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Contract with Cross Environmental Services, Inc. CITY CLERK OFFICE: RAFAEL GRANADO or LILIA CARDILLO DATE: 07/26/2019 FROM : JORGE GUEIMUNDE DEPARTMENT: PROCUREMENT EXTENSION : 7490 CONTRACT: RFP-2018-183-KB for Citywide Demolition Services Cross Environmental Services Inc. RESOLUTION: 2018-30620 COMMISSION DATE: 12/12/2018 ITEM NUMBER: C7-C MASTER CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal corporation of the State of Florida ("City"), and Cross Environmental Services, Inc. ("Contractor") for demolition services pursuant to RFQ 2018-183-KB (the "Agreement"). W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the Work described in Exhibit A and the Contract Documents, and any Contractor Service Order issued to Contractor for any Project awarded hereunder. PROJECTS WITH A VALUE EXCEEDING $300,000 MAY NOT BE AWARDED UNDER THE AGREEMENT. ARTICLE 2 CONTRACT TIME 2.1 This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk. The City Manager may renew the Agreement for two (2) additional renewal periods of one (1)year each. ARTICLE 3 ASSIGNMENT OF WORK, COMPENSATION AND BONDS 3.1 COMPENSATION. In consideration of the Work to be provided hereunder, Contractor shall be compensated on a Lump Sum basis, as specified in the Contractor Service Order. 3.2 ASSIGNMENT OF WORK. An executed Contractor Service.Order (CSO) (Exhibit B) is required for every project assigned under the Agreement. The executed CSO shall be considered Notice to Proceed #1 (NTP) upon which the Contractor shall, within 10 days of the CSO being executed by all parties, provide to the City the required proof of insurance, performance and payment bond (if applicable), proof of required permits, and all technical specifications, submittal schedules (if applicable) and schedule of values. Contractor shall have no entitlement to perform (or be compensated for) any Work under this Agreement unless the Work is authorized, at the City's sole discretion, by a Contractor Service Order. Following the receipt of all NTP#1 submittals, the requesting department may issue NTP #2 (Exhibit F), which shall authorize the Contractor to begin the Work. NTP #2 is a condition precedent to mobilization on any Project site and commencement with the Work. 1 The Contractor shall perform the work as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the CSO. 3.3 PERFORMANCE AND PAYMENT BOND The City will require a performance and payment bond for any project in excess of $200,000.Within ten (10)calendar days of City execution of the Contractor Service Order, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 3.3.1 Each Bond shall be in the amount of one hundred percent(100%)of the Contractor Service Order, guaranteeing to City the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. The City may accept a Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time.The Certificate and Affidavit so certifying (Form 00722)should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 3.3.2 Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. , 3.3.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statute's, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 3.4 QUALIFICATION OF SURETY Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 3.4.1. 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. 3.4.2. 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, 2 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. 3.4.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 • B+ Class II 2,000,001 to 5,000,000 A - Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 3.4.4 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. 3.4.5 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. ARTICLE 4 MISCELLANEOUS 4.1 A. The term "Contract Documents" as referenced herein shall include "Contract Documents" shall mean this Contract (together with all exhibits, addenda, Contractor Service Orders and written amendments issued thereto). The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto),the Request for Qualifications(RFQ), instructions to bidders, 3 bid form, bid bond, surety payment bond and performance bond, Special Conditions, and Contractor's response to the RFQ. The requirements of the Contract Documents, as such term is defined herein, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents. Accordingly, all of the documents incorporated by the Contract Documents shall govern any Contractor Service Order issued under this Contract. B. The term "Work" as used herein shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total demolition Project specified in any Contractor Service Order, together with all additional, collateral and incidental items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents. 4.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent provision elsewhere in the Contract Documents or under any applicable law, regulation, statute or code requirement which is applicable to this Project, the more stringent provision shall prevail and govern the performance of the Work. 4.3 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. 4.4 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. 4.5 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. 4 4.6 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: Building Department 1700 Convention Center 2nd Floor Miami Beach, Florida 33139 Attn: Ana M. Salqueiro, Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Cross Environmental Services, Inc. P.O. Box 1299/39646 Fig Avenue Crystal Springs, FL 33524 Attn: John Tostanoski, SVP Phone: 954-583-9528 Email: jtcrossenv.com 4.7 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 ail 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 ina skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 5 4.8 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. 4.9 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. 4.10 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. 4.11 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. 4.12 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. 4.13- Indemnification Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or 6 intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. J In consideration of the sum of Twenty-Five Dollars ($25.00) and other good and valuable consideration, the sufficiency of which the Contractor hereby acknowledges, to the fullest extent permitted by law, Contractor shall defend, indemnify and save harmless City, and their respective officers 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 Contract. Sums otherwise due to Contractor under this Contract may be retained by City until all of City's Claims for indemnification under this Contract have been settled or otherwise resolved. Any amount withheld pursuant to this Article shall not be subject to payment of interest by City. The execution of this Contract by Contractor shall operate as an express acknowledgment that the indemnification obligation is part of the bid documents and/or Contract Documents for the Project and the monetary limitation\on indemnification in this Article bears a reasonable commercial relationship to the Contract. Nothing in this Article is intended, or should be construed, to negate, abridge or otherwise reduce the other rights and obligations of indemnity that may otherwise exist as to a party described in this Article. Nothing in this Article is intended to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract,to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this' Contract. The indemnification obligations set forth herein shall survive the termination and/or expiration of this Contract. 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. 4.14 Inspection of Work Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. ✓4.14.1 Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, 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. 4.14.2 Re-examination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and 'if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act t on the part of Contractor will constitute a breach of this Contract. 4.15 Termination Termination for Convenience. In addition to other rights the City may have at law and pursuant to the Contract Documents with respect to cancellation and termination of the Agreement, the City may, in its sole discretion, terminate for the City's convenience the performance of Work under this Agreement, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Agreement, and may be issued by the City with or without cause. 4.15.1 Upon receipt of such Notice of Termination for Convenience from the City, and except as otherwise directed by the City, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Section 4.15: i. Stop the Work specified as terminated in the Notice of Termination for Convenience; ii. Promptly notify all Subcontractors of such termination, cancel all contracts and purchase orders to the extent they relate to the Work terminated to the fullest extent possible and take such other actions as are necessary to minimize demobilization and termination costs for such cancellations; 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, 8 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). 4.15.2 Upon issuance of such Notice of Termination for Convenience,the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. Contractor shall submit, for the City's review and consideration, a final termination payment proposal with substantiating documentation, including an updated Schedule of Values, within 30 days of the effective date of termination, unless extended in writing by the City upon request. Such termination amount shall be mutually agreed upon by the City and the Contractor and absent such agreement, the City shall, no less than fifteen (15) days prior to making final payment, provide the Contractor with written notice of the amount the City intends to pay to the (Contractor. Such final payment so made to the Contractor shall be in full and final settlement for Work performed under this Agreement, except to the extent the Contractor disputes such amount in a written notice delivered to and received by the City prior to the City's tendering such final payment. 9 4.16 Termination of Agreement For Cause The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Contractor, in the event that the Contractor (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Work or any portion thereof; or (3) does not perform the Work or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Contractor shall first be granted a fifteen (15) day cure period (commencing upon receipt of the initial written notice of default from the City). The following occurances shall be deemed sufficient grounds for termination for cause: 4.16.1 Failing to make payments to Subcontractors or Suppliers for materials or labor in accordance with the respective Subcontracts and Purchase Orders; 4.16.2 Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; 4.16.3 Failing to perform the Work with sufficient manpower, workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any Work within the specified time; 4.16.4 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; 4.16.5 A custodian, trustee or receiver is appointed for the Contractor, or the Contractor becomes insolvent or bankrupt, is generally not paying its debts as they become due or makes an assignment for the benefit of creditors, or the Contractor causes or suffers an order for relief to be entered with respect to it under applicable Federal bankruptcy law or applies for or consents to the appointment of a custodian, trustee or receiver for the Contractor, or bankruptcy,.reorganization, arrangement or insolvency proceedings, or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Contractor; 4.16.6 An indictment is issued against the Contractor; • 4.16.7 Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; 4.16.8 Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Agreement; 4.16.9 Failing to comply in any material respect with any of the terms of this Agreement or the other Contract Documents. 4.16.10 Upon the issuance of a Notice of Termination for Cause, the Contractor shall: 10 i. Immediately deliver to the City all Submittals and Project-related records in their original/native electronic format(i.e. CAD,Word, Excel, etc.), any and all other unfinished documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2)the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest. The rights and remedies of the City under this Section shall apply to all defaults that fail to be cured within the applicable cure period or are cured but in an untimely manner, and the City shall not be obligated to accept such late cure. The City reserves the right, in lieu of termination as set forth herein, to withhold any payments of money which may be due or become due to the Contractor until said defaults have been remedied. In no event shall Contractor be entitled to any compensation for anticipatory profits or consequential damages as a result of the discontinuance of any portion of the Work, or termination of this Contract. In the event it is determined, for any reason, that Contractor was not in default under the provisions of this Section, then the City's notice of termination for default shall automatically be treated as a termination for convenience, and the rights and obligations of the City and Contractor shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained in Section 4.15. The Contractor shall have no further recourse of any nature against the City for any wrongful termination. 4.17 Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all'requirements. The remainder of this page is intentionally left blank. 11 J IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH / - . td5:::),--.,_1 Cit/Clerk Mayor ATTEST: CROSS ENVIR o NMENTAL SERVICES, I i INC. so; . ,....... Signature e etary 'ig aturer enior Vice President Co 11-e al Si-rU Ja me I-L. Srn i' Print NamePrint Name AFP? OVED AS TO FC :"[ &L_f r..i--e.7,E. 8: F-01-1 EXLOUT ION .1 __...7 1 KiQ‘ City Attorney Date / 12 EXHIBIT A • SCOPE OF SERVICES The work required under this contract resulting from future Invitations to Quote(ITQ) is skilled demolition services, meeting the following minimum specifications. The future work shall consist of furnishing all labor, materials, permits, licenses, supervision, and equipment required to demolish a building or building structures and appurtenant, to include debris removal/disposal, dumping/tipping fees, and final site leveling/grading and grass seeding, as required. Appurtenant structures shall include all slabs, steps, porches, walkway slabs to main structure, fences, asphalt pavement parkways and driveways (including limerock base) and the like. Demolition described, shall include wood and/or concrete roofs, frame stucco, and / or concrete block walls, reinforced concrete columns, foundations, beams, windows, doors, floors, all rough plumbing and electrical conduit, and concrete walks. Demolition and removal of structures for future projects shall also include, but shall not be limited to the following activities, as applicable: • Permits: A building demolition permit may include the following sub-permits: o Plumbing Permit o Temporary Fencing o DERM Permit o Asbestos Permit, if required • o Right of Way Permit 'o Landscape Permit • The contractor shall be responsible for contacting Utilities to retire the necessary utilities (natural gas, water, and/or electricity) prior to demolition. • Demolition and removal of structures shall include removal of the entire identified structure(s) in each subsequent Invitation to Quote (ITQ) and contents to the construction limits. • All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted in subsequent ITQs. Where walks that are designated to be removed come into contact with the sidewalk that is to remain, the contractor shall make a saw cut prior to starting removal. Care should be taken to see that sidewalks are not broken due to the demolition, and any adjacent sidewalks that are broken during the demolition shall be presumed to be due to the contractor's operations. All such designated damages shall be totally replaced by the contractor at no cost to the City and all such costs shall be borne solely by the Contractor. The City shall approve any and all repairs to its satisfaction. • Fences shall remain, unless otherwise instructed to remove. • Cap all building sewer connections at existing wye locations. Requires a Plumbing permit. 13 • Submit an asbestos and lead paint abatement report, in compliance with Federal, State, and Local Laws and Codes as required for issuance of demolition permit. • Removal of Underground Storage Tanks: Septic Tanks/Grease Traps must be thoroughly pumped out,the bottom broken, and filled in or removed from the premises. Permits and inspection are to b,e obtained as required. • Sediment Control: The Contractor shall provide temporary erosion and sediment control on each respective property prior to the start of demolition operations for each project. Sediment control shall be maintained for the full duration of each project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. • Dust Control: Dust control plan shall be submitted by the contractor at the time of permit submittal detailing methods to be used for dust'control(i.e. temporary cover, water and or wind breaks) • Grade and Backfill: Grading, backfill, sodding, and return to grade shall be performed as follows: o All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top six (6) inches of backfill shall be made with soil suitable.for growth of grass and graded to natural grade of surrounding undisturbed earth. o Final grading shall ensure adequate drainage offsite and not permit ponding of water. All filled and disturbed ground shall be smoothed for mowing. o The Contractor shall import clean fill as necessary to establish proper surface grades but the Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City's landscape Architect. • Site Vegetation: All shrubbery and trees are to remain and disruption of vegetation will only be allowed in the immediate vicinity of the demolition. • Discovery of. Hazardous Materials: In the event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City project manager. • Clean-Up: All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud and debris from vehicle transporting demolition materials to litter any streets or highways. Contractor 14 shall clean-up any such mud or debris at its sole expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and on streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction. Cleanup shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc., shall be removed and the area left in a neat and presentable condition. If at any time during performance of work by Contractor the City's representative determines that cleanup is not being accomplished, the City's representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed. The contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any other construction material is left in the water main or irrigation lines.At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of'entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water main or irrigation systems. • Storage: Storage of salvage materials for sale on the work site is prohibited. Signs advertising salvage materials shall not be placed at the work site. • Street Closures: The Contractor shall not close any street or divert any traffic without prior written approval of the City. The Contractor shall adhere to the State of Florida D.O.T.'s uniform manual on traffic control for construction and maintenance work zones It will be the sole responsibility of the contractor to make him/herself and his/her employees fully aware of these provisions, especially those applicable to the use of barricades, cones, signage, etc., to provide a safe working environment. • Public Right-of-Ways: Any use of the public right-of-way adjacent to the work site shall be consistent with the provisions established by the Florida Building Code as provisions must be made for the safe conduct of pedestrians on or near the site(s). • Project Superintendent: The contractor shall have a superintendent or a responsible foreman on the project at all times when work is in progress. • Power: All power for lighting, operation of the contractor's plant or equipment, or for any other use by the contractor, shall be provided by the contractor's sole cost and expense. • Sanitary Facilities: The contractor shall furnish, install, and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. - 15 • • Utilities: The contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by contacting the One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or excavation operations. Certain pipelines, water mains, gas lines, and other existing underground and above ground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the information made available to the City. The City does not guarantee the accuracy or completeness of such information. Service connections for gas, water, telephone services, sewers, underground electric and lines, and possibly other utilities are not shown on the plans. Any conflict with these utilities or any other utility not specified, as a pay item will be the responsibility of the contractor. The contractor will be required to relocate the utility or work around it at no cost to the City. It will be the responsibility of the contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. Any delay or extra cost to the contractor caused by utility, pipe line, or other underground structures or obstructions not shown on the plans or found in different locations than those indicated shall not constitute a claim for additional work, additional payment, or damages. The contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the undergroundor above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a result of the contractor's actions. If additional or unexpected utility conflicts occur, the contractor shall be responsible for coordinating with the affected utility company to resolve the conflict and maintain progress on the project. No time extensions will be granted for associated delays. • Safety Precautions: The contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property on all work performed under the provisions of subsequent Invitations to Quote. The contractor shall also comply with all regulatory agencies requirements for safety. The contractor shall use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades, safety screening, or other acceptable methods shall be used as needed to keep the public out of danger and to safely divert them around the project area. The contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. The contractor shall take or cause to be taken such safety and`health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. The contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, 16 arising out of and in the course of employment on work under the contract. The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. The contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. • Explosives: The use of explosives will not be permitted under the contract. • 'Final Inspection: Inspection by Department of Building Development Services for Final Inspection shall be requested by contractor within ten (10) days of completion of demolition of each separate site. Inspection to finalize demolition permit MUST be requested by Contractor upon completion of demolition and site clean-up. • Emergencies: Proposers shall be able to mobilize within 24 hours if requested by the city. The Contractor must comply with the following City's Sustainable & Resilient Procurement policy standards: (A) The firm shall employ the following hierarchy of highest and best use for handling Construction & Demolition ("C&D") debris as follows: (i) Implement reduced material usage or -reuse of materials before any recycling; (ii) Implement recycling of source-separated material before any recycling of mixed C&D debris material; (iii) Implement recycling of mixed C&D debris before all other forms of disposal. (B) The firm is prohibited from sending any C&D debris material directly to a landfill without submitting a request to and receiving approval from the Environment & Sustainability Departments.The request must demonstrate that all reuse and recycling options for the material have been evaluated and determined to not be viable for recycling or reusing. (C) The firm shall manage all C&D debris materials to meet a minimum diversion rate of 75 percent. The Environment & Sustainability Director may increase the minimum diversion rate based on the Directors assessment of infrastructure, markets and materials available to support the new rate. (D) *Construction and Demolition Debris Management Report. The firm shall be responsible to provide a Construction and Demolition Debris Management Report electronically to the Environment & Sustainability Department prior to final payment, including the following: (i) The firm and project identification information; 17 (ii) Procedures to be used for C&D debris management; (iii)A list of the materials generated from the project, their estimated weight by tons, and how the material was reused, recycled, or otherwise handled; and, (iv) The names and locations of reuse and recycling facilities or sites, and companies used to transport the material. (v) Final Diversion information reporting the weight of C&D debris material diverted for the entire construction and/or demolition project and the overall diversion rate achieved. (vi) Any assets within the facility or property to be demolished shall follow the same procedures as above. (E) The Environmental & Sustainability Department will approve the Construction.and Demolition Debris Management Report addressing items (G)(i)-(h) and notify the Building Department to authorize payment to the contractor. The remainder of this page is intentionally left blank. - I 18 EXHIBIT B CONTRACTOR SERVICE ORDER Contractor Service Order No. TO: PROJECT NAME: Project Name DATE: I , SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: Change Order to Service Order Amount: • (ALL CHANGE-ORDERS MUST BE APPROVED IN WRITING $ BY THE CITY PRIOR TO THE WORK.). : - Total From Previous Change Orders to Service Orders: $ Fee for this Service Order is Lump Sum/Not to Exceed amount $ of: Total Agreement to Date: $ City's Project Administrator Date Department Director Date Contractor Date City Manager Date . 19 EXHIBIT C GENERAL CONDITIONS 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 RFQ. 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 20 Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. 1.11 Contract Price:The original amount established in the Bid Submittal and award by the City;s may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates. 1.13 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information, and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 Materials: Materials incorporated in this Project; or used or consumed in the performance of the Work. 1.17 Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the,activities identified in the notice or as described in the Contract Documents. 1.18 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. 1.19 Program Manager: Not applicable. 1.20 Project: The construction project described in the Contract Documents, including the Work described therein. With a maximum value of$300,000.00 for general construction and $75,000.00 for electrical projects. 1.21 Project Initiation Date: The date upon which the Contract Time commences. 1.22 Resident Project Representative: Not applicable. 1.23 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. 1.24 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all 21 • required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. 1.25 Subcontractor: A person or entity having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.26 Substantial Completion: The date certified in writing by Consultant, and as fully determined by the Contract Administrator in his/her sole discretion the work, ora portion thereof, is at a level of completion in substantial compliance with the Contract Documents such that all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion and/or other authorization from the City acceptable to Contract Administrator must be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.27 Surety: The surety company or'individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.28 Work: 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. 2. Personnel Requirements: Superintendent must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least approximately five (5) years of experience in projects of similar design, scope, size and complexity. 3. Project Manual: 3.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 3.2. 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. 3.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. 22 Contractor shall not proceed when in doubt as to any dimension or'measurement, but shall seek clarification from Consultant. 3.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 4. 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. 5.. Preliminary Matters: 5.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 5.2, Contractor shall'submit to Consultant, for Consultant's review and acceptance, a project schedule. CONTRACTOR agrees to attend weekly progress meetings and provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative\for reasons why logic changes should-be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. ,_ The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (3) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. 23 5.1.1 After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 5.1.2 A preliminary schedule of Shop Drawing submissions; and 5.1.3 In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. Ex Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 5.1.4 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 5.2. 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 Applin tions for Payment, and to establish a working understanding among the parties as to the Work. 5.3. Within thirty-five (35)days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted. Within forty-five (45) days after the Project Initiation Date set forth in Notice to Proceed No. 1, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly,progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for, the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 6. INTENTIONALLY OMITTED 24 7. INTENTIONALLY OMITTED 8. INTENTIONALLY OMITTED 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 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 41. 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. 25 12.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of City and Contractor shall be submitted to Consultant in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, Consultant shall notify City and Contractor in writing of Consultant's decision within twenty-one(21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non-technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a ) statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 14. INTENTIONALLY OMITTED 26 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 exceptwith the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. 15.2. Daily, Contractor's superintendent. shall record, at a minimum, the following information in a bound log: the day; date;weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed;. materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of Consultant; regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City and Consultant. 15.3. The Contract Administrator, Contractor and Consultant shall meet'at least weekly or as determined by.the Contract Administrator, during the course of the Work to review and agree upon the-work performed to date and to establish the controlling items of work for the next two weeks. The Consultant shalr 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. INTENTIONALLY OMITTED 27 17. Contractor's Right to Stop Work or Terminate Contract: Should Consultant fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if City fails either to pay Contractor within thirty (30) days after presentation by Consultant of any sum certified by Consultant, or to notify Contractor and Consultant in writing of any objection to the Application for Payment, then Contractor may, give written notice to City and Consultant of such delay, neglect or default, specifying the same. If City or Consultant (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then Contractor may stop work or terminate this Contract and recover from City payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by City to an Application for Payment shall be submitted to Consultant in accordance with the provisions of Article 13 hereof. 18. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 19. INTENTIONALLY OMITTED 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. 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 28 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 whatever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 30. 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 30. 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 which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 29 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 nondefective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. 26.3. If, within one (1)year after the date of substantial completion or such longer period of time as may be prescribed by the terms,of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents,-any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor , after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed _•, to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to, Article 24 hereof and any claim regarding latent defects. 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons 30 for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 70% percent of the Contract Price. 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's. 29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have_the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 31 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 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: 32 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. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form,fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense 33 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 $25,000 or more shall be approved in advance by the Mayor and. City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 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 34 1 issued, City reserves the right at its sole option to either terminate the Contract as it applie's 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 39.2 and 39.3, plus a Contractor's fee for overhead and profit which is determined as provided in Section 39.4. 39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not1nclude any of the costs itemized in Section 39.3. 39.2.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which 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. 35 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 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 . 36 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 equipment wrongly supplied and making good any damage to property. 39.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 39.2. 37 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, Contractor's fee shall not exceed ten percent(10%). 39.4.2.2. For costs incurred under Section 39.2.3, Contractor's fee shall not exceed seven and one half percent(7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%); and 39.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 39.2.4 and 39.2.5, (except Section 39.2.5.3), and Section 39.3. 39.5. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 39.6. Whenever the cost of any work is to be determined pursuant to Sections 39.2 and 39.3, Contractor will submit in a form acceptable to Consultant an itemized cost breakdown together with the supporting data. 39.7. Where the quantity of any item of the Work that is covered by a unit price is , increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 39.8. Whenever` a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, Contractor shall submit an initial cost estimate acceptable to Consultant and Contract Administrator. 39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 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. 38 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 13 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 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. 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. 39 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 anytime 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, (ii) is caused by circumstances beyond the control of the Contractor or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of City or its agents. In no event shall Contractor be compensated for interim delays which do not extend the Contract Time. Contractor shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to Article 41 hereof. City and Contractor recognize and agree that the amount of Contractor's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the Contractor shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable shall be one hundred dollars ($100) per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or(ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay. 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 40 Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to City through the Contract Administrator and Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. 44. No Interest: Any monies not paid by City when claimed to be due to Contractor under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of City's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 45. Shop Drawings: 45.1. Contractor shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 45.2. Within thirty (20) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc.,fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 45.2 above, Contractor shall promptly request Shop Drawings - from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 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. 41 45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 45.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant-as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 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. 42 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit ' to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the work site and other persons who may be affected thereby; 47.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 47.2. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 47.1.2 and 47.1.3 above, caused directly or indirectly, in whole or in part, by Contractor ;any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and Consultant has issued a notice to City and Contractor that the Work is acceptable except as otherwise provided in Article 30 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 43 Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractor fails shall be paid for by Contractor. 50. Project Sign: Any requirements for a project sign shall be paid by the Contractor as specified by City Guidelines'. 51. Hurricane Precautions: • 51.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the City or Consultant has given notice of same. 51.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 51.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order `in accordance with Section 38, General Conditions. 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 52. - Cleaning Up; City's Right to Clean Up: - • ' Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. ' 44 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 obligations contained in the Contract Documents, 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. 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 periodof 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. 45 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s)shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Contractor for future bids with the City. 57. Occupational Health and Safety: • In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: a. The chemical name and the common name of the toxic substance. b. The hazards or other risks in the use of the toxic substance; including: i. The potential for fire, explosion, corrosion, and reaction; ii. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and iii. The primary routes of entry and symptoms of overexposure. c. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergepcy treatment in case of overexposure. d. The emergency procedure for spills, fire, disposal, and first aid. e. A description in lay terms of the known specific potential health risks posed by the • toxic substance intended to alert any person reading this information. f. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 58. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are 46 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. 47 MIAMIBEACH' 00710 EXHIBIT D: 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 48 00710 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 . WITNESSES: (Name of Corporation) • Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) • Telephone No.: 49 00720 EXHIBIT E: 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. "50 00720 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract - Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: 51 EXHIBIT F NOTICE TO PROCEED (NTP)#2 SAMPLE MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139,www.miamibeachfl.gov Ma,OP `'Il?f I y°°<U + 1 P`OJECT4 r0 30 -673- @no&RA SA °LE@m amibeac fl.ge [MONTH, DAY, YEAR] Sent Via E-mail and Certified Mail #XXXX XXXX XXXX XXXX XXXX First/Last(` r- Mg Nam A ddres % Ztro Cod City of Miami Beach [PROJECT NAME] Notice to Proceed # Dear[MR/MRS/MS NAME]: As required per [ARTICLE/PROVISION] of the agreement between the City of Miami Beach (City) and [FIRM NAME] (Contractor) for the [PROJECT NAME], you are hereby notified to commence with the construction work to complete this project pursuant to the terms and conditions of,the Agreement. The effective date of this Second Notice-to-Proceed for the above work is [MONTH, DAY, YEAR] The work shall be Substantially Completed within XXX calendar days (by [MONTH, DAY, YEAR]) from the effective date of-this Notice to Proceed, and ready for final payment in accordance with Article 3, within thirty (30) calendar days after the date certified by the Contract Administrator as the date of Substantial Completion. Please do not hesitate to contact me if you have any questions in this regard. Sincerely, [DEPARTMENT HEAD] cc: 52 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM RESOLUTION NO.' 2018-30620 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES ON AN AS- NEEDED BASIS; AND AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF QUALIFIED CONTRACTORS BY NEGOTIATING A CONTRACT WITH ALL OF THE PROPOSERS AS FOLLOWS; THE BG GROUP, LLC, AS THE TOP RANKED PROPOSER; CROSS ENVIRONMENTAL SERVICES, INC., AS THE SECOND RANKED PROPOSER; CHIN DIESEL, INC. AND CAMINO REAL GROUP, INC. D/B/A ALPHA WRECKING GROUP, TIED AS THE THIRD RANKED PROPOSERS; PARAGON CONSTRUCTION UNLIMITED, INC., AS THE.FIFTH RANKED PROPOSER; MIAMI WRECKING CO., AS THE SIXTH RANKED PROPOSER; AND THUNDER DEMOLITION INC., AS THE SEVENTH RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH OF THE FOREGOING PROPOSERS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on June 6, 2018, the City Commission approved to issue the City Commission approved to issue the Request for Qualifications (RFQ) No. 2018-183-KB, for Citywide Demolition Services on an as-needed basis (the"RFQ"); and WHEREAS, RFQ No. 2018-183-KB was released on June 12, 2018; and WHEREAS, a voluntary pre-proposal meeting was held on June 28, 2018; and WHEREAS, on August 30, 2018, the City received a total of seven (7) proposals; and WHEREAS, on November 6, 2018, an Evaluation Committee ("Committee") appointed by the City Manager, via Letter to Commission (LTC) No. 563-2018, convened to consider the responsive proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Committee's ranking was as follows: The BG Group, LLC, as the top ranked proposer; Cross Environmental Services, Inc., as the second ranked proposer; Chin Diesel, Inc. and Camino Real Group, Inc. d/b/a Alpha Wrecking Group, as the third ranked proposers; Paragon Construction Unlimited, Inc., as the fifth ranked proposer; Miami Wrecking Co., as the sixth ranked proposer; and Thunder Demolition Inc., as the seventh ranked proposer; and , WHEREAS, after reviewing all the submissions and the results of the evaluation process, the City Manager recommends that the Mayor and City Commission approve the Resolution authorizing the Administration to create,a pool of qualified contractors by negotiating a contract with all of the proposers. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 2018-183-KB, for Citywide Demolition Services on an as-needed basis; and authorize the Administration to establish a pool of qualified contractors by negotiating a contract with all of the proposers as follows: The BG Group, LLC, as the top ranked proposer; Cross Environmental Services, Inc., as the second ranked proposer; Chin Diesel, Inc. and Camino Real Group, Inc. d/b/a Alpha Wrecking Group, tied as the third ranked proposers; Paragon Construction Unlimited, Inc., as the fifth ranked proposer; Miami Wrecking Co., as the sixth ranked proposer; and Thunder Demolition Inc., as the seventh ranked proposer; and further authorize the Mayor and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this / day of DeC?/6er2018. an Gelber, Mayor ATTEST: A4 VI %%%%%%%%%%%%%%%%%% - B , �n Ra .el E. :nado, City C rk ;, ,.•••"" .....`,0 S -;•' : - , *=.INCORP ORATED= ,•' �/G =.mss APPROVED AS TO FORM &LANGUAGE &FOR XECUTION D 4...-:-... - ---- y13 i Date City Attorney • T:'AGENDA\2018\12 December\Procurement\RFQ 2018-183-KB Demolition Services\RFQ-2018-183-KB Demolition Services RESO.doc • Resolutions-C7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 12, 2018 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2018- 183-KB FOR DEMOLITION SERVICES. RECOMMENDATION Adopt the Resolution. • • ANALYSIS The City requires the services of contractors to perform Citytkide Demolition Services for the Building Department, primarily for those structures ordered to be demolished by the Unsafe Structures Board. For approximately four(4)years (July 29, 2014 through July 28, 2018), the City has contracted with several contractors to provide these services. The final term of these contracts expires on July 28, 2019. • In order to consider a replacement contract for these services, the City requested proposals from qualified contractors to,meet the City's demolition needs on an as-needed basis. Contractors that are deemed as qualified pursuant to the minimum requirements set forth in this Solicitation shall be placed in a pool for as-needed services.As such, the City, from time to time, will issue Invitations to Quote (ITQ) to the pool of pre-qualified demolition contractors and shall be given an opportunity to quote future projects as they present themselves. Successful Contractors shall provide all labor, materials, equipment, supplies, insurance, fuels, permits, retirement of utilities and any other items necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work for these future projects. The City retains the right to utilize the resulting contracts in a manner that serves the best interests of the City.As such, the City may decide to utilize other procurement methods for future projects when - applicable. The resulting contract shall not serve as a guarantee of future work for those contractors deemed to be prequalified pursuant to this solicitation process. RFQ PROCESS On June 6, the City Commission approved to issue the City Commission approved to issue the Request for Qualifications (RFQ) No. 2017-183-KB, for Citywide Demolition Services on an as- needed basis. On June 12, 2018, the RFQ was issued. A voluntary pre-proposal conference to provide information to the proposers submitting a response was held on June 28, 2018. RFQ responses were due and received on August 30, 2018. The City received proposals from the following seven (7)firms: Page 348 of 1751 • Camino Real Group Inc. DBAAIpha Wrecking • Chin Diesel, Inc. • Cross Environmental Services, Inc. • Miami Wrecking • Paragon Construction Unlimited • The BG Group LLC • Thunder Demolition On October 18, 2018 the City Manager appointed the Evaluation Committee via LTC # 563-2018. The Evaluation Committee convened on November 6, 2018 to consider proposals received. The committee was comprised of Adrian Avalos, Chief Building Code Compliance. Officer, Building Department, City of Miami Beach; Daniel Ceballos, Capital Project coordinator, Capital Improvement Projects Office, City of Miami Beach; and Antonio Gonzalez Operations Manager— Plan Review, Building Department, City of Miami Beach. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services, a copy of each proposal, and a presentation by each proposing firm. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated in Attachment A,in the following order: 1st—The BG Group LLC 2nd—Cross Environmental Services, Inc. 3rd—Camino Real Group Inc. DBAAIpha Wrecking 3rd—Chin Diesel, Inc. 5th—Paragon Construction Unlimited • 6th—Miami Wrecking 7th—Thunder Demolition Due to the number of responses, a summary of each top-ranked firm or the firm's proposal is available upon request. CONCLUSION After reviewing all the submissions and the results of the evaluation process, the City Manager recommends that the Mayor and City Commission approve the resolution authorizing the Administration to enter into negotiations with The BG Group LLC,as the top ranked proposer; Cross Environmental Services, Inc., as the second ranked proposer; Chin Diesel, Inc. and Camino Real Group Inc. Dba Alpha Wrecking, as the third ranked proposers; Paragon Construction Unlimited, as the fifth ranked proposer, Miami Wrecking, as the sixth ranked proposer; and Thunder Demolition, as the seventh ranked proposer; and further authorize the Mayor and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations by the Administration. • FINANCIAL INFORMATION • The cost of the related services, are subject to'funds availability approved through the City's budgeting process. Grant funding will not be utilized for this project. Legislative Tracking Building/Procurement Page 349 of 1751 ATTACHMENTS: , Description - n Attachment A Scoring and Ranking Page 350 of 1751 ti • • Request for Qualifications(RFQ)No.2018• co cmo) coAdrian Avelos ° Daniel Cevallos ° Antonio Gonzalez c Low c 183.K8 for Citywide Demolition Services e e e Aggregate co re re re Totals g Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal Tho BG Group LLC - 92 0 92 1 95 0 95 ,1 98 0 98 1 3 1 Cross Emvtronmentel Serdces.Inc., 85 0 85 3 94 0 94 '2 89 0 89 2 7 2 Camino Real Group Inc.DOA Alpha Wrecking 90 0 90 2 93 0 93 4 83 0 83 5 11 3 Chin Diad,Inc. 85 0 85 3 92 0 92 5 88 0 88 3 11 3 Paragen Construction Unlimited 65 0 65 6 94 0 94 2 75 0 75 7 15 5 MIaml Wrecking 65 0 65 �6 87 0 87 6 84 0 84 4 _ 16 6 Thunder Demolition 70 0 • 70 5 64 0 84 7 82 0- 82 6 18 7 Quantitative Points Proposer "Veteran's Points Camino Real Groupie*.ODA Alpha Wrecking 0 Chin Wesel,Inc. 0 Cross Environmental Services,Inc. 0 Miami Wrecking 0 Paragon Construction Unlimited 0 Tia BG Group LLC 0 • Thunder Demolition 0 r • • Page 351 of 1751 ATTACHMENT B SOLICITATION (RFQ) AND ADDENDUMS MIAMI BEACH City of Miami Beach,1755 Meridian Avenue,3rd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 ADDENDUM NO. 5 - i RFQ 2018-183-KB' FOR CITYWIDE DEMOLITION SERVICES August 13,2018 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. I. CLARIFICATION. Please disregard attachment for Addendum No. 4 the incorrect document was inadvertently uploaded to publicpurchase.com. II. RFP DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Monday, August 20, 2018, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor. Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. III. REVISION. Cl. Minimum Eligibility Requirements has been revised as.follows: The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have itsbid considered. 1. Proposer must possess a Miami-Dade County Demolition Contractor License ora Certified General Contractor (CGC) with Florida Department of Business and Professional Regulations. IV. ANSWERS TO QUESTIONS BY PROSPECTIVE PROPOSERS VIA EMAIL. Q1: Is a Certified General Contractor(CGC) license with the State of Florida sufficient if one does not have a Miami-Dade County Demolition Contractor License? Al: Refer to Revision III above. Q2: If we are already on the list do we still need to submit paperwork for this? 1 + ADDENDUM NO.5 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES • A2: Yes. The current contract expires July 28, 2019. The awarded contracts under this RFQ shall replace the City's current contracts for Citywide Demolition Services. Q3: Does the City intend to modify any regulations regarding the demolition of buildings as a result of the July 23 implosion incident? A3: The City is currently reviewing regulations regarding demolitions. The awarded contractor(s) shall be required to comply with all local, state, federal or any other applicable regulation that is in effect at the time a demolition project is awarded and undertaken. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(a)miamibeachfl.gov. Procurement Contact: Telephone: Email: Kristy Bade 305-673-7000, ext. 6218 kristybada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, Alex Denis -Procurement Director • 2 ADDENDUM NO.5 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES MIAMI BEACH City of Miami Beach,1755 Meridian Avenue, 3rd Floor,Miami Beach, Florida 33139,www.miamlbeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 ADDENDUM NO. 4 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES August 13, 2018 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. • I. RFP DUE DATE AND TIME. The deadline for the receipt of`bids is extended until 3:00 p.m., on Monday, August 20, 2018, at the following location: • City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow • for traffic or other delays for which the Proposer is solely responsible. II. REVISION. Cl. Minimum Eligibility Requirements has been revised as follows: The Minimum Eligibility Requirements for this solicitation are listed below. Bidder shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Proposer must possess a Miami-Dade County Demolition Contractor License ora Certified General Contractor (CGC) with Florida Department of Business and Professional Regulations. Ill. ANSWERS TO QUESTIONS BY PROSPECTIVE PROPOSERS VIA EMAIL. Q1: Is a Certified General Contractor(CGC) license with the State of Florida sufficient if one does not have a Miami-Dade County Demolition Contractor License? Al: Refer to Revision I above. Q2: If we are already on the list do we still need to submit paperwork for this? A2: Yes. The current contract expires July 28, 2019. The awarded contracts under this RFQ shall replace the City's current contracts for Citywide Demolition Services. ADDENDUM NO.4 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES � I Q3: Does the City intend to modify any regulations regarding the demolition of buildings as a • result of the July 23 implosion incident? A3: The City is currently reviewing regulations regarding demolitions. The awarded contractor(s) shall be required to comply with all local, state, federal or any other applicable regulation that is in effect at the time a demolition project is awarded and undertaken. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with. a copy to the City Clerk's Office at RafaelGranadomiamibeachfl.qov. Procurement Contact: Telephone: Email: Kristy Bada 305-673-7000, ext. 6218 kristybada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a,response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Since] • I Alex renis Pro u,- Director • • 2 ADDENDUM NO.4 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES 1 } MIAMI BEACH City of Miami Beach,1755 Meridian Avenue, 3rd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 ADDENDUM NO.3 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES August 7,2018 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. I. RFP DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, August 17, 2018, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3`c1 Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. 'f t. • - ■ • / 1 . 1 , ' , 17 TT 01 . 1 - - • 1 • 01 • 1 - r B. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado c(�miamibeachfl..aov. Procurement Contact: - Telephone: Email: Kristy Bada 305-673-7000, ext.6218 kristybada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a.proposal. Sincerely, Alex Denis Procurement Director 1 . .z 1 DD2018-183-KBND RFQ �.._..,. FOR CITYWIDE DEMOLITION SERVICES MIAMI BEACH City of Miami Beach,1755 Meridian Avenue,3rd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 , ADDENDUM NO.2 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES . f • July 31,2018 This Addendum to the above-referenced RFQ is issued in response to questions-from prospective proposers, or other clarifications and revisions issued by the City. I. RFP DUE DATE AND TIME..The deadline for the receipt of bids is extended until 3:00 p.m., on Friday, August 10, 2018, at the following location: City of Miami Beach Procurement.Department 1755 Meridian Avenue„3'd Floor Miami Beach,.Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. P. • - ■ • ► 1 • . 1 1 . 1111 Si . \ - ' 61 • • 1 • 1 - V .. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado miamibeachfl.gov. Procurement Contact: Telephone: Email: Kristy Bada 305-673-7000,ext.6218 kristybada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the REQ are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincerely, ilk Alex Denis Procurement Director i 1 ADDENDUM NO.2 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES M IAM.I B EACH City of Miami Beach,1755,Meridian Avenue,3rd Floor,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 ADDENDUM NO. 1 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES July 24,2018 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. I. RFP DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m.,on Friday,August 3, 2018, at the following location: City of Miami Beach Procurement Department f 1755 Meridian Avenue, 3rd Floor Miami Beach,, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. . E Any questions regarding this Addendum should be submitted in writing tothe Procurement Department to,the_ attention of the individual named below,with a copy to the City Clerk's Office at.RafaelGranado@miamibeachfl.gov. Procurement Contact: ' Telephone: Email: Kristy Bada 305-673-7000, ext. 6218 kristybada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part ofyour RFQ submission. Potential proposers that have electednot to submit a response to the RFQ are requestedto complete and return.the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincerely, 4.:7; Procurement Director 1 , ADDENDUM NO.4 RFQ 2018-183-KB FOR CITYWIDE DEMOLITION SERVICES . i REQUEST FOR QUALIFICATIONS (RFQ) FOR CITYWIDE DEMOLITION SERVICES 2018-183-KB RFQ ISSUANCE DATE: JUNE 12, 2018 STATEMENTS OF QUALIFICATIONS DUE: JULY 27,2018 @ 3:00 PM ISSUED BY: MIAMiBEACr KRISTY BADA, CONTRACTING OFFICER III PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.74901 KRISTYBADA@miamibeachfl.gov 1 www.miamibeachfl.gov RFQ 2018-183-KB 1 MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED • N/A 0200 INSTRUCTIONS TO RESPONDENTS &GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS &FORMAT 12 { 0400 EVALUATION PROCESS 15 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 17 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 33 APPENDIX F INSURANCE REQUIREMENTS 36 nF J RFQ 2018-183-KB 2' MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL.This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications(the"proposal")to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda,whether included herein or released under separate cover, comprise the solicitation,.and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and,subsequently,the successful proposer(s) (the"contractor[s]")if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City requires the services of contractors to perform Citywide Demolition Services for the Building Department. For approximately four (4) years (July 29, 2014 through July 28,, 2018), the City has contracted with several contractors to provide these services.The final term of these contracts expires on July 28,2019. At this time, the. City of Miami Beach is issuing a Request for Qualifications for Citywide Demolition Services to meet the City's demolition needs on an as-needed basis. Contractors that are deemed,as qualified pursuant to the minimum requirements and criteria set forth in this RFQ shall be placed in a pool for as-needed services.As such, the City, when the need, for services arises, will issue requests for quotes to the pool of pre-qualified demolition contractors. A service order will be issued to the responsive, responsible contractor offering the lowest quote for a specific project. Successful Contractors shall provide all labor, materials, equipment, supplies, insurance, fuels, permits, retirement of utilities and any other items necessary to complete the demolition work, the removal of demolition materials and disposal of materials and,related work for these future projects. The City retains the right to utilize the resulting contracts in a manner that serves the best interests of the City.As such, the City may decide to utilize other procurement methods for future projects when applicable. The resulting contract shall not serve as a guarantee of future work for those contractors deemed to be prequalified pursuant to this solicitation process. Pursuant to Section 287.055, demolition projects with an estimated value greater than $300,000 may not be awarded pursuant to any contract resulting from this RFQ. RFQ 2018-183-KB 3 \IAMI BEACH , I 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued June 12,2018 Pre-Submittal Meeting June 28,2018 10:00am !, Deadline for Receipt of Questions July 17,2018 at.5:00pm Responses Due July 27,2018 at 3:00pm Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Kris Bade 305-673-7490 kris bads• miamibeachfl.•ov a'dditionally„the City Clerkis to:be copied on,all:communications via:e-mail,at:RafaelGranado(afmiamibeachfl.gov; 6r via facsimile:786-394-4188. { The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten(10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue,3r Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER:9415468 RFQ 2018-183-KB 4 MIAMI BEACH Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated.RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's,Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall besolely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writingto the Procurement Contact named herein witha copy to the City Clerk at rafaelgranado@miamibeachfl.gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions,which may be found on the City Of Miami Beach website: htto:lwww.miamibeachfl.covlcity-hall/procurement/procurement-related-ordinance-and-procedures! - • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFIT S FOR CITY CODE SECTION 2-373 DOMESTIC PARTNERS • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND.CONTROLLED BY CITY CODE SECTION 2-374 VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES . . • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS& CITY CODE SECTION 2-449 SERVICES 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to;provide:any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the-date of being placed on the convicted vendor list. RFQ 2018-183-KB 5 MIAMI BEACH 10. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected .to be or become familiar with, all City lobbyistlaws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation,disqualification of their responses,in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar with,the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14.AMERICAN WITH DISABILITIES ACT(ADA). Call 305-673-7490 to request material in accessible format;sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PubiicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2-370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17.JOINT VENTURES.Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime Proposer who may serve as team members. RFQ 2018-183-KB _. 6 MIAMI BEACH 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer 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 responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount(or in this RFQ, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2), or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals 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. 19. DETERMINATION OF AWARD. The final ranking results of,Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369,including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified,without delay or interference. (3)The character, integrity,reputation,judgment, experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the,contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to;approved by the City;.and executed by the parties. 21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses;re-advertise this RFQ; postpone or cancel, at any time,this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. RFQ 2018-183-KB 7 MIAMI BEACH 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations,evaluations,and examinations, as it deems necessary,to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility(and shall be at the sole cost and expense)of the Proposer,and shall not be reimbursed by the City: 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the. Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. 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 proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its'proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed;to be an affirmation by the Proposer that there are no citations or violations: Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. - i 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the.City after the goods or services have been received, inspected, and found to comply with contract,specifications,free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. RFQ 2018-183-KB 8 MIAMI BEACH 29.COPYRIGHT,PATENTS&ROYALTIES.Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, andlor agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design,device or materials covered by letters, patent,or copyright, it is mutually understood and agreed,without exception,that the proposal prices shall include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. 30. DEFAULT. Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission,or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31.MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of.Miami Beach property to deliver materials or perform work or services as a result of any contract resultingfrom this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer,or its officers,employees,contractors,and/or agents,for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status,and age or disability. RFQ 2018-183-KB 9 MIAMI BEACH 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance(experience)in making an award that isin the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment,and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry,and as determined by the City sof Miami Beach. E.The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer,including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier,which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. . 35.ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person,company or corporation,without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE.When the successful Proposer(s) is in agreement,other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED-BY CONTRACTOR. It is the intent of the City to purchase the goods and services, specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-neededbasis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation,with the latest Addendum taking precedence;then C. The solicitation;then D. The Proposer's proposal in response to the solicitation. RFQ 2018-183=KB 10 MIAMI BEACH 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings,and shall pay all costs,judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including,without limitation,any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes,and s. 24(a),Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whicheveris earlier. Additionally, Contractor agreesto be in full compliancewith Florida.Statute 119.0701 including, but not limited to, agreement to.(a) Keep and'maintain.public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b)provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost,provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43.OBSERVANCE OF LAWS. Proposers are expected to be familiar with,and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. RFQ 2018-183-KB 11 MIAMI BEACH 44. CONFLICT OF INTEREST.All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly,an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. 45. MODIFICATION/WITHDRAWALS OF PROPOSALS.A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date,or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date,and letters of withdrawal received after contract award will not be considered. 47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to(as said term and/or condition was originally set forth on the RFQ). 48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee,or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to influence him in the,discharge of his official duties. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and required to complete the work. When additional items are required to be added to the.Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for the additional items. If these quote(s) are determined to be fair and reasonable,then the additional items will be awarded to the current contract vendor(s)through either a Purchase Order(or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of$50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than$50,000. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. RFQ 2018-183-KB 12 - i { MIA Al BEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1.SEALED RESPONSES.One original Statement of Qualifications (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 proposals. Additionally,, ten (10) bound copies 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 proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically,either through email or facsimile,are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids.Any Bid received after the deadline established for receipt of Statement of Qualifications will beconsidered late and not be accepted or will be returned to proposer unopened. The City does not accept. responsibility for any delays,natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT..In order to maintain comparability,facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. •TAB.'t' Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents.The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. j 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in.Appendix C, Minimum Requirements and Specifications. !.*TAB 2 'W " Experience&Qualifications 2.1. Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation,including experience in. providing similar scope of services to public sector agencies. For each projectthatthe proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email,and year(s)and term of engagement. 2.1.1 Firm's history and relevant,experience shall exemplify their experience with demolition services, recycling and/or reusing demolition material,and demolition permitting. 2.1.2 Projects submitted as evidence should include projects ranging from 2,500 sqft to multi-unit buildings over 10,000 sqft. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded,the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information,shall be included for each respondent team member to be assigned to this contract. 2.2.1 Team's history and relevant experience shall exemplify their experience with demolition services,recycling and/or reusing demolition material,and demolition permitting. 2.2.2 Projects submitted as evidence should include projects ranging from 2,500 sqft to multi-unit buildings over , 10,000 sqft. - RFQ 2018-183-KB 13 MIAMI BEACH TAB 3 • Approach and.Methodology 3.1 Submit detailed information on the approach and methodology how proposer plans to accomplish the proposed scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options, testing and risk mitigation options for assuring project is implemented on time and within budget. 3.2 Include detailed information,as applicable,which includes but not limited to: • Permitting • Recycling and/or reusing demolition material • Removal of Underground Storage Tanks • Sediment Control • Dust Control • Grade and Backfill • Site Vegetation • Hazardous Materials • Clean-Up • Storage • Street Closures • Public.Right-of-Ways • Power • Sanitary Facilities • . Utilities .• Inspections . . • Emergencies - Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. 4.FINANCIAL CAPACITY. Within three (3) business days of request by the City, Each Proposer shall arrange for Dun & Bradstreet to submit a(Supplier Qualification Report (SQR) directly to the Procurement Contact named • herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https:!/suppl ierportal.dnb.com!webapp/wcslstoreslservlet/S upplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,contact Dun&Bradstreet at 800-424-2495. 14 RFQ 2018-183-KB MIAMIBEACH 5. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to , require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications(including,but not limited to, litigation history,regulatory action,or additional references);and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). The City reserves the right to request any documentation omitted,with exception of Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Bidder must submit any omitted documentation within three(3) business days upon request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. Balance of Page Intentionally Left Blank RFQ 2018-183-KB 15 MIAMI BEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION - , 1. Evaluation Committee.An Evaluation Committee,appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth inthe solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee.The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is importantto note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 &Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received,the City Manager,after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation.Committee may review and score all proposals received,with or without conducting interview sessions. '_F Step 1'-Qualitati"ve Gnteria, .. R ^' Maxinium Points Proposer Experience and Qualifications 70 Approach and Methodology 30 • '4.:: r.'. xTQTAL.AVAILABLESTEP1 POINTS . fie•,. 10G . °h � R 3. Step 2 Evaluation. Following.the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Procurement Department to those points earned in Step 1, as follows. :Step2=-Qu antitativeCnteri Maximum;Points Veterans Preference 5 TOTAL AVAILABLE STEP`2 POINTS 5 • ' r RFQ 2018-183-KB 16 - f MIAMI BEACH 4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points. will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: _ - Proposer Proposer Proposer A B C Ste. 1 Points 82 76 80 :Committee : Ste.2 Points 22 15 12 Member`? Total 104 91 92 Rank 1:;. Ste. 1 Points 79 85 72 :'=Committee;.;'=,� Ste• 2 Points 22 15 12 Total 101 100 84 Membe Ste• 1 Points 80 , 74 66 Committee,' Ste•2 Points 22 15 12 Member`2 r Total 102 89 78 .2, Low Aggregate Score 3 7 4. 8 Final Ranking* ' Y 1'. - 2 - 3. * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. -- I RFQ 2018-183-KB 17 • APPENDIX A M I Ai, ",• I Response Certification , Questionnaire & . Requirements Affidavit 2018-183-KB Citywide Demolition Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2018-183-KB 18 MIAMI BEACH Solicitation No: Solicitation Title: 2018-268-KB FOR CITYWIDE DEMOLITION SERVICES Procurement Contact: "Tel: Email: KRISTY BADA, 305-673-7490 KRISTYBADA@MIAMIBEACHFL.GOV STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements,,and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: `I TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:. ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right toseek additional information from proposer or other source(s),including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals, client information; financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2018-183-KB 19 1 MIAMI BEACH 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose, in their Proposal, the name(s)of any officer, director, agent,or immediate family member(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT:Proposers must disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)whois also an employee of the City.of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation. Has Proposer ever been debarred,suspended or other legalviolation, or had a contract cancelled due to non-performance b an public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in solicitation.For each individual,or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,,of a candidate who has been elected to the officeofMayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Managementwith its proposal/response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at http:/Iwww.miamibeachtt.aov/city-hall/procurement/ • RFQ 2018-183-KB 20 • MIAMI BEACH 7. _ benefits: 1 * - e. . • 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the."other" section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave 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 htto://www.miamibeachfl.00v/city-hall/procurementlorocurement-related-ordinance- and-procedures! - RFQ 2018-183-KB 21 AAIMAIBEACH 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race, color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.. 11. Moratorium on 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. 12. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shallnot 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 hasadopted 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. 13. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 _ Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFQ 2018-183-KB .. 22 _ i MIAMI BEACH DISCLOSURE AND DISCLAIMER SECTION s The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications,may accept'or reject Statement of Qualifications,and may accept Statement of Qualifications which deviates from the solicitation,as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein isaccurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correctionof errors,omissions,or withdrawal from the market without notice.Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as,if and when a Statement of Qualifications,as same may be modified,and the.applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive . agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documentsshall be subject to disclosure as required by such law.All Statement of Qualifications shall be submitted in sealed proposal form andshall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications,and authorizes the release to the City of any and all information sought in such inquiry or investigation.Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstandingthe foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2018-183—KB 23 MIAMI BEACH ,PROPOSER CRTIFICATION!; , . , I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all.attachments,exhibits and appendices and the contents of any Addenda released hereto,and -the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and'information contained in this proposal, inclusive of the Statement of Qualifications Certification,Questionnaire and Requirements Affidavit are true and accurate. / I fName of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: • { State of FLORIDA ): On this_day of ,20_,personally appeared before me who County of. ) stated that(s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and;acknowledged said instrument to be its voluntary act and deed. Before me: Notary,Public for the State of Florida My Commission Expires: • • • RFQ 2018-183-KB 24 APPENDIX B , , -., A O.0 ,, , LA ii\VA ''' -' '' :TTA �€ 4 No Bid " Form 2018-183-KB Citywide Demolition Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 `fit. � o a tart ose nor a� received otitication. ; so c tro -Tk% c q' c ded n t.to es`pondr to complete and submit • h acr"they" er en o€ o Bid ` e-.r tote mitt i ,. Nop;Bi "' provides N. 'C� wit ;inform do an° had improve the soIicitct�on process a--.' to,su r it c " tat rre At.o£ a Bid" aft Jesuit iii notbeing notified of f ttu e°©Crc tra i tie.City� : u . . _ RFQ 2018-183-KB 25 IMI BEACH Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW:. _Workload does not allow us to proposal _Insufficient time to respond _Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Kristy Bada STATEMENTS OF QUALIFICATIONS#20.18-183-KB 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 RFQ 2018-183-KB 26 • APPENDIX C AA I A „Ak, Minimum- Requirements & Specifications 2018- 183-KB Citywide Demolition Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2018-183-KB 27 MIAMI BEACH C1.Minimum Eligibility Requirements.The Minimum Eligibility Requirements for this solicitation are listed:below. 1. Proposer must possess a Miami-Dade County Demolition Contractor License C2.Statement of Work Required. The City requires the services of contractors to perform Citywide Demolition Services for the Building Department. For approximately four (4) years (July 29, 2014 through July 28, 2018), the City has contracted with several contractors to provide these services.The final term of these contracts expires on July 28,2019. At this time, the City of Miami Beach is issuing a Request for Qualifications for Citywide Demolition Services to meet the City's demolition needs on an as-needed basis. Contractors that are deemed as qualified pursuant to the minimum requirements set forth in this Solicitation shall be placed in a pool for as-needed services. As such, the City, from time to time, will issue Invitations to Quote (ITQ) to the pool of pre-qualified demolition contractors and shall be given an opportunity to quote future projects as they present themselves. Successful Contractors shall provide all labor, materials,equipment,supplies, insurance,fuels,permits, retirement of utilities and any other items necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work for these future projects. The City retains the right to utilize the resulting contracts in a manner that serves the best interests of the City..As such, the City may decide to utilize other procurement methods for future projects when applicable. The resulting contract shall not serve as a guarantee of future work for those contractors deemed to be prequalified pursuant to this solicitation process. Pursuant to Section 287.055, demolition projects with an estimated value greater than $300,000 may not be awarded pursuant to any contract resulting from this RFQ. C3. Specifications The work required under this contract resulting from in future Invitations to Quote(ITQ)is skilled demolition services, meeting the following minimum specifications.The future work shall consist of furnishing all labor, materials, permits, licenses, supervision, and equipment required to demolish a building or building structures and appurtenant, to include debris removal/disposal,dumping/tipping fees,and final site leveling/grading and grass seeding, as required. Appurtenant structures shall include all slabs, steps, porches, walkway slabs to main structure, fences, asphalt pavement parkways and driveways (including limerock base) and the like. Demolition described, shall include wood and/or concrete roofs,frame stucco,and/or concrete block walls,reinforced concrete columns,foundations, beams, windows, doors, floors, all rough plumbing and electrical conduit, and concrete walks. Demolition and removal of structures for future projects shall also include, but shall not be limited to the following activities,as applicable: • PERMITS:A building demolition permit may include the following sub-permits: o Plumbing Permit o Temporary Fencing . o DERM Permit o Asbestos Permit, if required o Right of Way Permit o Landscape Permit RFQ 2018-183-KB 28 MIAMI BEACH • The contractor shall be responsible for contacting Utilities to retire the necessary utilities (natural gas,water, and/or electricity)prior to demolition. • Demolition and removal of structures shall include removal of the entire identified structure(s) in each subsequent Invitation to Quote(ITQ)and contents to the construction limits. • All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted in subsequent ITQs. Where walks that are designated to be removed come into contact with the sidewalk that is to remain, the contractor shall make a saw cut prior to starting removal. Care should be taken to see that sidewalks are not broken due to the demolition, and any adjacent sidewalks that are broken during the demolition shall be presumed to be due to the contractor's operations.All such designated damages shall be totally replaced by the contractor at no cost to the City and all such costs shall be borne solely by the Contractor.The City shall approve any and all repairs to its satisfaction. • Fences shall remain, unless otherwise instructed to remove. • Cap all building sewer connections at existing wye locations. Requires a Plumbing permit. •- Submit a asbestos and lead paint abatement report, in compliance with Federal, State, and Local Laws and Codes as required for issuance of demolition permit. • Removal of Underground Storage Tanks: Septic Tanks/Grease Traps must be thoroughly pumped out, the bottom broken, and filled in or removed from the premises. Permits and inspection are to be obtained as required. • Sediment Control: The Contractor shall provide temporary erosion and sediment control on each respective property prior to the start of demolition operations for each project. Sediment control shall be maintained for the full duration of each project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. • Dust Control: Dust control plan shall be submitted by the contractor at the time of permit submittal detailing methods to be used for dust control(i.e.temporary cover,water and or wind breaks) • Grade and Backfill: Grading, backfill,sodding,and return to grade shall be performed as follows: o All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top six (6) inches of backfill shall be made with soil suitable for growth of grass and graded to natural grade of surrounding undisturbed earth. o Final grading shall ensure adequate drainage offsite and not permit ponding of water. All filled and disturbed ground shall be smoothed for mowing. o The Contractor shall import clean fill as necessary to establish proper surface grades but the RFQ 2018-183-KB 29 MIAMI BEACH Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City's landscape Architect. • Site Vegetation: All shrubbery and trees are to remain and disruption of vegetation will only be allowed in the immediate vicinity of the demolition. • Discovery of Hazardous Materials: In the event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City project manager. • Clean-Up: All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud anddebris from vehicle transporting demolition materials to litter any streets or highways. Contractor shall clean-up any such mud or debris at its sole expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and on streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction. Cleanup shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc., shall be removed and the area left in a neat and presentable condition. If at any time during performance of work by Contractor the City's representative determines that cleanup is not being accomplished, the City's representative may direct, in writing, no additionalwork can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed.The contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any other construction material is left in the water main or irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water main or irrigation systems. • Storage: Storage of salvage materials for sale on the work site is prohibited. Signs advertising salvage materials shall not be placed.at the work site. • Street Closures:The Contractor shall not close any street or divert any traffic without prior written approval of the.City. The Contractor shall adhere to the State of Florida D.O.T.'s uniform manual on traffic control for construction and maintenance work zones. It will be the sole responsibility of the contractor to make him/herself and his/her employees fully aware of these provisions, especially those applicable to the use of barricades, cones,signage,etc.,to provide a safe working environment. • Public Right-of-Ways: Any use of the public right-of-way adjacent to the work site shall be consistent with the provisions established by the Florida Building Code as provisions must be made for the safe conduct of pedestrians on or nearthe site(s). • Project Superintendent: The contractor shall have a superintendent or a responsible foreman on the project at all times when work is in progress. • Power: All power for lighting, operation of the contractors plant or equipment, or for any other use by the contractor,shall be provided by the contractors sole cost and expense. RFQ 2018-183-KB 30 MIAMI BEACH • Sanitary Facilities: The contractor shall furnish, install, and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required by the sanitary codes of the State and Local Government. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. • Utilities: The contractor shall make every effort to locate and identify all underground pipe lines,cables, and conduits by contacting the One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or excavation operations. Certain pipelines, water mains, gas lines, and other existing underground and above ground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the information made available to the City. The City does not guarantee the accuracy or completeness of such information. Service connections for gas,water, telephone services,sewers, underground electric and lines, and possibly other utilities are not shown on the plans. Any conflict with these utilities or any other utility not specified, as a pay item will be the responsibility of the contractor. The contractor will be required to relocate the utility or work around it at no cost to the City. It will be th e responsibility of the contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. • Any delay or extra cost to the contractor caused by utility, pipe line, or other underground structures or obstructions not shown on the plans or found in different locations than those indicated shall not constitute a claim for additional work,additional payment,or damages. The contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a resultof the contractor's actions. If additional or unexpected utility conflicts occur, the contractor shall be responsible for coordinating with the affected utility company to resolve theconflict and maintain progress on the project. No time extensions will be granted for associated delays. • Safety Precautions: The contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property onall work performed under the provisions of subsequent Invitations to Quote. The contractor shall also comply with all regulatory agencies requirements for safety. The contractor shall use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades,safety screening, or other acceptable methods shall be used as needed to keep the public out of danger and to safely divert themaround 'the project area. The contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. The contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and RFQ 2018-183-KB 31 MIAAAIBEACH all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. The contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract.The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. The contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. { • Explosives:The use of explosives will not be permitted under the contract. • Final Inspection: Inspection by Department of Building Development Services for Final Inspection shall be requested by contractor within,ten (10)days of completion of demolition of each separate site. Inspection to finalize demolition permit MUST be requested by Contractor upon completion of demolition and site clean- up. • Emergencies:Proposers shall be able to mobilize within 24 hours if requested by the city. The Contractor must comply with the following City's Sustainable&Resilient Procurement policy standards: (A) The firm shall employ the following hierarchy of highest and best use for handling Construction & Demolition ("C&D"),debris as follows: (i) Implement reduced material usage or reuse of materials before any recycling; (ii) Implement recycling of source-separated material before any recycling of mixed C&D debris material; (iii) Implement recycling of mixed C&D debris before all other forms of disposal. (B) The firm is prohibited from,sending any C&D debris material directly to a landfill without submitting a request to and receiving approval from the Environment & Sustainability Departments. The request must demonstrate that all reuse and recycling options for the material have been evaluated and determined to not be viable for recycling or reusing. (C) The firm shall manage all C&D debris materials to meet a minimum diversion rate of 75 percent. The Environment & Sustainability Director may increase the minimum diversion rate based on the Directors assessment of infrastructure, markets and materials available to support the new rate. (D) *Construction and Demolition Debris Management Report. The firm shall be responsible to provide a Construction and Demolition Debris Management Report electronically to the Environment & Sustainability Department prior to final payment,including the following : (i) The firm and project identification information; (ii) Procedures to be used for C&D debris management; (iii) A list of the materials generated from the project, their estimated weight by tons, and how the material was reused,recycled, or otherwise handled; and, (iv) The names and locations of reuse and recycling facilities or sites, and companies used to transport the material. (v) Final Diversion information reporting the weight of C&D debris material diverted for the RFQ 2018-183-KB 32 MIAMI BEACH entire construction and/or demolition project and the overall diversion rate achieved. (vi) Any assets within the facility or property to be demolished shall follow the same procedures as above. (E) Environmental & Sustainability Department will approve the Construction and Demolition Debris Management Report addressing items (G)(i)-(h)and notify the Building,Department to authorize payment to the contractor. . RFQ 2018-183-KB ..,. . _ , . . 33 APPENDIX D • Ak / - i . J Special Conditions 2018-183-KB Citywide Demolition Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2018-183-KB 34 • 1 MIAMI BEACH 1. Term of Contract. This contract shall remain in effect for three (3) years from date of contract execution by the Mayor and City Clerk.The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional two(2), one(1)year periods,on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. 2. Master Contract, Purchase Orders& Contractor Service Orders (CSO). A Master Contract shall be executed for each awarded contractor.The Master Contract shall outline the terms and conditions of all work, and incorporate the requirements of this ITB.'The Master Contract authorizes Contractor to participate in the pool of prequalified contractors. An executed Contractor Service Order(CSO) shall be issued for each project awarded and is required prior to issuance of a Purchase Order. 3. Roadmap for Award of Projects. When a project is identified, the department will request quotes from contractors authorized to participate in the Pre-Qualified Bidder Pool. Responsive, responsible bidders (awarded or not) are eligible to participate in the Pre-Qualified Bidder Pool, at the discretion of the bidder and as indicated on the Cost Proposal Form at the time of submission. At its own expense, the contractor shall visit the site and prepare a lump sum detailed quotation (inclusive of all labor, materials, and all other costs. Each quote prepared by the contractor shall include an acceptable description of the nature,extent and character of the work required, as well as performance and delivery schedules. In the alternative, project managers may require an itemized breakdown of the lump sum amounts.. 3.1 For projects with an estimated cost up to the amount specified in City Procedure PO16.02, Threshold Category 1 (currently$10,000 or as amended), the project/contract manager may select the contractor deemed to be best qualified. 3.2 For projects with an estimated cost exceeding the amount specified in City Procedure PO16.02, Threshold Category 1 (currently$10,000 or as amended), the project/contract manager shall solicit three quotes. Following the determination of the best quote, in the City's sole discretion, a Contractor Service Order (CSO) will be executed for the project. Prior to issuing a Purchase Order,for projects $50,000 or greater, the City Manager's approval is required.The City Manager's approval, along with a justification, is also required when the contractor offering the lowest cost is not selected. 3.3 In determining the lowest and best contractor for the project, in addition to price, there shall be considered the following: (1)The ability,capacity and skill of the bidder to perform the contract. (2)Whether the bidder can perform the contract within the time specified, without delay or interference. (3)The character, integrity, reputation,judgment, experience and efficiency of the bidder. (4)The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. RFQ 2018-183-KB 35 MIAMI 4. Limitation of Project. Pursuant to Florida State Statute Section 255.20, a county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building, structure, or other public construction works must competitively award to an appropriately licensed contractor each project that is estimated in accordance with generally accepted cost-accounting principles to cost more than $300,000. Projects awarded pursuant to this ITBshall be limited to these thresholds. Demolition projects exceeding$300,000 may not be awarded pursuant this RFQ. 5. Force'Majeure. Except as otherwise expressly provided herein, neither party shall be considered in default in the performance of its obligations hereunder to the extent that such performance is prevented or delayed by any cause, existing or future,which is not within the reasonable control of such party including, but not limited to,acts of God or public enemy, fire, explosions, rots, strikes (not including strikes of the Contractor's Staff Personnel), or war. Notwithstanding the foregoing, the failure of any of the. Contractor's suppliers, or the like shall not excuse the Contractor's performance except 'to the extent that such failures are due to any cause without the fault and reasonable control of such suppliers, or the like including, but not limited to, acts of God or the public enemy, fires, explosions, riots, strikes(not including strikes of personnel of the Contractor's suppliers), or war. 6. Background Checks.The contractor shall conduct a full criminal background check at its own expense on each of its employees engaged in providing services under this ITB or any resulting Agreement prior to the commencement of said services. No contractor employee shall.be eligible to perform services, pursuant to this ITB or resulting Agreement, if he or she:(1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen property; identity theft; fraud; money laundering;:shoplifting; larceny; falsification of documents and/or(2) has been convicted of any sex,weapons, or violent crime including but not limited to homicide; attemptedhomicide;rape; child molestation; extortion;terrorism or terrorist threats; kidnapping; assault; battery; and illegal weapon possession, sale or use. The contractor shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys'fees)or claims for injury or damages arising out of its failure to comply with this requirement. 7. Indemnification. Provider shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewithand shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. RFQ 2018-183-KB 36 i MIAMI BEACH 8. PERFORMANCE BOND. For individual projects, the City may require the Contractor to furnish a bond prior to commencement of work. If a bond is requested,the City will reimburse the Contractor the direct cost of the bond with no mark-ups allowed.Contractor shall furnish a Performance Bond and a Payment Bond from an A-rated Financial Class-V Surety Company. a) 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. b) Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City,correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. c) Bond(s)shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. RFQ 2018-183-KB 37 - i APPENDIX E' ' .. "`'mix *',Vsk.w. ' • Insurance Requirements • 2018-183-K6 Citywide Demolition Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 • RFQ 2018-183-KB 38 poiAmi C INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to • maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability(occurrence form), limits of liability$ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and.Contractual Indemnity (Hold harmless endorsement exactly as written in"insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. • XXX 5. The City must be named as and additional insured on the liability policies;and it must be stated on the certificate. • 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability •$ .00 • Protection and Indemnity $ .00 Employee Dishonesty Bond • $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. .Best's guide rating B+:VI or better,latest edition. XXX 9. The certificate must state•the proposal number and title • The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable • Statutes. • • • • • RFQ 2018-183-KB 39 ATTACHMENT C CONSULTANTS RESPONSE TO THE (RFQ) Detail by FEI/EIN Number Page 1 of 3 Florida Department of State DIVISION OF CORPORATIONS DIVOLON ., _ .org y 1,• PJ r,� r�r ro►�.i,i an ulllrsru nttuu of Florida weinitu Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Florida Profit Corporation CROSS ENVIRONMENTAL SERVICES, INC. Filing Information Document Number M67631 FEI/EIN Number 59-2866646 Date Filed 02/10/1988 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 10/31/2013 Event Effective Date 11/01/2013 Principal Address 39646 FIG AVENUE Zephyrhills, FL 33540 • Changed:03/22/2018 Mailing Address PO BOX 1299 CRYSTAL SPRINGS, FL 33524 Changed:01/30/2001 Registered Agent Name&Address ROSENBAUER,SHARON M. 39646 FIG AVE Zephyrhills, FL 33524 'Name Changed:01/05/2011 Address Changed: 03/22/2018 Officer/Director Detail Name&Address Title PD BISTON, CLYDE A 1311 MACAW ST CRYSTAL SPRINGS, FL 33524 http://search.sunbiz.org/Inquiry/CorporationS earch/S earchResultDetail?inqui... 7/2/2019 Detail by FEI/EIN Number Page 2 of 3 Title SV Tostanoski, John 3300 SW 50th Ave Davie, FL 33314 Title TV ROSENBAUER,SHARON M 14041 TENTH ST DADE CITY, FL 33525 Title SR VP SMITH,JAMES L 12235 DUCK LAKE CANAL ROAD DADE CITY, FL 33525 Title Asst.Secretary Schaefer,Toni PO BOX 1299 CRYSTAL SPRINGS, FL 33524 Title Asst.Secretary Strott, Colleen PO BOX 1299 CRYSTAL SPRINGS, FL 33524 Annual Reports Report Year Filed Date 2017 04/26/2017 2018 03/22/2018 2019 04/09/2019 Document Images 04/09/2019—ANNUAL REPORT View image in PDF format 03/22/2018—ANNUAL REPORT View image in PDF format 04/26/2017—ANNUAL REPORT View image in PDF format 10/11/2016—AMENDED ANNUAL REPORT View image in PDF format 05/11/2016—AMENDED ANNUAL REPORT View image in PDF format 04/27/2016—ANNUAL REPORT View image in PDF format 11/02/2015—AMENDED ANNUAL REPORT View image in PDF format 04/28/2015—ANNUAL REPORT View image in PDF format 1 04/30/2014—ANNUAL REPORT View image in PDF format 10/31/2013—Merger View image in PDF format 01/29/2013—ANNUAL REPORT View image in PDF format 01/06/2012—ANNUAL REPORT View image in PDF format J http://search.sunbiz.org/Inquiry/CorporationS earch/S.earchResultDetail?inqui... ,7/2/2019 Detail by FEI/EIN Number Page 3 of 3 01/05/2011--ANNUAL REPORT View image in PDF format 03/30/2010—ANNUAL REPORT View image in PDF format 04/29/2009—ANNUAL REPORT View image in PDF format 04/01/2008—ANNUAL REPORT View image in PDF format 01/24/2007—ANNUAL REPORT View image in PDF format 04/19/2006—ANNUAL REPORT View image in PDF format 06/23/2005—ANNUAL REPORT View image in PDF format 02/18/2004—ANNUAL REPORT View image in PDF format 01/29/2003—ANNUAL REPORT View image in PDF format 02/11/2002—ANNUAL REPORT View image in PDF format 01/30/2001—ANNUAL REPORT View image in PDF format 04/07/2000--ANNUAL REPORT View image in PDF format 05/10/1999—ANNUAL REPORT View image in PDF format 02/11/1998—ANNUAL REPORT View image in PDF format 02/04/1997—ANNUAL REPORT View image in PDF format 01/24/1996—ANNUAL REPORT View image in PDF format 01/19/1995—ANNUAL REPORT View image in PDF format Florida Department of State,Division of Corporations „•http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqui.;.. .:7/2/2019._. Proposal for: City of Miami Beach, Florida Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 RFQ 2018-183-KB CITYWIDE DEMOLITION SERVICES Bid due: August 20, 2018 @ 3:00PM Prepared by: ■■ ■■ CES Cross Environmental Services, Inc. P.O. Box 1299 I Crystal Springs, FL 33524 813-783-1688 I ces@crossenv.com www.crossenv.com Presented by: John Tostanoski, SVP 3300 SW 50th Ave I Davie, FL 33314 954-583-9528 I jt@crossenv.com ■■ N® RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. TAB1 Cover Letter & Minimum Qualifications Requirements 2 ■■ II RFQ 2018-183-KB CE 9 Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Cross Environmental Services, Inc. is pleased to submit to the City of Miami Beach this Request for Qualifications for Citywide Demolition Services. This RFQ describes in detail our approach, capabilities, means, personnel, qualifications and previous experience to perform the scope of services as required by the City in RFQ 2018-183-KB. CES' service for this RFQ will be coordinated by Mr. John Tostanoski, (954)583-9528,. jt@crossenv.com in our Davie, Florida office. Table of Contents TAB1 2 Cover,Letter&Minimum Qualifications Requirements 2 1.2 Response Certification, Questionnaire&Requirements Affidavit. 4 Qualifications 11 TAB2 12 Experience&Qualifications 12 Equipment: 25 Team 35 Locations 35 Recent/Current Relevant Contracts 36) State Certifications and Licenses: 37 TAB 3 40 Approach and Methodology 40 Appendix 43 Certificate of Insurance: 44 Original signed documents 3 u® �• RFQ 2018-183-KB CE 9 Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. 1.2 Response Certification, Questionnaire&Requirements Affidavit: MIAMI I BEACN Solicitation No: SdialaeonTdle 2018-268-KB FOR CITYWIDE DEMOLfTION SERVICES Prom/reined Contact Tel: anal: KRISTY BADA 305-673-7490 KRISTYBADA@MIAMIBEACHFLGOV STATEMENTS OF QUALIFICATIONS CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose:The purpose of this Response Certification,Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements,and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated.This Statement of Qualifications Certification,Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. - 1. General Proposer Information. FIRM NAME Cross Environmental Services,Inc. NO..OFYEARS INBUSINESS: 30 NO.OF YEARS IN Bu IN SSLOCAii 20 NO.OF EMPLOYEES: 120 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN 7HE LAS %YEARS: ria FIRM PRIMARY ADDRESS(HEADQUARTERS): P.O.Box 1299 t 39646 Fig Ave. Orrr: Crystal Springs STATE FL ZIPCCM 33524 TELEPHONE NO.: (813)783-1688 TOLL FREE NO.: (800)922-7677 FAX NO.: (813)788-9114 • FIRM LCCAL ADDS: 3300 SW 50th Ave. CITY: Davie STATE FL zIPame 33314 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: John Tostanoski,SW ACCOUNT REP TELEPHONE NO.: (954)583-9528 ACCOUNT REP TOLL FREE NO.: nia ACCOUNT REP EMAIL- jtcrossenv.com % FEDERAL TAX IDENTIFICATION Na: 59-2866646 The City reserves the right to seek additional information from proposer or other source(s),inducting but not limited to:any firm or principal information,applicable licensure,resumes of relevant individuals,client informatiion,financial information, or any information the City deems necessaryto evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2018-183-KB 19 4 RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. MIAMI BEACH 1. Veteran Owned Business.Is Proposer daimin��a v�eteran owned business status? S I x INO SUBMITTAL REQUIREMENT:Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-374& 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT:Proposers mint disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent,silting,and child)who is also an employee of the City of Komi Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest often(10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation_ SUBMITTAL REQUIREMENT:For each reference submitted the following information is required:1)Firm Name,2)Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Nance on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation..Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any milk sector agency? YES F-1 NO SUBMITTAL REQUIREMENT:If answer to above is'YES,'Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the Ckyrs Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code.Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform raw are complied with,and shall be subiect to any and all sanctions,as prescribed therein,including dlisqualufication of their Proposals,in the event of such non-congence. SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(nducling your srbs )with a controlling financial interest as defined in solicitation For each individual or entity with a controlling financial interest indicate whether or riot each individual or entity has contributed to the campaign either(Erectly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics.Pursuant to City Resolution No2000-23879!,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics(Mode")and submit that Code to the Department of Procurement Management with its propasallrespcnse or within five(5)days upon receipt of request The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including,among others,the con fict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade Comity. SUBMITTAL REQUIREMENT:Proposer shall submit firm's Code of Business Ethics.In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt;as required in the ordnance,the City of Miami Beach Code of Ethics,available at httoltvrxw.miamibeachloovicity-hallforocrs ement! RFQ 2018-183-KB 20 5 ■■ RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. MIAMI BEACH 7. benefit benefits: 83. 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 2045-349 requires certain contractors tremors doing business with the City of Mardi Beacon,who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits'to their employees with domestic partners,as they provide to employees with spouses..The Ordnance applies to all employees of a Contractor who work within the City limits of the City of Mami Beach,Florida;and the Contractor's employees located in the United States;but outside of the City of ruind Beach limits,idle are directly perform work on the contract within the City of Mani Beadt 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 employeeswith(same or opposite sex)domesticper hers*or to domestic partners of employees? 0 YES NO C. Please check all benefits that apply to your answers above and fist in the'tithe?section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Farm Provides for Finn does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health x x Sick Leave x x Family Medical Leave x x Bereavement Leave x x .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 wiling 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 w 11 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 httnJlieww miambeachff_govkdty-halllorocurernent/procurement-related-orrfnarue- and-procedures/- - , RFQ 2018-183-KB 21 6 RFQ 2018-183-KB cEsCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. MIAMI BEACH 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted ar as amended from time to time,states that a person cr affiliate who has been placed on the convicted vendor Est following a comition for a public entity crime may not submit a proposal,proposal,,or reply on a contract to provide any goods or services to a pubic entity;may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or pubic'eerie may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant raider a contract with any pubEc entity;and may not transact business withany pubic entity in excess of the threshold amount provided in s. 87.D17 for CATEGORY TWO for a period of 36 months following lire date of being placed on the convicted vendor fist SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133.Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a.boycott as defined in Section 2-375(a)of the City Code, including the btxklsting,divesting from,cr clherelse refusing to deal with a person or sillily when such action is based on race, color,national origin,region,sex,intersexuality,gender identity,sexual orientation,marital cr familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executiree this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on 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 Colina and Mississippi,as well as the purdtase of goads 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 prodarct or services it provides to the City be sourced from these stales. 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 8116-29375. 12, Fair Chance Requirement Pursuant to Section 2-376 of the City Coda,the City shall not ewer into any contract resulting from a competitive scici1ation, 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 Ordnance'),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 amiable at law and in&quay. 13. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's a-pn curement system,PubiicPurd ase.com, However,Proposers are solely responslle for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of al addenda may result in proposal disqualification. ' Milts yin I tial 10 Content heist to Cormr,a t Receipt Receipt Addendum 1 Addendum 6 Addendum 11 / r v/ I Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 F Addendum 5 Addendum 10 ,Addendum 15 If additional cod , •n of addendum is required,submit under separate cover. RFQ 2018-183-KB 22 .a4? n 7 RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. MIAMI BEACH DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City for the recipient's convenience_ Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making arty award,or in failing or refusing to make any award pursuant to such Statement of Qualifications,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. in its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualrficatsris,may accept or refect Statement of Qualifications,and may accept Statement of Qualifications which deviates from the solicitation,as it deems appropriate and in its best interest In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications,the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including,without limitation, the applicant's affliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. reetion_ The information contained herein is provided solely for the convenience of prospective Proposals_it is the responaility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation_ Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipients own risk_ Proposals should rely exclusively on their own investigations,interpretations,and analyses_The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness_No warranty or representation is made by the City or it agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the-panty submitting such Statement of Qualifications_ This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice_Information is for guidance only,and does not constitute all or any part of an agreement The City and all Proposals will l be bound only as,if and when a Statement of Qualifications,as same may be mac'ilied,and the-••lire definitive agreement.pertaining thereto,are approved and executed by the parties,and then only pursuant to the terns of the definitive agreements executed among the parties_Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifrcati=and supporting document dial be subject to disclosure as required by such Paw All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected far opening the responses_At that time,all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submitica of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications,and authorizes the release ti©the City of any and all information sought in such inquiry or investigation_Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the,solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.60 as agreed-epan and liquidated damages_The previous sentence,however,shall not be construed to circumvent any of the other provisions of ;ice Disclosure and Disclaimer which imposes no fiabilityon the.City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the soliciWion,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida RFQ 2018-183-KB 23 8 RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. MI AM I BEACH PROPOSER CERTIFICATION I hereby certify that I, as an authorized agent.of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and Disclaimer Statement proposer agrees to be bound to any and all specifications,terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted;Proposer has not divulged,discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the Stale of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification,Questionnaire and Requirements Affidavit are Irue and accurate. Im t PrCcOSEC skbarized Represantadva: Title ciPreposEr's hittaized Rcpcsanlalkt: James L.Smit Sr.Vice President Signaling of lopour riga - fnraveDaft; 8/1512018 Stale of FLORIDA On this 1Sthday of August 2018,personally appeared before me James L Smith who County of Pasco stated that(s)he is the sr Irv.PrAttriAnt of cross Envimnrnenigi serikftporation,and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed.Before me: to 4a*, COLLEEN STROTRaly P iblt for the Stale o !arida hptoxj commisstow F 92tig9Zoor fission Expires: Oct.10.2019 arm°,ir EXPrRE$Oct 10,2019 nowt.. SONDE*THROUGH OLD INSURANCE COMPANY RFQ 2018.183-KB 24 ■■ RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTRI SERVICES,INC. Project References Client/ GC: Ohopaki General Contracting&Mechanical, Inc. Contact: Bobby Dryden, 850-776-0584,bobby.dryden@ohopaki.com Address: 3960 W Navy Blvd., Suite 21 Pensacola, FL 32507 Owner: NAVSAC Southeast NAS-Pensacola Project: NAS Hospital Barracks Bldg 2277 6000 W Hwy 98, Bldg 2277, Pensacola, FL Amount: $166,000.00 Duration: 3/13/2017 to 6/6/2017 Scope of Work: Asbestos Abatement and 100% Demolition; 2 story, 20,040 SF Military Hospital Client/ Owner: Captiva Club LLC Contact: Robert Griffiths, rgriffiths@watkinsrs.com Address: 11620 Wilshire Blvd., Suite #500 Los Angeles, CA 90025 Project: Captiva Club Apartments 4401 Club Captiva Dr., Tampa, FL Amount: $101,785.00 Duration: 3/7/2016 to 3/25/2016 Scope of Work: Asbestos Abatement and 100% Demolition; 2 story, 16,000 SF of apartments Client/ Owner: Florida Department of Transportation, District VI Contact: Anna Blanco, 305-470-5706, annablanco@dot.state.fl.us Address: 1000 NW 111th Ave., Room 6105B Miami, FL 33136 Project: FDOT, P: 115,VI, Miami-Dade 1236 N.-Miami Ave., Miami, FL Amount: $84,305.01 Duration: 12/14/2015 to 12/23/2015 Scope of Work: 100% Demolition; 1 story, 10,000 SF building 10 . ■■ RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Qualifications Cross Environmental Services, Inc. ("CES" or the"Company") is a specialty environmental contractor with primary focus on abatement and demolition work.After being organized in 1988 by current President and CEO, Clyde A.Biston,CES has grown into one of the largest asbestos abatement firms in the State of Florida. From its four offices,the Company has performed and continues to pursue projects in the 12 states where licensing is maintained. Office locations include Crystal Springs, FL; Davie, FL; Tallahassee,FL and Ft. Walton Beach, FL. The Crystal Springs,FL office serves as corporate headquarters. After approximately 25 years of successful operation,CES transitioned ownership from private to public in order to ensure that growth could continue uninhibited. During November 2013,CES became a wholly owned subsidiary of CES Synergies, Inc. (OTCBB: CESX). Shares of the Company are freely traded,but Mr. Biston retains a majority interest in CESX. CES has maintained steady growth over the past 30 years by consistently creating value for customers by placing emphasis on quality and timeliness of work,as well maintaining a partnership with the customer during the course of a project. The positive reputation that CES enjoys in and around the industry is a product of that philosophy,and the credibility gained through successful completion of a number of large/key projects. Having employees aligned with the Company's philosophy has been,and continues to be, critical to success. In recognition of that,considerable time and energy is devoted to hiring and retaining individuals with those qualities in addition to the skills and experience necessary to perform under contracts such as this. Our full-time staff consists of over 100 employees including management and administrative professional, supervisors,operators, drivers and laborers. At CES we pride ourselves on our ability to always be able to respond to increases in workload with our in-house resources and without sacrificing safety,health or the timeliness of project completion. Our in-house capabilities include decades of hands-on project experience involving the design and implementation of-remediation projects,asbestos/lead abatement,hazardous material removal, demolition, engineering and reconstruction. The information contained in our statement of qualifications will demonstrate to you the strength, experience and depth of CES in the areas of environmental contracting services. CES will carry and keep in force the insurance coverages required for the duration of this contract. A certificate of insurance has been included in the attachment sections of this proposal. Cross Environmental Services, Inc.utilizes the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system. This system is used to confirm the employment of all CES employees and subcontractors utilized by CES. Our E-Verify customer ID is 309505. Cross Environmental Services has never failed to complete a project that we've been awarded. We have never defaulted on a contract. Based upon past project experience we feel confident in the dedication and availability of our entire project team. With our firm's total resources and construction equipment&personnel,we are certain that we have the ability to self-perform all elements required within the scope of work for this contract. 11 ■■ RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. TAB 2 Experience & Qualifications 12 ■■ RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Clyde A. Biston, President/CEO Cross,Environmental Services, Inc. P.O. Box 1299 www.crossenv.com 813.783.1688 Crystal Springs, FL 33524 '-cab@crossenv.com Experience Mr. Biston is a pioneer in the environmental contracting business. He started in the construction industry in 1972 and through hard work and innovation has progressed to being an industry leader in environmental contracting services. Mr. Biston is the sole owner of Cross Environmental Services, Inc. (CES) which is the largest domestically housed asbestos abatement, lead paint remediation, interior demolition and structural demolition firm in Florida. Incorporated in February of 1988, CES has progressed from humble beginnings into a well-regarded and esteemed firm that focuses on the specialty environmental and demolition trades. Mr. Biston has a broad range of experience, some of which include large scale environmental and demolition projects. Many of the techniques utilized in the asbestos abatement industry were developed in the field as the industry progressed. Mr. Biston helped develop or facilitated development of what currently is the industry's state of the art asbestos removal procedures. In doing so, he has also established and understands the production rates and man-hour loadings that are essential to the profitability of a project. Mr. Biston has over 40 years' experience in the general construction and environmental contracting industry. Prior to entering the abatement profession, he operated a masonry contracting business. Subsequent to the incorporation of CES, Mr. Biston has supervised the removal of more than 40 million square feet of asbestos containing materials on projects in Florida and Georgia, as well as,many large-scale demolition and remediation projects. Mr. Biston's experience and pioneering efforts give CES perspective and leadership that our competitors cannot aspire to. Selective Project Involvement: • First Florida Tower: 35-Story interior demolition and abatement • St.Joseph's Hospital: Asbestos abatement • Midway Atoll: Lead and asbestos removal • Florida Federal Building: 38-Story interior gutting • Department of Transportation Category Five Asbestos Abatement-Bridges • Louisiana Land Trust-Abatement and Demolition-Hurricanes Katrina&Rita • Trade Winds Cruise Ship Asbestos Abatement-Curacao • Key West Hotels(4)-Asbestos Removal and Select Demolition • Orlando City Hall-Pre-weakening for Implosion -Lethal Weapon Movie • St. Petersburg City Hall-Interior Demolition and Abatement 28 Stories • Waste Water Treatment Plant-ECUA Demolition And Abatement 22 Acer Site 13 1.1 RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Clyde A. Biston, President Licenses: Certified General Contractor: CGC062981 Asbestos Abatement Contractor: CJC049572 AL-21749 AR- 000544 FL-CJC049572 GA-RN02178 LA-33725 MS- 11409 NC-43634 OH-ACASB515 SC-ASB515 TN-00042141 TX- 801000 Certifications: • EPA Certified: TSCA Title II (AHERA) • Certified AHERA Inspector: • Facility Survey and Building Systems • Certified Project Manager and Supervisor • Certified AHERA Management Planner: • Asbestos Abatement • Lead Based paint Abatement: EPA Sponsored Training • Hazardous Waste Operations/Emergency Response 14 ■■ RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. John Tostanoski, Vice President Cross Environmental Services, Inc. P.O. Box 1299 www.crossenv.com 954.583.9528 Crystal Springs, FL 33524 jt@crossenv.com Experience: Mr. Tostanoski has over forty years of experience in the environmental consulting and contracting industry, including project management, analytical testing, contamination assessment and remediation, asbestos and lead assessment and remediation, indoor air quality, expert testimony and regulatory intervention. Previous experience as President of both public and private environmental firms has included the management and responsibility of all aspects of administrative, financial, marketing,personnel,and quality oversight disciplines. As General Manager for Cross Environmental Services, Inc., Mr. Tostanoski has been responsible for business development, operations and project management in a thirteen-county area in South Florida as well as providing administrative project oversight for multiple Parishes in Louisiana related to the ongoing Hurricane Katrina and Rita cleanup. Mr. Tostanoski has served as a principal environmental consultant to several Fortune 500 companies, developing baseline and compliance monitoring programs, designing and performing contamination assessment and remediation, establishing hazardous waste management plans, indoor air quality surveys and monitoring, large scale asbestos surveys and abatements, industrial waste permitting and_ pretreatment design. He has developed and implemented several national assessment and remediation programs for major retailers regarding asbestos remediation, underground tank retrofits and removals, and groundwater remediation programs. He has served as a project manager on multiple EPA superfund site investigation and remediation projects. Selective Project Involvement: • Broward College:Asbestos Abatement, 84 days,$275,850,Davie Florida • Bear cut Bridge Rehabilitation: Asbestos Abatement,35 days,$218,245.98,Key Biscayne Florida • Pine Crest School: Asbestos Abatement,30 days,$137,5000,Ft. Lauderdale Florida • Florida Department of Transportation,District 4:Asbestos Abatement,37 days,$101,797,Miami FL Credentials: • B.S.in Environmental Sciences-Florida International University • OSHA Hazwoper Training 40 Hour • Certified Miners Safety and Health Administration (MSHA) • Certified in CPR and First Aid 15 ■■ . II RFQ 2018-183-KB CE 9 Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. James Smith,. Sr. Vice President Senior Project Manager Cross Environmental Services, Inc. P.O. Box 1299 www.crossenv.com 813.783.1688 Crystal Springs, FL 33524 jsmith@crossenv.com Experience: Mr. Smith has over 40 years of experience in the supervision of asbestos abatement projects throughout the United States and over 15 years of experience in commercial general construction. Mr. Smith has experience as an operations manager, supervisor, and estimator of construction, abatement, remediation, and selective demolition projects throughout the United States and abroad. Smitty has worked on countless projects in the states of Florida, Georgia, North Carolina, South Carolina, Tennessee, Alabama, Louisiana, Texas, Colorado, Illinois, and Missouri. He also has worked on projects in Guatemala,Guantanamo, Bahamas, and Puerto Rico. Smitty has managed inexcess of 40,000,000 square feet of asbestos projects for governmental entities, school boards, hospitals, hotels, motels, property managers, and private owners. His hands- on experience, customer service, and history of involvement make Smitty an instrumental part to the • start of any project. Selective Project Involvement: • Tampa Presbyterian Village: Asbestos abatement,85 days,$550,000, Tampa Florida • Key West Hotel: Asbestos abatement, 92 days,$389,568,Key West Florida • Burton Hall: Asbestos abatement, 92 days,$668,000, Lafayette,Louisiana • Marysville Power Plant,260 Days,$1,440,000,Michigan Credentials: Georgia Institute of Technology: Asbestos Supervision Course Respiratory Protection of Asbestos Abatement: 3-Day Course EPA Model Lead Abatement Contractor and Supervisor Lead Renovator NIOSH 582 Equivalent- Microscopy Certified Mold Remediator Building Contaminant Technician CPR and First Aid:Certified 16 RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Scott Millard. Senior Project Manager Cross Environmental Services, Inc. P.O. Box 1299 www.crossenv.com 813.783.1688 Crystal Springs, FL 33524 smillard@crossenv.com Experience: Mr. Millard's experience includes over 25 years 'in the construction industry with a concentration in demolition and remediation contracting. Mr. Millard is a licensed mold remediation contractor with extensive asbestos abatement, mold remediation and demolition project experience. In addition, Mr. Millard has estimated, designed and managed many large-scale asbestos projects, including the abatement on several bridge projects. Selective Project Involvement: • During the last 25 years, he has overseen numerous remediation and demolition projects at the Miami International Airport, Palm Beach International Airport, Opa Locka Airport, AT&T facilities, numerous medical facilities and hospitals and numerous private and public projects throughout the state of Florida,Puerto Rico and the Bahamas. • Designed, managed and completed multiple, large scale asbestos abatement and demolition projects over the past 15 years. Credentials: Associate of Arts Degree,Broward Community College Asbestos Management Planner, 1994-present Asbestos Building Inspection, 1994-present Asbestos Contractor/Supervisor, 1994-present Hazmat Health and Safety Training, 1998-present Hazmat Supervisor/Management, 1998-present Lead Abatement Risk Assessment Training, 2001-2004 Supervisor Training for Deleading of Industrial Structures, 2001 Certified Microbial Remediation Supervisor, 2002-present Certified Red Cross/CPR, 2018 • 17 ■■ RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Blair Clark Project Manager Cross Environmental Services, Inc. P.O. Box 1299 www.crossenv.com 813.783.1688 Crystal Springs, FL 33524 bclark@crossenv.com Experience: Mr. Clark has more than thirty-two years of experience in the construction and environmental industry. Mr. Clark started his tenure in the construction industry in a family owned business. His duties included starting as a labor and from there he worked his way through the different trades in the business to finally end at the upper management position. The specific duties included daily supervision of complex construction, asbestos abatement, demolition (structural and selective), specialty transportation, remediation and environmental jobs. During the thirty-two years, Mr. Clark has a vast knowledge of environmental, construction&demolition, landfill operations to include concrete recycling and multi-story demolition projects. He is well versed in designing work plans, estimating, writing proposals and supervision of work. Mr. Clark has years of training in health and safety. Mr. Clark's education includes Undergraduate studies at Florida Southern College and University of Florida in business administration. His education also includes contracts, insurance, contract execution, contract management, sales and bonding. Other duties included onsite working supervisor for many renovation and remediation projects, small to large demolition projects ranging from Florida to New York, as well as, Asbestos andlead abatement projects. Selective Project Involvement: • 2016 Lowe's Davie Plaza:Asbestos Abatement/Demolition$483,000 • 2016 Lakeland Senior Living:Site Restoration/Demolition$204,545.99 • 2016 Drew Park Demolition-TIA Project#600:Asbestos abatement and demolition$119,000 • 2016 Landmark-Retreat at Tampa:Demolition/Site Restoration/Concrete Crushing$1,105,000 • 2017 Wharton Smith-OCPS-RACM Building Demolition$105,000 Credentials: State of Florida-Certified General Contractor No.CGC1518296/CGC1513351 OSHA 40-Hour Health and Safety Training Course (HAZWOPER) Registered Demolition Contractor-Polk County No.DC-9591 Asbestos Supervisor-State of Florida-Treeo Center @ University of Florida\ Certified in Respiratory Protection-Treeo Center @ University of Florida Asbestos Project Manager - Asbestos Project Designer Asbestos Inspector Lead Worker Certificate Certified in Chemical Handling and Transportation Certified Sanitary Landfill Operator-Treeo Center @ University of Florida Certified in Construction and Maintenance of Landfill Gas and Leachate Systems Certified in Waste Screening for Landfills 18 NI I. RFQ 2018-183-KB CE 9 Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Timothy A. Grobe Director of Safety & Health/EEO/AA Officer Cross Environmental Services, Inc. P.O. Box 1299 www.crossenv.com 813.783.1688 Crystal Springs, FL 33524 safetywork1@crossenv.com Experience: As a Certified Safety Professional (CSP) Mr. Grobe is responsible for Cross Environmental Services, Inc.'s safety program development, site inspections, training, audits and incident investigations. He has the authority to issue stop work orders to prevent mishaps for the protection of life and property. In additional to his safety, health and environmental skills he is a technical photographer and writer. He provides internal and external consultation for safety, health and the environment, and manages projects involving special or unusual hazardous materials, biological or physical hazards. His safety and health inspections are mostly unannounced, with results passed on to other senior managers as a review of current procedures, and also to make corrective actions, Tim produces site-specific, general and special area safety and health plans which are foundations to good and proper safety actions and responses. His more than 30 years of varied industrial, institutional, university and construction site experience gives him a solid foundation of core knowledge for a company of more than 200 employees. Prior to the passage of the OSH Act of 1970 he worked as part of a disaster response team for fires, explosions, chemical releases and structural failure incidents. 'He is a former State of Florida Municipal Fire Inspector as well as a former Administrative Fire Chief. As part of his administrative duties, he is the company EEO/AA officer and investigates employee complaints and in many cases starts disciplinary investigations and recommends corrections, as necessary. Professional Memberships or Affiliations: • American Society of Safety Engineers CASSE):Professional Member • Alliance of Hazardous Materials Professionals(AHMP): Certified Member#001440 • National Environmental Safety and Health Training Association (NESHTA) Areas of Expertise: Occupational Safety and Health. Hazardous Waste and Transportation- Member#5063 • Environmental Information Association- (EIA)Member#543056782 • OSHA 10 and 30 Hour Outreach Trainer- University of South Florida USF, OSHA Outreach • MSHA Surface Mine Health and Safety Trainer-Mining Safety and Health Administration • National Air Duct Cleaners Association(NADCA)Member • Medic First Aid Training Center, Manager and Principal Instructor, First Aid, CPR and BBP • University of Florida: TREED Asbestos and Lead RRP Instructor and Trainer 19 11111 UI RFQ 2018-183-KB CE 9 Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Timothy A. Grobe Credentials: Master of Science, Safety Occupational Safety&Health: - Marshall University Regents Bachelor of Arts: - Marshall University Additional Studies at Florida State University in Industrial and Environmental Toxicology & Engineering Licenses: Florida Licensed and Certified Mechanical Contractor- CMC1250157 Florida Licensed Mold Remediator-MRSR222 Florida Licensed Mold Assessor-.MRSA1102 Florida Licensed Asbestos Consultant AX-0000021- Inactive Louisiana Licensed Mold Remediation Contractor-250214- Qualifying Party Louisiana Department of Agriculture &Forestry Commercial Pesticide Applicator 8E/GS- # 00130921 Louisiana Contracting Specialty: Lead Based Paint Abatement- Qualifying Party Attachment to #33725 Texas Department of State Health Services- Licensed Mold Remediation Contractor- #MRC1301 Texas Department of State Health Services- Licensed Asbestos Abatement Supervisor- #804983 Certifications and Certificates: Certified Safety Professional (CSP) #13814 Certified Hazardous Materials Manager (CHMM) #1440 Certified Environmental Safety and Health Trainer (CET) 91-669 OSH, HAZWOPER/HAZMAT Trainer Certified Air Systems Cleaning Specialist(ASCS) # 029130 Accredited Asbestos and Lead RRP Worker Trainer UF TREEO Center Original Certificate #0038-1703 Accredited Asbestos Contractor/Supervisor, Inspector and Management Planner, UF TREED Center Accredited Asbestos Project Designer UF TREED and AMEC NIOSH 582 Sampling for Airborne Asbestos Dusts- UNC- NIOSH Educational Resource Center MSHA Surface Mine Safety and Health Trainer- IS- Unlimited # M44671191 OSHA USF OTI Education Center- OSHA Authorized Construction Trainer#C0091525 Chlorine Safety Technician UF Florida TREEO Center#0155 EPA Lead RRP Certified Renovator UF TREED Center- #1000963-R-8391-10994 EPA Lead Supervisor AIEHA-American Indian Environmental Health Assn,#7ME04021201EDS002 EPA Lead Supervisor Certificate- Florida# FL-S-6707-1 EPA Refrigerant Transition and Recovery Certification-Universal-ACCA- Penn.State #101148786 EPA Spill Prevention Control and Countermeasures- SPCC- Course, UF TREED Center 20 11111 RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Timothy A. Grobe Phase I Environmental Site Assessments-The Environmental Institute#1090 First Responder, Hazardous Materials, Blood borne Pathogens Courses-Tallahassee Fire Department Basic Firefighting and Rescue Courses-Tallahassee Fire Department, Tallahassee, FL State of Florida- Department of Insurance- State Fire Marshal- State and Municipal Fire Inspector- Former Lively Technical Center- Fire Investigation Lively Technical Center- Fire Inspection Practices Lively Technical Center- Building Construction and Codes Lively Technical Center- Building Construction and Plans Lively Technical Center- Fire Codes for Ventilation Hood Systems NFPA#96Lively Technical Center- Basic Fire and Arson Investigation National Fire Protection Association (NFPA)- Basic Life Safety Code 101 National Fire Protection Association (NFPA)- Hazardous Materials Response DOT and NFPA 704 National Fire Academy (NFA)- Emergency Response Actions to Pesticide Fires and Emergencies State of Florida, Department of Health, Bureau of Radiation Control, Division of Environmental Health Radiation Response Volunteer Corps- Emergency Radiation Release Responder Training Cam Tech School of Construction- Mechanical Course Completion Certificate Medic First Aid Authorized Training Center Manager and Instructor- #107731 21 .. NM RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Javier Knight, Cross Environmental Services, Inc. P.O. Box 1299 www.crossenv.com 813.783.1688 Crystal Springs, FL 33524 ces@crossenv.com Experience Mr. Knight has an overall experience of 20 years in the asbestos contracting business. He has been with CES for 12 years. He has also served as on onsite supervisor for several mold remediation projects and more recently was certified to run lead abatement projects. Mr. Knight has also had an exceptional supervisory experience with asbestos abatements performed for the Florida Department of Transportation District IV and VI. Three (3) of his more notable abatement projects include the following: Selective Project Involvement: • Florida Department of Transportation,District VI;Parcel 108,$303,000,Miami,FL • Florida Department of Transportation,District VI;MIC,$744,275,Miami,FL • Florida Department of Transportation,District VI;Parcel 147,$50,714,Hollywood,FL Keirbers Thomas Cross Environmental Services, Inc. P.O. Box 1299 www.crossenv.com 813.783.1688 Crystal Springs,;FL 33524 ces@crossenv.com Experience Mr. Thomas has experience as an asbestos abatement worker / supervisor of more than twenty-five (25) years. His experience with CES includes approximately fifteen (15) years. Mr. Thomas serves as both and Asbestos Supervisor and a Regional Demolition Supervisor. He has supervised most of the FDOT District IV and VI demolition projects in South Florida. Some of his most notable supervisory work includes the following: Selective Project Involvement: • GL Homes,$650,000,Boynton Beach,FL • Florida Department of Transportation,District IV; Various Projects,$1,500,000 • Florida Department of Transportation,District VI; Various Projects,$350,000 22 ■I RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Current Demolition Term Contracts &Service Agreements: Florida Department of Transportation, District I Julia Godwin 801 N Broadway Ave., Bartow, FL 33830 863-519-2786 julia.godwin@dot.state.fl.us SOW: Demolition &Asbestos Abatement Contract No.: BE158 Florida Department of Transportation, District III Heather Banas 1074 Hwy 90, Chipley, FL 32428 850-330-1317 heather.banas@dot.state.fl.us SOW: Demolition Contract No.: D0526 Florida Department of Transportation, District IV Daniel Marwood 3400 W. Commercial Blvd., Ft. Lauderdale, FL 33309 954-777-4242 dan.marwood@dot.state.fl.us SOW: Demolition Contract No.: DNT42 Florida Department of Transportation, District V Florence Fowler 719 S.Woodland Blvd., DeLand, FL 32720-6834 386-943-5088 florence.fowler@dot.state.fl.us SOW: Demolition Contract No.: D0015 Florida Department of Transportation, District VI Idania Barroso 1000 NW 111th Ave., Room 6105-B, Miami, FL 33172 305-470-5435 idania.barroso@dot.state.fl.us SOW: Demolition Contract No.: DO764 23 ■■ RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Florida Department of Transportation, District VII Lonnie Wittmeyer 11201 N. McKinley Dr., MS 7-120,Tampa FL 33612 813-975-6044 lonnie.wittmeyer@ dot.state.fl.us SOW: Demolition Contract No.: D0801 Hernando County Diane Kafrissen 20 North Main Street, Room 365, Brooksville FL 34601 352-754-4020 DKafrissen@hernandocounty.us • SOW: Demolition Contract No.: 18-T00037 Volusia County Kelli McGee 123 West Indiana Avenue, Suite 302, DeLand FL 32720 386-822-5013 SOW: Demolition Contract No.: 16-SQ-52RF City of St. Petersburg • Neal Jones One 4th St N 3rd Floor, Saint Petersburg, FL 33701 727-892-5297 neal.jones@stpete.org SOW: Demolition Contract No.: 203366 24 ■■ 1111RFQ 2018-183-KB CCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Equipment: � Y MODELANFACTURERYEARMU 2000 CAT 307 2004 CASE CX160 2012 JOHN DEER 350-G 2005 CASE CX160 2007 KOMATSU(LONGSTICK) PC200LC 8 2003 CASE CX210 2006 KOLBECO SK330 2005 CASE CX160 2007 KOLBECO SK290 1998 KOMATSU (LONGSTICK) PC340LC-6 2006 CASE CX160 2006 CASE CX160 2006 CASE CX135R 2008 TAKEUCHI (HYDRAULIC) TB125 2013 CASE CX350 2015 LINK BELT 160-3 2017 CASE * CX145D 2017 CASE* CX145D 2015 LINK BELT* 160X3 2006 KOBELCO* SK250LC 2014 KOLBECOW/BUCKET 36" 75SR 2012 KOLBECO 170-9LC 2012 KOLBECO SK170-9 2017 CASE CX145D 2017 CASE CX145D 2006 KOLBECO SK250LC LINKBELT 130LX ' KOMATSU PC360LC-10 DOOSAN DX225LC E-XCAW 1999 CAT 301.5 2002 VOLVO EC55 25 ■■ RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTRI SERVICES,INC. 2014 HYUNDAI* R16-9 2013 HYUNDAI R16-9 2013 HYUNDAI R16-9 2005 KOMATSU 42" PC130-7 KUBOTA KX41-2V 1994 CASE (FORKLIFT) 585E 1997 CROWN (SITDOWN RIDER LIFT TRUCK) 35SCTT 2004 TOYOTA 3000LB FORKLIFT 5FGL10 2006. LULL (TELEHAN/TELESCOPIC FORKLIFT) 6.44E-40 2005 GENIE(TOW BEHIND/ELEC BOOM LIFT) GREEN 1999 GENIE (ARTICULATED BOOM LIFT) BLUE 245/25 6:°+ HER - 2006 EAGLE PORT CRUSHING PLANT 1000- 3305500 15CV* POWER SCREEN CHIEF 1400 TR.;_To 2005. ,CASE 650K LGP SERIES II (DOZER) 1997 JOHN DEER(DOZER) 450G SKIDS R 2011 CASE (COMPACT TRACK LOADER) TV380 2012 CATERPILLAR W/BUCKET 257BHF 2011 BOBCAT S130 2004 CAT 246 246 1999 CAT 236 236 2014 TAKEUCHI TL8 2014 CAT 259D 259D 2015 CAT 259D (WIDE TRACK) 259D 2014 CAT 259D (ENCLOSED CAB) 279D LO D 2012 VOLVO W/BUCKET L-90D 2004 CASE (WHEEL LOADER) 621D 2004 CASE (WHEEL LOADER) 621D 2000 TCM (ARTICULATE LOADER) E820 26 ■■ RFQ 2018-183-KB CE B 0 Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. 2005 VOLVO W/BUCKET(WHEEL LOADER) L60E 2006 HYUNDAI(WHEEL LOADER) HL760-7 BR:.. ' ; • 2016 MONTABERT* 900 2016 MONTABERT* V1800 2016 GEITH* GT-40 • 0 H R 2001 PSI MG618 MOTOR GRADER (30) ROLLOFF OPEN CONTAINERS MAGNUM (MULTI-PROCESSOR SHEER) RPQ30 ROLLOFF WATER TANK#1 ROLLOFF WATER TANK#2 4000 GALWATERTANK R/O 2000 TERMINATOR TILE/CARPET 2018 NATIONAL FLOOR SCRAPER BATTERY 5700DL 2018 NATIONAL FLOOR SCRAPER PROPANE 8000 SUIHE 60X40 DOME CONTAINER STO RAG E SUIHE 20X40 DOME CONTAINER STORAGE INGERSOLL-RAND ELECT AIR COMPRESOR (5) ENCLOSED CONTAINERS (7) ENCLOSED CONTAINERS (1) ENCLOSED CONTAINER (29) 30YRD OPEND TOP CONTAINER (6) 20YRD OPEND TOP CONTAINER (4)40YRD OPEND TOP CONTAINER (7) 30YRD OPEND TOP CONTAINER 2005 CASE 650 650 1997 JOHN DEER 450G 27 U. RFQ 2018-183-KB C E B Citywide Demolition Services • CROSS ENVIRONMENTAL SERVICES,INC. E C►' ',ATOR ' . B T 2013 FLECCO BUCKET 48 SKELETON BKT 54 CAT 320 1.2M3 BKT CAT 320 1.2M3 BKT HYUNDAI .94D BKT R160 HYUNDAI .94D BKT R160 MOD CAT 320 .89YD(TERAN/EMAQ) BKT32039HD FLECCO 30" CX350/TOOTH 9W8452 30 ArTTAG MENTA 2018 HAMMER EXC(BLUE) HM2552 2018 HAMMER EXC(GREEN) BRH125 2012 INDECO HAMMER HP8000 2013 CASE THUMB 36 HYDROLIC THUMB FOR ME RIPPER TOOTH PC 120 OR PC138 2018 HAMMER RK17 (DENSIFIER) RK17 MIDSTEER BUGKE 7LS/GRAPPLE. 84" STOUT/BRUSH GRAPPLE (6"TINE SPACING) 72"STOUT/ROCK BUCKET/BRUSH GRAPPLE (3"TINE SPACING) 66" BUCKET 78" BUCKET 28 ■■ RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTRI SERVICES,INC. # Asbestos Abatement Large Equipment 5 15'Electric Scissor Lifts 1 Gas Powered Telescoping Boom 2 Man Basket Lift 1 Bronco Riding Floor Tile Removal Machine (propane) 2 Terminator Riding Floor Tile Removal Machines (propane) 2 Piranha Walk Behind Floor Tile Removal Machines (propane) 1 Walk Behind Roofing Removal Machine-Plow(gasoline) 2 Walk Behind 2 Bladed Roofing Saws (gasoline) 1 Turbo Wet-Abrasive Blasting Machine Asbestos Abatement Small Equipment 82 2000 CFM Negative Air Machines 21 1000 CFM Negative Air Machines 2 1400 CFM Air Scrubbers 54 15 GAL HEPA/Wet Vacs 4 5 GAL HEPA/Wet Vacs 6 5-15 GAL Wet Vacs 4 55 GAL Wet Vacs 22 Metal Portable Decons 9 Portable Hot Water Heaters 23_ Portable Water Filtering Systems 18 Manometers (Differential Air Pressure Monitors) 31 Personal Air Sampling Pumps 18 Floor Buffers 40 PAPRs 80 Portable Dehumidifiers 9 Portable Generators 4 Gas Powered Cut Off Saws 1 Electric Cut Off Saw 3 Large Electric Chipping Hammers 3 Electric 601b Jack Hammers 1 301b Pneumatic Jack Hammer 1 151b Pneumatic Jack Hammer 5 Portable Electric Air Compressors 1 Portable Gas-Powered Air Compressor 29 RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Asbestos Abatement Miscellaneous Equipment 5 4 Ft Ladders 19 6 Ft Ladders 15 8 Ft Ladders 4 10 Ft Ladders 8 12 Ft Ladders 2 16 Ft Extension Ladders 2 24 Ft Extension Ladders 1 28 Ft Extension Ladder 40 Baker Scaffold Complete 6 Ft Sets 13 Baker Scaffold Safety Rail Sets 84 Outriggers 4 Steel Scaffold Complete 4 Ft Sets 46 Steel Scaffold Complete 5 Ft Sets 6 Steel Scaffold Complete 7 Ft Sets 98 Steel Scaffold Braces 96 Screw Jacks 20 Steel Scaffold Safety Rail Sets PICKUP TRUCK 2007/F-150 2000/F-150 2004/F-250 4DR SVC 2004/F-250 SVC 2006/F-350 CREWCAB, 2003/F-350 2004/F-250 2011/DODGE 2500 2011/DODGE 2500 2015/RAM 2500 H/D 2001/F-350 2006/F-250 SD CREWCAB 2018/CHEVY SILVERADO 2018/CHEVY SILVERADO 2018/CHEVY SILVERADO 2018/CHEVY SILVERADO BOX TRUCK 2006/F-650 2000/F-650 CC 1997/F-450 2015/IZUZU WHITE (LEASE) 30 RFQ 2018-183-KB CE 9 Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. 1993/INTL(BLUE) 1993/INTL 4700 2000/F-650 ASB 2004/F-350 2004/F-350 DUMP TRUCK 1999/INTL 4700 1999/INTL 4700 2006/RED MACK TRI AXLE 2006/PUR MACK TRI AXLE 1999/PETEBLT 1999/VOLVO 2000/VOLVO 2007/ PETERBILT 357 2006/FORD F750XL ROLL OFF 1999/KENWORTH 2000/KENWORTH • 2000/KENWORTH 2003/KENWORTH 2006/VOLVO 2006/VOLVO VANS 2013/FORD 2008/E-350 2004/E-250 2006/E-350 2006/E-350 SD 2006/E-350 2003/E-250 2005/E-350 SERVICE TRUCK 2003/CHEVY C5500 SVC 2007/F-250 SVC , 2006/F-350 4X4 VC , 2003/F-350 SVC 2013/RAM CREWCAB SVC 2013/RAM CREWCAB SVC 2013/DODGE 3500 SVC 2015 /F-250 (LEASE) 2006/F-250 SNGL (fuel tank) 31 RFQ 2018-183-KB CE B - Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. 2013/RAM3500 CREWCAB SVC 2013/RAM CREWCAB SVC SEMI TRANSPORT 2002/KNWRTH TRANSPT(LG) 2003/KNWRTH TRANSPT (SM) 1998/KENWORTH 2001/MAC TRUCK 2012/FREIGHTLINER CA125DC 2012/FREIGHTLINER CA125DC 2012/FREIGHTLINER CA125DC 2012/FREIGHTLINER CA125DC 2012/FREIGHTLINER CA125DC OTHERS 2016/CHEVY SILVERADO 1500 2013/KIA SORENTO 2003/FORD EXCUR BLU 1997/FORD P/U 2013/F-150 BRN/GLD KING RANCH 2017/CHEVY SILVERADO 1500 2014/DODGE 3500 FLAT BED 2018/KIA 2018/KIA EAGER BEAVER 2000/EAGER BEAVER 1999/EAGER BEAVER 25 TN 2004/EAGER BEAVER 2002/EAGER BEAVER(YELLOW) 2005/EAGER BEAVER(BLUE) WATERBUFFALO 2002/HMDE WATERBUFF 2002/HMDE WATERBUFF 2000/DRAGGIN WATERBUFF 2000/DRAGGIN WATERBUFF 2000/DRAGGIN WATERBUFF 2007/WATERBUFF 2004/WATERBUFF 2007/WATERBUFF 2005/WATERBUFF 2006/WATERBUFF 32 ■■ �• RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. CRUSHER 2006/EAGLE CRUSHER 1200 DUMP TRAILERS SEMI END 80CY 2004/ROMC SEMI END 40CY 2006/ROMC 2006/ROGE SEMI END 40CY 2003/LOAD-DUMP 2018/BIG TEX 25 2018/BIG TEX 25 HEAVY TRAILERS 1989 FRUEHAUF SEMILR 2012/PJ CHANNEL 10X77 2005/FONT LOWBOY 55TN 2000/FONTAINE LOWBOY 2003/LANDOLL 25 TON (BLK) 1978/GREAT DANE 1985/FRUEHAUF FLATBED 2005/HOOP YELLOW UTILITY TRAILERS/ENCL 2003/A-OK 2001/HMDE TERMINATOR#1 1996/PACE CARGO 7X22 1997/PACE GOOSENCK 7X22 2006/PACE AMERICAN 5TH WHEEL(SHOP TRAILER) 1999/ULTRA CARGO 7X16 1997/PACE GOOSENCK 7X22 2006/PACE AMERICAN 2003/A-OK(TERMINATOR) 1999/PACE CARGO 7X16 2005/HMDE BOBCAT 1999/PACE CARGO 7X16 1998/PACE 7X16 1998/PACE CARGO 7X16 1999/PACE 7X16 1999/PACE 7X16 1999/PACE 7X16 1999/PACE 7X14 1999/JIM HMDE ENCL 7X14 2003/J FRANCIS ENCLOSED 33 ■■ RFQ 2018-183-KB CES Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. 1982/CROSLET(YELLOW) 2007/PROTRAK GOOSENK 2004/CHE/LM TILTTOP 1983/VT TRAILER 2002/EMERSON 6X10 1996/CARGO 1996/FEATHERLITE 2000/ROLLS RITE TILT 2008/PACE 1996/CRSLY GENERATOR 1987/MONAN 48' DRY BOX 1987/MONAN 48' DRY BOX 1997/PACE 7X14 2008 CTRA TRLR 34 ■■ RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Team: Clyde A. Biston President John Tostanoski Sr.Vice President Scott Millard Tim Grobe Blair Clark Sr. Project Manager Directer of Health &Safety Project Manager Locations: _ p r^ r ... i� 1 . Corporate Office: 14. 39646 Fig Ave C ,„ Zephyrhills,FL 33540 South Florida Branch: - 1 �. 3300 SW 50th Ave Davie, FL 33314 Fort Walton Beach Branch: 144 Air Force St Fort Walton Beach,FL 32547 s North Florida Branch: Wafavbstxe rvir, y�6 Tallahassee,FL 32309 35 ■■ •� RFQ 2018-183-KB CE 9 Citywide Demolition Services CROSS ENVIRONMENTRI SERVICES,INC. Recent/Current Relevant Contracts Title Description Owner Representative Amount Start/ Completion Corvias Poquito/Rudder Demolition and Corvias Military Kathryn Hendrickson 850-613-5035 $1,543,263.50 6/18/2018- Asbestos Abatement; Living kathryn.hendrickson@corvias.com 7/9/2019 117,850sf VAT mastic, 503 Nakina Rd. 26,600sf ceiling scrape Eglin AFB,FL and 100%demolition Corvias HB-D18PJ-CE1 Corvias Military Kathryn Hendrickson 850-613-5035 $340,888.20 3/5/2018- Living kathryn.hendrickson@corvias.com 6/28/2019 503 Nakina Rd. Eglin AFB,FL Jackson Middle School- Demolition of old Orange Co Public Charles Perry Partners,Inc. $104,095.00 7/30/2018- Bldg 10 cafeteria building Schools 200 E.Palm Valley Dr.,Suite 1040 8/30/2018 445 W.Amelia St. Oviedo,FL 32765 Orlando,FL Austin Pella-407-590-6393 austin.pella@cppi.com AUTEC Bahamas Trailer Demolition of 13 mobile Pacific Architects Islands Mechanical Contractor $85,000.00 7/9/2018- Demo homes. and Engineers, 3070 Blanding Blvd. 8/11/2018 Inc. Middleburg,FL 801 Clematis St., Quentin Brown Suite 1 904-406-6100 West Palm qbrown@islandsmechanical.com Beach,FL 513 Morgan Street House Demolition and Apostles Julio Jimenez 813-689-2571 $11,800.00 6/22/2018- Asbestos Abatement Lutheran Church jfjimenez42@aol.com 6/26/2018 of 1100sf transite and 200 Kingsway demolition of 1 house Rd. and 3 out buildings Brandon,FL Bromley Buildings Demolition and Bromley Tampa Barr&Barr $370,000.00 4/16/2018- Asbestos Abatement; Investors Ltd 2002 N.Lois Ave.,Suite 270 6/6/2018 100%demo of a 5 story 120 5th Ave. Tampa,FL office building, Floor 11 Quoc Truong,813-591-4545 New York,NY qtruong@barrandbarr.com Corvias EG-D1790-CE1 Demolition and Corvias Military Kathryn Hendrickson 850-613-5035 $720,808.90 7/31/2017- abatement of 137,889sf Living kathryn.hendrickson@corvias.com 4/27/2018 of military housing 503 Nakina Rd. Eglin AFB,FL Parcel 101 Demolition and Florida Joseph Murphy 813-975-6228 $12,084.05 4/10/2018- Asbestos Abatement; Department of joseph.murphy@dot.state.fl.us 4/19/2018 1365sf small business Transportation, District VII 11201 N. McKinney, Tampa,FL 1st Baptist Church Demolition and 1st Baptist Ward Vansteenborgh 850-248-5000 $8,300.00 4/2/2018- Wright House Asbestos Abatement; Church of propmgr@fbcniceville.org 4/9/2018 180 SF Vat mastic,Ext Niceville Demo 622 Bayshore Dr. Niceville,FL Bok Academy Admin Demolition and Bok Academy Rodda Construction $24,045.00 3/21/2018- Bldg Demo Asbestos Abatement; 13901 US 27 250 E.Highland Dr. 4/2/2018 260 SF Vat mastic,5,800 Lake Wales,FL Lakeland,FL 33813 SF Ext.Demo Danny Roberts 863-669-0990 danny@roddaconstruction.com 36 I. II RFQ 2018-183-KB C E B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. State Certifications and Licenses: l , State of Florida Department of 'tate I certify from the records of this office that CROSS ENVIRONMENTAL SERVICES,INC_is a corporation organizedundderthe laws of the State of Florida,filed on.February 10, 193S_ The document number of this corporation is M67631_ I further certify that said corporation has paid all fees due this office through December 31,2016,that its most recent annual rep. F way onnbusiness report was filed on October 11,2016,and that its statues is active_ I further certify that said corporation has not filed Articles of Dissolution_ Given ur ier any hand and the Great Seal of the,S;tate of Florida at Taihthassee,the Capita,this the Twenty-ninth tray ofM4t'are , 2017 : -ref 1.4e 1.14 ,I? Secretary of State Trot:Ling2lumber_CU-1161947657 To authenticate this ceztificate,wisit the following site,enter this cumber,mud then follow the instrudions&splayed_ hffirrifserticessimbiz_orgifilingsiCertificatethStatlisiCertificatpAtitheuticartati 37 II UI RFQ 2018-183-KB CE S Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. ).,0_,!.'.,. r RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY ' } dbW ' - S TATE OF FLORIDA DEPARTMENT OF BUSINESS-AND-,' 'OFESSIONAL REGULATION CONSTRUCT OI�I ItiDU1-1,,,,,,r ___; .:..TRI GE S G:BOARD .,.: THE GENERAL O T OR.: EINN I CERDDFIE UNDER'THE PROVIS.O�N� F CHAiPTER 489;- 1ORID_STA' UTES , I •• R `4, _ ' 3 6LCRo SS EN IROO ENT L, ER is !'f 1 .,4 E, AVENID . CRVSTTAL SPR i GS' 33524 ` EIVSE�NUMBEI2:C C# 81 EXPIRATION;DATE;' UG,UST 31,2020 Always verify licenses online at MyFlondaLicense com ,+ Do not alter this document in any form '::'-'4' o.: ' . This is your license:It is unlawful for anyone`other than the licensee to use this document i - RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY 11 `- ,e STATE .FLORIDA b DEPARTMENT OF BUSINESS AND PROFESSIONAL-REGULATION-. i t r. .. - . ASBESTOS LICENSING UNIT I .E 1. „ C IC0495J2 .. w 1 �Ll ix The ASBESTOS CONTRACTOR �: ` ` r_Nained•below IS LICENSED .a i\ , Under the provisions of Chapter469 FS _ — I,.Expiration,date NOV 30 2018 _ `� j E. (INDIVIDUAL MUSTMEETALLLOEALLICENSINGS --•,„"c;:•:: --..,",,-,.. ),‘` `' ;I - -.REQUIREMENTS:PRIOR TO CONTRACTING.IN ANY�AREA \` ,: t \.','-,...:',,''S‘.., - 41 r" B-ISTON CLYDE ALAN -1; -: :, '``� `,yti' \\,•,�.` \`, _7k),.:4,: i 0 `\� CROSS ENVIRONMENTAL SERVICES INC. ,::::•:,;\'-''..,','•,,"..•'..'.,',..,` , ' .`"` i� : 39646 FIG,AVENUE ry —4",-c .F.; �` `'` ti . "`'PO:BOX1299a `� 1+. \, aN Nti�,\� i - + l'i �f i" CRYSTAL`-SPRINGS FL33524 x -:`4 yt `t.\,` � k• /r rn l ,,, . y, P""'°' I _j 1 . ,,,`. `m,a \ \\\',,,.\\ `,` T�16 •'* �,1 ISSUED: U IU4/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1508040002279 38 ■■ I. CRFQ 2018-183-KB Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. . - - PP2�J Local Business Tax Receipt Miami-Dade County,State of FloridaT ,LB ; ;,,: -THIS ISNOT AEMI-00 NOT PAY 7172940 . AUSINESS NAHM6fLaCA11aN --- ' - • .-RE.CE6RT.NCC-... - EXPIRES— CROSS ENVIRONMENTAL SWAM iNC RENEWAL ' SEPTEMBER 30, 2018 DOING BUSINESS IN DADE COUNTY 7451994 F.tuat bo displayed ea place of hal-neon • Pursuant to County COL,e • Chaa:erBA-An.9&t0 CWNER - SEC.TYPE OP 8UA1NEES PHI RtY ECEEb (ROSS ENVIRCNALENTA1.SERVICES INC 156 GB1*-RAL BUILDING CONTRACTOR PI TAX COLLCCOR -C/O CLYDE A BISTON FRES CIC062981S?5.G Ogf05/2f}b7 r. - - Woicer(sy i - -CHECK21-17 779625 !--,,. T g tocol Rollo slTeu Hoag arty confirms omens al rho tc-al&tfaiss Tear,The Roselpt Is not a liceve. . p>amlt.,wl g.trOicetEtnel thoWdsrequetlllceliea,todahabit Hada runt comply alb ono ganrawoanter ' srnomld4nmrnr ItgalolaryNasandisg:Jammuyil o; to tee Manta. _ r TEaRECE TNO.abu oma,be611;Scyednoiltwmmerctetvalldw-M1amt-'9n eCodaSacS-flS. . For mom informe:iarr,obit *TMIwni1dPro_oay.■rcotl ,(gt ' - - P caxt31 • -Local Business Tax Receipt Miami-Dade County,State of Florida -THESIS NOT A BILL-00 NOT PAY 7172952 ., ` c OUELNSSSNAM .ac F ATtar.. -- . .-.. RECE317"6.:"'::- - - EXPIRES ._ `-CROSS ENVIRONMENTAL SERVICES INC RENEWAL SEPTEMBER 30, 2018 DOING BUSINESS IN DADE COUNTY 7457958 Mutt bo dLslanynd et place of businetg Pursuant to Calmly Code Cbaptor EA-Art 9&19 OWNER, -' SEC.TYPE OF OUSINCoft PAVM&Nl'itELE7VEfl CROSS ENVIRaNMENTAL SERVICES INC 'M SPECIALTY BUILDING CC�OTRACTOR P.TAT:oL6ECTaa , L";1 Ct'O CL ®E A®15TON,PRES117ENT .i' _CJC049572 . ,S75.00"O9tr05t201 .7 -.-- Warkcetsj--_� I CHECK21=17-890262••- ..,.•. - This I:aceiOwl naesTeaHaalatonly=Winos paymnaclew Lima BUtatUTax.Tho Ea¢al9•ttnot aIto 6m, parzil.oraeariiIicn1lcnalmahalor aq.-ttl(rslbm.ndobwlbaaHoliermustcamplya+itani rn:baU! ' or c:ngarotonertatmanor/lawiandnrabanentswhic6a LTtodraWalnut. ..fiaFiC IPTNO.ninemornETdisplayedanellcnmianslats iciee-Mlemt-IIadaCoilsSeeStd. fa:norefalornalan.vfait. a J 39 I. RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. TAB3 Approach and Methodology 40 ■■ RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Approach and Methodology CES has provided its clients with quality Demolition services over the past three decades.Its clients in the South Florida area include both FDOT District IV and VI,whose demolition projects include the expansion of the elevated roadway for I-395,the 826/836 interchange expansion,the Golden Glades transportation center and the S.R. 997 (Krome Avenue) expansion in South Dade.All of these projects were/are time sensitive and require utilization of all state-of-the-art demolition techniques and methodologies.All projects were completed successfully,on time and within budget. Our approach to demolition projects for the City of Miami Beach would be the same. In preparing a proposal for the city,a detailed scope would be determined.Upon acceptance of the proposal,a detailed implementation plan would be developed in coordination with the City's project personnel to ensure all aspects of the project are considered.This plan would include the project timeline,phasing options,testing options which may need to be worked into the schedule,and details required to complete the demolition process. CES will conform with all the specifications outlined in RFQ 2018-183-KB,Section C3 as they apply to each demolition project presented by the City. Each demolition project will follow standard protocol,which includes address each of the following steps throughout the process. Permitting-All projects will include a building demolition permit,and some or all of the following sub-permits: Plumbing,Electrical,Mechanical, Septic Tanks,UST's,Fencing,DERM 10 Day Notice and Asbestos if required,ROW permit,landscape permit and MOT permits. Cut and Caps-All utility disconnects (gas,water,electricity)will be performed. Recycling/Reuse-All metal and concrete will be recycled or reused as applicable,reducing the actual C&D disposal stream to a minimum.Some comingled materials will be part of the C&D,but every effort will be made to minimize this. Removal of Underground Storage Tanks-All tanks will be pumped,cleaned and removed from the site. Sediment Control-Temporary erosion control will be established and maintained throughout the demolition project.These measures include the use of silt fence,hay bales,filtration cloth and berms/swales established on site to insure sedimentation runoff does not occur. Dust Control-Dust control will also be employed at every site,and the type (water,temporary cover,wind breaks)will be determined in the dust control plan submitted with the permit. Grade and Backfill-All grading and backfill will be performed as specified,using compacted earth to a density of 95%of maximum density(ASTM D-698) and topped with 6 inches of growth sustaining topsoil.Final grading will ensure adequate drainage offsite,and the site will be leveled for mowing.All efforts will be made to use fill from the site,understanding that if import fill is required,it will need to be approved before use. Site Vegetation-All shrubs and trees will be maintained on site,other than those in the immediate footprint of the demolition activities. Hazardous Materials-CES,being in the Environmental Contracting Business,is extremely knowledgeable in Hazardous Material recognition and removal.Should any unknown hazardous materials be encountered,we will suspend work and contact the City project manager for direction. Site Maintenance/Clean up-CES prides itself on maintaining professional sites throughout the 41 RFQ 2018-183-KB CE B Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. demolition process.This includes maintenance of all roadways,sidewalks and adjacent properties. Each day prior to leaving the site,the crew will ensure the site is clean. Storage- No scrap storage will be maintained or sold from any of the demolition sites. Street Closures-Any street closure requirements will include strict adherence to FDOT requirements and be outlined in a M.O.T.plan as required. Public Right of Ways-Any use of adjacent ROW's will be consistent with the Florida Building Code. Power-All power,be it generator or live power source to a panel,will be the responsibility of CES at each project site,as needed. Sanitary Facilities-All sanitary facilities for the project site,as they relate to portable toilets and drinking water,will be supplied by CES for the use of its demolition crews. Utilities-Prior to demolition,all locates will be called to determine what underground utilities are in'the area. CES is aware of the City's position on unknown utilities in the demolition area,and that the City will not be responsible for costs and delays associated with unknow underground conditions. Safety-CES employs a full-time safety officer,and each demolition site has a site-specific safety plan implemented for the project. CES prides itself on its safety record and procedures. Explosives-No explosives will be used in this contract. Emergencies-CES,located in Davie, Florida,can mobilize to any Miami Beach location within 24 hours. CES is aware of the City's Sustainable and Resilient Procurement policy and employs similar procedures in all its demolition practices.Adherence to this policy will be demonstrated in our final submittals to the city, which will include our"Construction and Demolition Debris Management Report",as well as all of our standard,post job submittals. 42 ■■ RFQ 2018-183-KB CESCitywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Appendix 43 ■■ ®n RFQ 2018-183-KB CE 9 Citywide Demolition Services CROSS ENVIRONMENTAL SERVICES,INC. Certificate of Insurance: 9051 A�RD CERTIFICATE OF LIABILITY INSURANCE DATEtralATntrYYY) 72312018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - PI1COUCER CONTACT Certificate Department SPINE Commercial Lines-(813)839-3000 PIfRAE Fax USI Insurance Services National,Inc. a£tt'(813)639 3000 I IA c,Nati .R408EStk clwwcertrequest@usicem 2502 N.Rocky Paint Drive.Suite 400 INSURERISIAFFORCIBS COVERAGE RAC a Tampa.FL 33807 SYSURER A; Starr Surplus Lines Ins.Co. 13804 INSURED arouses 5_Starr Indemnity and Liability Company _ 38318 Cross Environmental Services.Inc. m5tlRERc P.0.Box 1299 — INSURER O: INSURER E= Crystal Springs,FL 33524 WORST r COVERAGES CERTIFICATE NUMBER: 13308627 REVISION NUMBER:See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR t.T500�ISUaR POLICY EFF POLICY EXP R. TYPE OP INSURANCE .1. POLICY NURSER WPM eve CIA' AAA/ LIMITS X COMIrERCIALGEIFRAL LIABILITYEACHCCCLTIRENCE 5 tooacim A X 1000085425181 03/0112018 03@12019-15AT pERYEb^ I CLXMSMAVE I X 100048 - PREM EISEs aemurrerxel $ losers X mu A00•Per PM;VIOCOOT011 Bt1PD Combined LIED EXP IAny es person) S 10,000 X ctruvetua1Uab 55.000DedPerClaim Fe/souks ADvINJURY $ 1¢aEE GENSAGGREBATE UrArAPFLE$PER: GEIERAL AGGREGATE $ 0.001Laus POLICY{x I JECT 1 I LOC PRODUCT$-COMP/OP sea S -'.OTDAre OTHER: S B AUIOM001LE UAIIIUTY X SiSIPCA08322718 031012018 03/01/2019Ea9vaet�nl4 OM♦1WED 51h tELiL117 $ lECOOTO f ANY AUTO _includes MCS 90 BODILY*NJURY{Per perxm) S AUTOS ONLY _AAUTT— QSULED -BODILY L'UURY{Persceo9nC S BRED • x NON.CANED PROPERTY DAMAGE $ AUTOS ONLY —AUTOS ONLY IPeraaw]enn S A UMBRELLA LAD x OCCUR 1000336384181 03/01/2018 03/012019 EACH OCCURRENCE S S.O7a,EaR r—d EXCESS UAB CIJUMS rrAcE ADC4ItEOATE $ smE,Qao I CED 1 x I RETENTIONS Imre 5 WORKERS COMPENSATION 0310'12018x B AND EtIPLOYERu t ram ry r t N 100 0002025 03/01/2019 I STATUTE I ERS ANYPROPRIETOIsPARTNERIEXE1xmVE EL EACH ACCICEND $ tAaa.ma CPFlCE&T4S EEREXCLUDED7 NIA (Nandetory In NMI El.DISEASE-EA EMPLOYEE S lemma Hyu 9.Serrate unQer , DESCRIPT)ON OFCRERATIO;US b,In El.CLS£AS£-POLICY LIMIT 5 1,DDOJJdE A Contractors Pollution Liab 1000065425181 03/01/2018 03/012019 ramereem Landi1,rc4AasEach moue comm. 55.000 Ded.Each Claim Na Menet Cmue Ayarep:e raided— I OESCRIPTICN OF OPERATIONS I LOCATIONS{VEHICLES IACCRD.151,Add-Modal Remarks Schedule,eery be attached if mom space is required] RE:RFO 2018-183-KB for Citywide Demolition Services Certificate holder 8 those required by written contract are named as additional insured as it relates to general liability per forms CG2010&CG2037&automobile liability per form CA2048.when required by written contract and in accordance with the terms and conditions of the policies. Certificate holder is provided 30 days notice of cancellation in accordance with the terms and conditions of the general&ability policy. CERTIFICATE HOLDER CANCELLATION City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1700 Convention Center Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 3rd Floor . Miami Beach.FL 33139 AUTHORIZED REPRESENTATIVE 9i /_ The ACORD name and logo are registered marks of ACORD J 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) 44 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX E Insurance Requirements: . 2018-183-KB Citywide Demolition Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2018-183-KB 38 • APPENDIX E • Insurance Requirements r. • 2018-183-KB Citywide Demolition Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2018-183-KB 38