION TO BID(ITS)NO.2918-290-2D MAAMI CI eV BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT MIAMI BEACH Procurement Depamnent, 1755 Mardian Avenue, 3d Floor, Miami Beach, Florida 33139, wwx.miamibeach0.gov, 305-673-7490 ADDENDUM NO. 2 INVITATION TO BID NO.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT July 12,2018 This Addendum to the above-referenced ITB is issued in response to questions from prospective • bidders, or other clarifications and revisions issued by the City. The ITS is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). No further questions will be considered, and no further extensions will be made. I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday. July 20, 2018, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. II. ATTACHMENT(S): 1. Exhibit A- Pre-Bid Sign-In Sheet 2. Exhibit B- Notification/Access Report 3. Exhibit C-Stucco Repair Detail III. RESPONSES TO QUESTIONS RECEIVED: Q1. Can you provide a copy of the pre-bid sign-in sheet? Al. Refer to Exhibit A. Q2. On page 3, Project Completion Timeframe is listed as 90 calendar days for Substantial Completion. The window manufacturer that is listed in the bid documents is currently quoting a lead time to supply the windows at 8-10 weeks. Is the City ordering the windows ahead of the Notice to Proceed, and if not, is the lead time to receive materials from the manufacturer added to the 90 day substantial completion requirement? A2. The Awarded Contractor will be responsible for ordering all windows and doors. The 90 day Project Schedule (to Substantial Completion) will commence upon product delivery to the Awarded Contractor. Product lead times shall not be unreasonably extended upon release of approved shop drawing submittals to the awarded Contractor. 1 ADDENDUM NO.2 INVITATION TO BID(ITS)NO.2018.294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Q3. Also in regard to substantial completion, is the time to obtain permitting, the time to receive approval to order materials from the Consultant and any planning days leading up until the windows are authorized for order to be added to the 90 day substantial completion time? A3. Refer to response A2 above. Q4. On page 130, which includes the window and door schedules, not all listed window and door line items include unit quantities. Does the City have a complete list of unit totals available for the bid? A4. Please reference table below for unit quantities. Unit counts must be confirmed by each Contractor via a field visit per notes within the plans provided in the ITB. Change Orders will not be accepted for units not included in Contractors' bids. UNIT TYPE NO. OF PANELS REMARKS 101 D 65 Unit shown is a complete 102 H 1 assembly. Panels need to be sized as shown in sheet A6.0 l 206 I 16 207 G 15 Unit shown is a complete 208 J 1 assembly. Panels need to be sized as shown in sheet A6.0 Q5. Additionally, the bid introduction references water damage as a result of failed windows on floors 2 and 3. There appears to be no description in the bid documents as to the damage incurred or a request for pricing of such. Does the City expect the bid price to include damage repairs at window and door openings throughout the building, or is this considered discoverable to be added by change order? A5. Please note that the Invitation to Bid calls for the replacement of all exterior windows and doors, per the Contract Documents by BCC Engineering dated May 17, 2018. The basic scope of work (SOW), calls for the replacement of all exterior windows and doors as well as any remedial drywall (interior) and stucco patchwork (exterior) as needed around all openings. Change orders will not be accepted for such repairs. Q6. Termination for Convenience. The windows and doors as listed are considered custom by the manufacturer. In the event the City terminates for convenience, does the City intend to pay for all material orders that have been placed? A6. Please refer to Section 0500. General Terms and Conditions, Subsection 16. Termination of the ITB. 2 ADDENDUM NO.2 INVITATION TO BID(ITB)NO.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Q7. At the pre-bid meeting listed in the bid documents, was there a sign in sheet and can a copy be provided ahead of the bid opening? , A7. Refer to response Al above. • Q8. At the pre-bid meeting, were any decisions made that are material to this bid and will they be added as addendum? A8. Any questions raised or clarifications requested are included in this •• addendum. Q9. Will the City provide a location to place a dumpster for trash and debris at the job site? A9. Contractor to accommodate dumpster container on site wherever reasonable. Proposed location to be approved by City's Facilities Capital Projects Coordinator prior to delivery. Q10. Scope of Work in the Architectural documents states "repair stucco and drywall". What is the limit of the repair? Typically repair is for the 1-2" around the immediate window and door opening as damaged by the removal of the window or door. Can this be defined specifically to provide a limit of work for purpose of pricing?Also, is painting excluded? A10. Please reference attached stucco repair detail from BCC Engineering, Inc. (Exhibit C). The extent of the areas to be repaired will vary by opening. Generally, both exterior and interior surfaces shall be repaired to an extent, whereas, after painting, there would be no observable evidence that any repair took place.Also, see response to Q5 above. Q11. Also in the Architectural documents, it states "NOTE: It is the responsibility of the Contractor and Window Manufacturer to field verify all existing openings to prepare signed • and sealed storefront drawings by a Florida Licensed Engineer for Design Team to review prior to fabrication." Does this planning and approval portion occur after notice to proceed and is it included in the 90 day substantial completion? Al1. Refer to response A2 above. Q12. Please provide process number to request permit fees. Al2. The permit number associated with the Contract Documents is BC1806842. 013. Window Schedule is missing counts for windows D, G, H, I & J. Could you please provide them? A13. Refer to response A4 above. 014. Could you please provide the list for plan holders? A14. Refer to Exhibit B of this addendum. 3 ADDENDUM NO.2 INVITATION TO BID(ITB)NO.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Q15. It states that: Bidder must submit this ITB price form fully completed, including sections 1 and 2, as part of the bid response. Failure to do so shall deem the bidder nonresponsive. There is no Section 1. A15. Bidder shall submit the ITB Price Form, Attachment A-1, Section A (Bidders Price) and Section 2 (Bidders Affirmations) fully completed and executed. Failure to do so shall deem the bidder nonresponsive. Q16. Can you please clarify the wages requirements? A16. There are no wage requirements. Q17. Who will be responsible for removal and replacement of all fixtures, furniture and obstructions ahead of the installation and for replacing these after installation of the new windows? All. Contractor. 018. How shall the sills for the replacement windows be fabricated? , A18. Sills shall be fabricated from solid 1/I' birch plywood with birch nosing, finished with a clear coat of polyurethane sealer to match existing sills. 1 Q19. What is the prerequisite to obtaining the Building permit? A19. The awarded contractor shall be responsible for filing a completed Construction Parking and Traffic Management Plan with the City's Building Department. • Q20. Is there a bid bond document form for the Miami City Ballet project? A20. No. An AIA document may be provided. 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(dimiamibeachfl.00v Contact: Telephone: Email: Zuleika Davidson 305-673-7000 ext. 6943 zuleikadavidson(rDmiamibeachfl.00v Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and ir r turn the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. cera ,t • ex D nis oc ment Director I 4 ADDENDUM NO.2 INVITATION TO BID(ITB)NO.2018-2942D MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT A-1 City of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-inclusive total cost foe the w01 specified in this bid,consisting of furnishing all materials.labor,equipment. shoring,supervision,moblliaation,demobili,ation,overhead and profit,insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents_A y or all alternates,if applicable,may be selected at the Gets sole discretion and based on Funding availability. BIDDER MUST SUBMIT THIS ITB PRICE FORM FULLY COMPLETED, INCLUDING SECTIONS 1 AND 2, AS PART OF THE BID RESPONSE. FAILURE TO DO 50 SHALL DEEM THE BIDDER NONRESPONSIVE. in the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bot and the written total base bid,the written total base bid shall govern.In absence et totals submitted for any division cost,the City shall interpret as no bid foe the divisaon,which may disqualify bidder. SECTION A—BIDDERS PRICE PROJECT TITLE:ITB NO.2018-294-ZD MIAMI CITY BALLET EXTERIOR DOORS AND WINDOWS REPLACEMENT Cost 'Lump Sum Grand Total (Total Base Bid) $ I \3'G) ` `o IC p `PROJECT SHALL BE AWARDED TO THE LOWEST. RESPONSIVE. RESPONSIBLE BIDDER OFFERING THE LOWEST LUMP SUM GRAND TOTAL(TOTAL BASE BID) Section 2-Bidder's Affirmation: Company: .-1rC71\er� Conceal.. %tCafYlt �1e Address Line 1: fl 3q panic) caw? Address Line 2: vk Svc t Sc.t. 3%166 Telephone: --18b- Email: _Ctl- -SCQlLQfr1E rnm Signature: Title/Printed Name: ACt c A /`4__ f(at� FAILURE TO SUBMIT THIS FORM FULLY EXECUTED AND BID BOND (IF APPLICABLE) WITH BID SUBMITTAL SHALL RESULT IN BEING DEEMED NONRESPONSIVE. Balance of Page Intentionally Left Blank BID NO: 2018-294-ZD CITYOF MIAMI BEACH 52 A-2 !' City of Miami Reach. Florida 1700 Convention Center Drive Miami Beach. Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done: that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed: and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery. tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2018-294-ZD Miami City Ballet Exterior Doors and Windows Replacement The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid, the written total base bid shall govern. In absence of totals submitted for any division cost. the City shall interpret as no bid for the division, which may disqualify bidder. BID NO: 2018-294-ZD CITYOF MIAMI BEACH 53 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: Amendment 1 Amendment 6 Amendment 2 al `4 Amendment 7 Amendment 3 — - -- Amendment8 Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond x, Cash E. Money Order Li, Unconditional Letter of Credit S. Treasurer's Check Bank Draft 11 Cashier's Check E. or. Certified Check S= No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: to s ' a - • ti Address Line 1: jaaa gr,h;n pxQ Address Line 2: _Mtatra__ Spcixsa R 3314x_ Telephone Number: 1 Aro E-mail Address: p\k@ SCcYLnr»� o.(Yl Social Security Number: OR Federal I.D. Number: '2_0-93(--10C115 Dun & Bradstreet No.: If a partnership, names and addresses of partners: N/p (Sign below if not incorporated) WITNESSES: (Type or Print Name • :odder) (Signature) (Type or Print Name Signed Above) BIO NO: 018.294-20 CITYOF MIAMI BEACH 54 . . . , . A-2 (Sign below if incorporated) c--)\-ore Cance Mtami -tin c_ ATTEST: (Type or Print Name 0 Corporation) OC—Se a , \) (Signature and it e) (CORPORATE SEAL) I-M Sal rrA-ck. (Type or Print Name Signed Above) Incorporated under the laws of the State of: T� BID NO: 2018294-ZD CITYOF MIAMI BEACH 55 A-3 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN TWO (2) BUSINESS DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has been in possession of these licenses., certifications, and/or registrations. Licensee rtification#/Registration# #Years CC1C1).046 AD_ 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. l 3. What business are you in? (?e nett-ca Cons^--cucclon 4. Please indicate the last project of similar scope and volume that your organization has completed�" and its completion date. 4tLnA cx\1e lynn �Ves\- 5. Have ou ever failed to complete any work`awarded to you? If so. where and why? 6 List owner names. addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project. whether or not a claiim,was made. Atcfr,tk �P c� crick()egg.- 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. Nemde_ ,Aeon '!ice L ecs4- SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contacts Email and 6) Narrative on Scope of Services Provided. BID NO: 2618-264-ZD CITYOF MIAMI BEACH ...I ,. 56 A-3 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture. list the information for all co-venturers): a. Name of Project b Owner and Point of Contact (Minimum of Phone Number& E-mail Address) c. Original Contract Value d Current Contract Value e Projected Date of Completion per Contract I. Percent (%) Completion to Date of Bid Submittal 9 Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? %Yes No 10 State the true. exact. correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation. state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name. state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: O. 11 B. The business is a: Sole Proprietorship 1 Partnership )(Corporation C. The address of principal place of business is: kf-)5C1 9.0b►'n Clive Min' \6e D. The names of the corporate officers, or partners. or individuals doing business under a trade name, are as follows: - -A% SGrra4- Nip r- i BID NO:2018-294-ZD CITYOF MIAMI BEACH 57 A-3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder. its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. WI the G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include `claims against the bond of the Bidder and its predecessor organization(s). H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names: case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute: and the final outcome of the claim. Pr I. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. ►3m BID NO:2018-294-ZD CITYOF MIAMI BEACH 58 A-3 J. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes. please provide details. talk K. Under what conditions does the Bidder request Change Orders? NI fl L. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest and the percentage of ownership. The term "controlling financial interest' shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term `firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Qvb;U*ie upon requ.145}' NI. individuals or entities (including our sub-consultants) with a controlling financial interest: have ?[ have not contributed to the campaign either directly or indirectly, of a candida a who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. N. Has the Corporation. Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? lilies (Jo O. Are any indictments, debarments. disqualifications, or suspensions referenced on the previous page current? =Yes No If the answer to either number N or 0 is yes, attach a written detailed explanation. BID NO:2018-294-20 CITYOF MIAMI BEACH A-3 P. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? -Yes $too Q. 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. R. 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. S. 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. BID NO:2018-294-ZD CITYOF MIAMI BEACH 60 A-3 CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP. Signature N int Name of Firm Print Name Address Title: CONTINUED ON FOLLOWING PAGE IF CORPORATION: Signature SVone Col-1000i- µiami -Lt^1C g Print Name of Corpotation nn (' Print Name Address Title: uP WITNESS: Signature \ k00 A Crifrac,. Print Name Title: PCeS\ k- -�I,...... '. (CORPORATE SEAL) Attest. - / Secretary Q e BID NO:2018-294-ZD CITYOF MIAMI BEACH 61 A-4 SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this 1 day of tAl 201B The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein: that no other person has any interest in this Bid or in the Contract to which this Bid pertains: that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach Florida for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2018-294-ZD. SIGNATURE <=��/` �' SA1ract PRINTED NAME Ni TITLE (IF CORPORATION) BID NO:2018-294-ZD CITYOF MIAMI BEACH 62 SUPPLEMENT TO BID/TENDER FORM: A-5 DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution. dispensing. possession, or use of a controlled substance is prohibited in the offerors workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1). that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: CO Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1)through (6). BID NO:2018294-ZD CITYOF MIAMI BEACH 63 SUPPLEMENT TO BIDITENDER FORM: A-5 DRUG FREE WORKPLACE CERTIFICATION (Bidder Signature) r nen LSC STATE OF F-U (Print Vendorr NaName) COUNTY OF gyn - ¶ . The foregoing instrument was,ackngwledged horore me this k\ day of 3C .1\.A 20\4) . by 1 t(a as (name of person whose signature is ¢eing notarized) \ip (title) of 1rQ C�mr- 1.Mnrp1 -QAC (name of corpora /company) known to me to be - person described herein, or who produced prsapal(y as identification, and whe ftaid not take an oath. KnOdun NOTARY PUBLIC. (Sign re) ?QY'.•o,,MlssrDtiP` Roy:n -co:0 R59.m (Print Name) *'� pq�s `:m S uayaiox ,¢c: ��rhru Aa<ACco'4"•d My commission expires:i 4 j ?&20 ""�;ic,�ae•`O, BID NO:2018-294-ZD CITYOF MIAMI BEACH 84 A-6 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach. who are awarded a contract pursuant to competitive bids. to provide "Equal Benefits" to their employees with Domestic Partners. as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-XXX of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner' shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's. RFQ's, RFLPs, etc.), • Contracts valued at over$100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractors employees located in the United States, but outside of the City limits. only if those employees are directly performing work on the City contract (covered by the Ordinance). BID NO:2018-294-ZD CITYOF MIAMI BEACH 65 A-6 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees, • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated. supervised or controlled by or in conjunction with a religious organization, association or society: • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property, • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP. and Surtax funds administered by the City's Office of Community Development: • Cultural Arts Council grants; • Contracts for professional NE, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act` • Contracts for the procurement of life, health. accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received. but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; BID NO: 2016-294-ZD CITYOF MIAMI BEACH 66 A-6 1 • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance; • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract • Termination of the contract; • Monies due under the contract may be retained by the City until compliance is achieved: • Debarment of contractors from City work. as prescribed by the City Code. Balance of Page Intentionally Left Blank BID NO:2018-294-ZD CITYOF MIAMI BEACH 67 A-6 MIAMIBEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Narne of Company ` C_1J K Conc.,Q^;-- -'C m Tac- Name of CompanyContactPerson: 1}\\ E3ArcGi-t Phone Numberlr�p-'j/-- Fax Number E-mail: atyyt n vy t cool Vendor Number(d known) Federal ID or Social Security Number 'C-.7A" %5 Approximate Number of Employees in the U S. (If 50 or less,skip to Section 4,date and sign) J Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union narne(sl — — Section 2.Compliance Questions Question 1.Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees. applicants for employment, employees of the City or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a 'YES' answer means your company agrees it will not discriminate; a "NO' answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category Race _Yes_No Sex _Yes_No Color _Yes_No Sexual Orientation _Yes_No Creed _Yes_No Gender Identity(transgender status) _Yes_No Religion _Yes_No Domestic partner status _Yes_No National origin _Yes_No ' Marital status _Yes_No Ancestry _Yes_No Disability _Yes_No Age _Yes_No AIDS/HIV status _Yes_No Height _YesNo Weight- 9 _Yes_No B. Does your company agree to insert a similar nondiscnminat on provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question.even if you do not intend to enter into any subcontracts _Yes_No BID NO: 2018-294-ZD CITYOF MIAMI BEACH 68 A-6 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100.000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks. the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids. to provide -Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida: and the Contractor's employees located in the United States. but outside of the City of Miami Beach limits. who are directly performing work on the contract within the City of Miami Beach. A Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? , YES I 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? � J YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT' Firm Provides Firm Provides Firm does not for Employees for Employees Provide Benefit with Spouses I with Domestic 1— Health Partners Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control. (eg., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at. www.miamibeachfl.gov/procurementl BID NO: 2018-294-ZD CITYOF MIAMI BEACH 69p. A-6 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C Without proper documentationyour company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programssubmit a copy of your company's employee handbookif documentation for a particular benefit does not exist. attach an explanation. Have you submitted supporting documentation for each benefit offered _Yes No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this \\ day of 'fU�1 in the year 1P3 ,at 77 '230t 1)2nbhn ave Signature Mailing �CJ/�,� Mailing Address �j r,,( Name of Signatory 111�� C“ity,Sarnitate, p Co tt ` 33'66 Title v 9 BID NO: 2018-294-ZD CITYOF MIAMI BEACH 70 A-6 MIAMIBEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Department ONLY IF you. A. Have taken all reasonable measures to end discrimination in benefits'; 8. Are unable to do so'; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available You must submit the following information with this form. 9 The names. contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscrimihatory benefits; 10 The dates on which such benefits providers were contacted; 11 Copies of any written response(s)you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 12 Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including. but not limited to. reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct,and that I am authorized to bind this entity contractually. Senn Concept- Msamt Eric 12'c1 Z*c< cave Name of Company (ple a print) Mailing Address of Company Mrnm� SPrcrc�5 F� 33k66 Signature City,State,Zip t 5Qfr0ct _ —186— 31-3428 Name of Signatory(please print) Telephone Numbera i k ` ,El Title Date / BID NO:2018-294-Z0 CITYOF MIAMI BEACH 71 A-6 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing. by the City Contractor, and written documentation from these providers that they will not provide equal benefits 2. The existence of benefits providers willing to offer equal benefits to the City Contractor, and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. Cash Equivalent 'Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent The cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care far a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 2018-294-ZD CITYOF MIAMI BEACH 72 A-6 MIAMIBEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form. and supporting documentation, must be submitted to the Procurement Department by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins. provided that the City Contractor submits to the Procurement Department evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into. and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available. (Pr Reason for Delay N/ N- Description of efforts being undertaken to end discrimination in benefits: ►J ftp. BID NO: 2019394-ZD CITYOF MIAMI BEACH 73 A-6 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited tosuch actions as computer systems modifications, personnel policy revisions. and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: / ^H C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s): 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements', and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement, • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above): and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO:2018-294-ZO CITYOF MIAMI BEACH A-6 I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. S -Cn2 Mrimt ICC "V4 Qo1 c0 lave Name of Company (pi ase print) Mailing Address of Company 7)fzeirj Mi�am� �pr,nr�5 Sl 33166 Signe ure ((�� City,State,Zip (aC I 1 Qfh- 331- Wi Nameof Signatory(please print) Telephone Number ` Title tp Date cri1w6 SID NO:2018-294-ZD CITYOF MIAMI BEACH 75 A-7 SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181. known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards. citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder. by virtue of the signature below, affirms that the Bidder is aware of this Act. and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards, BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT, THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended '-thod Total $ SI-noe Gnc?F- M;nm� tnc- Name offf Bidder Authorized Signature of Bidde BID NO:2018-294-ZD CITYOF MIAMI BEACH 76 A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 eCost for compliance to all Federal and State requirements of the Trench Safety Act* • [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive.] BID NO:2018-294-ZD CITYOF MIAMI BEACH 77 A-8 RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper. plastic, glass. metal. etc.): and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. kin.tkakke tAfon ites+ - i • BID NO: 2078294-ZD CITYOF MIAMI BEACH 78 m < .. � . m � meem8 ^ 422 - 2 „ 22824222 , m aF .1 .:1 a ,. > zm i Yz £ Z` 5. .. . o a C a . . ocx .: 12 M2 iE dS [ $ a iv ' .: ema a EL II u° ' 3 � 3 " _ ' 4'.. i� r3pE EN °tv7, tt yy $ "1 .-5 : Ewat „ 11211 . ~ o F a _ e E E 5 _ ye _ _ ca _ a. Jo o 2E � E ` oL ` ▪ � 6 - E9 ` E ,. .“Jr -9. ` 33 gfioE 3 ! fl Ua3 : @m gi ;' ” a▪ @2i1 T. 1 a 'E.' 7 = t ° 4- 2 ,Y21 %. % , _ I 4 4 48 $ 2 r ▪ o m iPP m ° 1r:E222 T " -' v :2m m i [irSv $ G $ ter � w A5M, § 2w 1 ;:P41a12222 € N E Wa 2 gtttt , L f __ - F _v' f ti ! Mlit Ntt it NtttI , ifi mmt .. mt ao E E P• F a v 1032 11 iF3o O ; ` ' h1 :11 -.14310 = oy _ W mFm ` _ 3 z3r a° YG zP - - - ao - mmmmn ` ammmnw'n'm`;aia 22222 ATTACHMENT D INSURANCE REQUIREMENTS Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6.2. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against City whether performed by Contractor , or persons employed or utilized by Contractor. 8. Insurance Requirements: 8.1 The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue, 3id Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: • BID NO:2018-294-ZD CITYOF MIAMI BEACH BEACH 20 A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $2,000,000 combined single limit per occurrence, for bodily injury and property damage. a Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall be named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Umbrella Liability with limits no less than $10,000,000. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 8.2 Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 8.3 Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Other Insurance Provisions 1. For any claims related to this project, the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. 2. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. 3. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. BID NO:2018-294-ZD CITYOF MIAMI BEACH - 1 1 BEACH 21 If any coverage required is written on a claims-made form: 4. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 5. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 6. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase extended period coverage for a minimum of five (5) years after completion of the contract work. 7. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management (or its designee)for review. 8. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of"Pollution" shall include microbial matter including mold. 8.4 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. 8.5 Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8.6 Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder: CITY OF MIAMI BEACH do PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the BID NO: 2018-294-2D CITYOF MIAMI BEACH 22 BEACH