Contract with Chin Diesel, Inc. 2_ - 3obzu
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MASTER CONTRACT CA _aC
THIS IS A CONTRACT, by and between the City of Miami Beach, a municipal corporation
of the State of Florida ("City"), and Chin Diesel, 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 AVALUE 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.
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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.
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' 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 forone year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%) of the
Contract sum, or an additional bond shall be conditioned that Contractor will, upon
notification by City, correct any defective or faulty work or materials which appear
within one year after Final Completion of the Contract.
3.3.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be
amended from time to time, Contractor shall ensure that the bond(s) referenced
above shall be recorded in the public records of Miami-Dade County and provide
City with evidence of such recording.
3.4 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,
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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,
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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.
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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 inthe 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:
Chin Diesel, Inc.
1820 Northeast 144 Street
North Miami, FL 33181
Attn: Leon C. Chin-You
Phone: 786-229-3336
Email: Ieonachindiesel.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 all persons delivering the services required by this Contract
have the knowledge and skills, either by training, experience, education, or a combination
thereof, to adequately and competently perform the duties, obligations, and services set
forth in the Scope of Work and to provide and perform such services to City's satisfaction
for the agreed compensation.
Contractor shall perform its duties, obligations, and services under this Contract in a skillful
and respectable manner. The quality of Contractor's performance and all interim and final
product(s) provided to or on behalf of City shall be comparable to the best local and
national standards.
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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
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intentional wrongful misconduct of Contractor and persons employed or utilized by
Contractor in the performance of this Agreement.
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 properlyrestored at Contractor's
expense.
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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 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 CO, 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,
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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; ander(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.
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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;
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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:
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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.
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IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
above written.
ATTEST: THE CITY OF MIAMI BEACH
JJ1.-7 Ili bul
City Clerk Mayor
ATTEST: CHIN DIESEL, IN
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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 j
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.
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• 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 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 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
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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 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 result of the contractor's actions. Ifadditional 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;
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(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.
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EXHIBIT B
CONTRACTOR SERVICE ORDER
Contractor Service Order No. .
TO:
PROJECT NAME: Prosect Name
DATE:
SCOPE OF SERVICES:
Per attached proposal dated -, to be considered part of this Agreement. •
Estimated calendar days to complete this work: Days
Original Service Order Amount: $
Change Order_to Service Order Amount:
(ALL CHANGE ORDERS MUST BE APPROVED IN WRITING
BY THE CITY PRIOR TO THE WORK.). •
Total From Previous Change Orders to Service Orders:
Fee for this Service Order is Lump Sum/Not to Exceed amount
of: -
Total Agreement to Date: $
City's Project Administrator Date
Department Director Date Contractor Date
City Manager Date
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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
representativato 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, as 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, or a portion thereof, is at a level of completion in substantial compliance
with the Contract Documents such that all conditions and requirements of
permits and regulatory agencies have been satisfied and the Work is sufficiently
complete in accordance with the Contract Documents so the Project is available
for beneficial occupancy by City. A Certificate of Occupancy or Certificate of
Completion and/or other authorization from the City acceptable to Contract
Administrator must be issued for Substantial Completion to be achieved;
however,the issuance of a Certificate of Occupancy or Certificate of Completion
or the date thereof are not to be determinative of the achievement or date of
Substantial Completion.
1.27 Surety: The surety company or individual which is bound by the,performance
bond and payment bond with and for Contractor who is primarily liable, and
which surety company or individual is responsible for Contractor's satisfactory
performance of the work under the contract and for the payment of all debts
pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.28 Work: 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.
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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.
0 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 Applications 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 except with the written consent of Consultant, unless the
superintendent proves to be unsatisfactory to Contractor and ceases to be in its
employ. The superintendent shall represent Contractor and all directions given to
the superintendent shall be as binding as if given to Contractor and will be
confirmed in writing by Consultant upon the written request of Contractor.
Contractor shall give efficient supervision to the Work, using its best skill and
attention.
15.2. Daily, Contractor's superintendent shall record, at a minimum, -the following
information in a bound log: the day; date;weather conditions and how any weather
condition affected progress of the Work; time of commencement of work for the
day; the work being performed; materials, labor, personnel, equipment and
subcontractors at the Project site; visitors to the Project site, including
representatives of Consultant; regulatory representatives; any special or unusual
conditions or occurrences encountered; and the time of termination of work for the
day. All information shall be recorded in the daily log in ink. The daily log shall be
kept on the Project site and shall be available at all times for inspection and copying
by City and Consultant.
15.3. The Contract Administrator, Contractor and Consultant shall meet at least weekly
or as determined by the Contract Administrator, during the course of the Work to
review and agree upon the work performed to date and to establish the controlling
items of work for the next two weeks. The Consultant shall publish, keep, and
distribute minutes and any comments thereto of each such meeting.
15.4. If Contractor, in the course of prosecuting the Work, finds any discrepancy
between the Contract Documents and the physical conditions of the locality, or any
errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's
duty to immediately inform Consultant, in writing, and Consultant will promptly
review the same. Any work done after such discovery, until authorized, will be
done at Contractor's sole risk.
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
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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
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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 brawings:
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.
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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 expehse 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:
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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
issued, City reserves the right at its sole option to either terminate the Contract as
it applies to the items in question and make such arrangements as may be deemed
necessary to complete the disputed work; or submit the matter in dispute to
Consultant as set forth in Article 13 hereof. During the pendency of the dispute,
and upon receipt of a Change Order approved by City, Contractor shall promptly
proceed with the change in the Work involved and advise the Consultant and
Contract Administrator in writing within seven (7) calendar days of Contractor's
agreement or disagreement with the method, if any, provided in the Change Order
for determining the proposed adjustment in the Contract Price or Contract Time.
38.4. On approval of any Contract change increasing the Contract Price, Contractor shall
ensure that the performance bond and payment bond are increased so that each
reflects the total Contract Price as increased.
38.5. Under circumstances determined necessary by City, Change Orders may be
issued unilaterally by City.
39. Value of Change Order Work:
2
39.1. The value of any work covered by a Change Order or of any claim for an increase
or decrease in the Contract Price shall be determined in one of the following ways:
39.1.1. Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of
items involved. -
39.1.2. By mutual acceptance of a lump sum which Contractor and City
acknowledge contains a component for overhead and profit.
39.1.3. On the basis of the "cost of work," determined as provided in Sections
39.2 and 39.3, plus a Contractor's fee for overhead and profit which is
determined as provided in Section 39.4.
39.2. The term "cost of work" means the sum of all direct costs necessarily incurred and
paid by Contractor in the proper performance of the Work-described in the Change
Order. Except as otherwise may be agreed to in writing by City, such costs shall
be in amounts no higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the costs itemized in
Section 39.3.
39.2.1. Payroll costs for employees in the direct employ of Contractor in the
performance of the work described in the Change Order under
schedules of job classifications agreed upon by City and Contractor.
Payroll costs for employees not employed full time on the work covered
by the Change Order shall be apportioned on the basis of their time
spent on the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which 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 extensionof 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 provisionshall
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
any time extension as provided in Article 40 hereof.
Failure of Contractor to comply with Article 40 hereof as to any particular event of
delay shall, be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable when (i)
the delay extends the Contract Time, (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 activeinterference 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 numbers 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 forestablishing 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 period of three (3) years following Final Completion of the Project.
During the Project and the three (3) year period following Final Completion of the Project,
Contractor shall provide City access to its books and records upon seventy-two (72) hours
written notice.
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 emergency treatment in case of overexposure.
d. The emergency procedure for spills, fire, disposal, and first aid.
e. A description in lay terms of the known specific potential health risks posed by the
toxic substance intended to alert any person reading this information.
f. The year and month, if available, that the information was compiled and the name,
address, and emergency telephone number of the manufacturer responsible for
preparing the information.
58. Environmental Regulations:
The City reserves the right to consider a Bidder's history of citations and/or violations of
environmental regulations in investigating a Bidder's responsibility, and further reserves
the right to declare a Bidder not responsible if the history of violations warrant such
determination in the opinion of the City. Bidder shall submit with its Bid, a complete history
of all citations and/or violations, notices and dispositions thereof. The nonsubmission of
any such documentation shall be deemed to be an affirmation by the Bidder that there are
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 thatif 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
MIAMI _
City of Miami Beach,1700 Convention Center Drive,Miami Beach, FL 33139,www.miamibeachfl.gov
CfP WIratllvPROV-YnLt` ( =11
$30547&70771i,goimg iamil3eoc fl .o
[MONTH, DAY, YEAR] Sent Via E-mail and Certified Mail
#XXXX XXXX XXXX XXXX XXXX
FIND Nam
ddre, s
Sta e art
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 i2 day of D'C?h/62(2018.
jam
pan Gelber, Mayor
ATTEST:
4a4 %%%%%%%%%%%%%%%%
Ra ael E. :nado, City C -rk .. ' •••.!0 S
*lNCORP ORATED
c•
G �3
APPROVED AS TO
FORM &LANGUAGE
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TAAGENDA\2018\12 December\Procurement\RFQ 2018-183-KB Demolition Services\RFQ-2018-183-KB Demolition
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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 Citywide Demolition Services for the Building
Department, primarily for those structures ordered to be demolished by the Unsafe Structures Board.
For approdmately four(4)years (July 29, 2014 through July 28, 2018), the City has contracted with
several contractors to provide these services. Thefinal 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 Avelos, 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
A Attachment A Scoring and Ranking
Page 350 of 1751
Request for Qualifications(RFQ)No.2018. c c c Low c
Adrian Avalos ;� Daniel Cevallos 2 Antonio Gonzalez x
183•KB for Citywide Demolition Services e c e A9gregete
trui re Totals a
Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal Qualitative Quantitative Subtotal
The BG Group LLC 92 0 92 1 95 0 95 1 98 0 98 1 3 1
Cross Environmental services.Inc. 85 0 _ 85 3 94 • 0 94 2 89 0 89 2 7 2_
Carol=Real Group Inc DOA Alpha Wreoking 90 0 90 2 93 0 93 4 83 0 83 5 11 3
Chin Diesel,inc. 85 0 85 3 92 0 92 5 88 0 88 3 11 3
Persson Construction Unlimited 65 0 65 6 94 0 94 2 75 0 75 7 15 5_
Miami Mocking 65 0 65 6 87 0 87 6 84 0 84 4 16 6
Thunder Demolldon 70 0 70 5 84 0 84 7 82 0 82 6 18 7
Quantitative Points
Proposer Veteran's Points
Camino Roel Group Inc.DBA Alpha Wrecking 0
Chin Diesel.Inc. 0
Cross Environmental Services,inc. 0
Wand Wrecking - 0
•
Paragon Construction Unlimited 0
The BO Group LLC 0
Thunder Demolition 0
•
/
Page 351 of 1751 •
ATTACHMENT B
SOLICITATION (RFQ)
AND ADDENDUMS
' f
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
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 _ -
Miarrii Beach, Florida33139
Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow
for traffic orother 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 its bid considered.
1. Proposer must possess a.Miami-Dade County Demolition Contractor License or a
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
RafaelGranadot 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 RFQ are requested to complete
and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a
proposal.
Sincerely,
/
Alex Den/ s _
Deni/8
Procurement Director
/
,
,
2 ADDENDUM NO.5
RFQ 2018-183-KB
FOR CITYWIDE DEMOLITION SERVICES
MIM!(( i
.
City of Miami Beach,1755 Meridian Avenue, 3rd Floor,Miami Beach, Florida 33139,www.miamibeachfl.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:
. i
•
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.
11. REVISION. C1. 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.
lll. 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-K13
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
RafaelGranadoCa�miamibeachfl.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 I
Alex renis
Pro u,- Director
•
2 ADDENDUM NO.4
RFQ 2018-183-KB
FOR CITYWIDE DEMOLITION SERVICES
\ 1
I1)
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 tothe 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'd Floor
Miami Beach, Florida 33139 i
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.
I. • - . • ► 1 ' • i I 1 1 ► ►1 51 . I - • • 1 • • 1 • 1 - V 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@miamibeachfl.aov..
Procurement Contact: Telephone: Email;
Kristy Bada 305-673-7000,ext.6218 kristybada@miamibeachfl.gov
Proposersare reminded to acknowledge receipt of this addendum as part of your REQ 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 ADDENDUM NO.3
RFQ 2018-183-KB
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 2018483-KB
FOR CITYWIDE DEMOLITION SERVICES
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.
\�e7:�1:[��l��ill�[r1_1.1.1 ►1•hl�ri�+►9t��K•7r!rri1,8N�.91e7�[.y�.��iZ�I11 .��[eP►E.`�:7�.��►�/�.�
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 anmiamibeachfl.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
1 ADDENDUM NO.2
s RFQ 2018-183-KB
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. 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
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.
Any questionsregarding this Addendum should be submitted in writing to the Procurement Departmentto the
attention of the individual named below, with a copy to the City Clerk's Office at RafaelGrahado(a�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 notto 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,
ARAlex Denis
Procurement Director
ADDENDUM NO.4:
RFQ 2018-183-KB
FOR CITYWIDE DEMOLITION SERVICES
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:
MIAMEBEACH
KRISTY RADA, CONTRACTING OFFICER III
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139
305:673.74901 KRISTYBADA@miamibeachfl.gov I 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
•
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, conditionsand obligations of the
Proposer and,subsequently,the successful proposer(s)(the"contractor[sj")if this RFQ results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notificatibn 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 demolitionneeds 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 serveas 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
MIAMI BEACH
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 Bada 305-673-7490 kris bada• miamibeachfl.•ov
dditionally.;.the City Clerk is to:be.copied on.aU communications:via e=mail,at:RafaelGranado @miamibeachfl.gov;
i7r ctia 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,3rd Floor
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information„ but is not
mandatory. Proposers interested in participating in the Pre-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
J
1
A IAMI 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 be solely
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 writing to the Procurement
Contact named herein with a 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 belound on the City Of Miami Beach website:
httb:f/www.miamibeachfl.aov/city-hal l/orocu rement/orocurement-related-ordinance-and-procedures/
• CONE OF SILENCE CITY CODE SECTION 2486 •
• 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 BENEFITS 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
111
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 lobbyist laws. 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 ace 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, pleasecall 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 PublicPurchase.
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.
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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 Managerwho 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 toenter 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 withdrawits 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
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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 atthe 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. Incompliance 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 fromthe 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.
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. ,
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29. COPYRIGHT, PATENTS&ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach,
Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost
and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If
the 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.
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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(experienc ) in making,an
award that is:in 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 demonstratea 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
of 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 optionof 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-needed basis
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 shallbe 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
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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, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain publicrecords 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 recordsthat are
exempt or confidentialand exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with theinformation 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.
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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, oragent of the City,forthe 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 l 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$50,000or 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.
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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
be considered late and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays,natural or otherwise. V
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 1: . 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. I
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.°' r:'• V 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 project thatthe 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 relevantexperience shall exemplify their experience with demolition services, recycling
and/or reusing demolitionmaterial,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.
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TAB 3 Approach and Methodology
. I
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
. I
• 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://supplierportal.dnb.comlwebapp/wcs/stores/servlet/SupplierPortal?storeld=11.696
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.
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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 dans 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
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{
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 important to note that the Evaluation Committee will score the qualitative portions of
the Statement of Qualifications only..The Evaluation Committee does not makean 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 materiallymeets 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 conductinginterview sessions.
µ.Step 1-Quaiitative.Criteria. ', y ,
: u w Maximum Points
Proposer Experience and Qualifications 70
Approach and Methodology 30
4: TOTAL•AVAILABLE STEP(POINTS`: `' 1.00•.
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-Quantitative,Criteria. ; ,?; y, Maximum Points
Veterans Preference 5
TOTAL AVAILABLE STEP'2 POINTS 5
RFQ 2018-183-KB 16
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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
z Ste. 1 Points 82 76 80
Committee- Ste.2 Points 22 15 12
=,Member 1 Total 104 91 92
Ste. 1 Points 79 85 72
Committee';
Ste•2 Points 22 15 12
1::::;:.3.,14,04iiiiiei215 Total 101 100 84
7 F
Ste• 1 Points 80 74 66
:Committee
Ste•2 Points 22 15 12
\j1ember.?..,••••:.f Total 102 89 78
Lim Aggregate Score - 3 . 7 • 8
Final Ranking'` , .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.
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RFQ 2018-183-KB •
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APPENDIX A
1 E x 4t m 9 y Y 5,
41.
Respohse Certification ,
Questionriaire . & : • ,
Requirements Affidavit
2018-183-KB
Citywide Demolition Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFQ 2018-183-KB 18
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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.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS: •
CITY:
STATE: ZIP CODE: i
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:. '
ACCOUNT REP TELEPHONE NO.: ' ' •
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s),including but not limited to:any firm or principal
information, applicable licensure, resumes of relevant individuals, clientinformation; financial information, or any information the City
deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
mar
RFQ 2018-183-KB 19
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 names)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. Proposersmustalso 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)Contacts Email and 6)Narrative on Scope of Services Provided.
4. Suspension,Debarment or Contract Cancellation. Has Proposer ever beendebarred, suspended or other legalviolation, or
had a contract cancelled2due to n on-performance b an public sector agency?
YES NO
SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasonsthat led to
action(s). l
5. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all
sanctions,as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance.
SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(including your sub-consultants)with a controlling
financial interest as defined in solicitation.For each individualor entity with a_controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
6. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with
its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to
comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and
ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code.of Business
Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code
of Ethics,available at httpa/www.miamibeachfl.govlcity-halllorocurement!
RFQ 2018-183-KB 20
1\,11AMI BEACH
7.
-
benefits,
i ■ . _ • _ u 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 calendarwork 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 httpa/www.miamibeachfi.govlcity-hall/procurement/procurement-related-ordinance-
and-procedures/
RFQ 2018-183-KB 21
MIAMI BEACH
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 convictedvendor 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 shah not enter into any contract resulting from a
competitive solicitation, unless the proposer certifies in writing that the business has adopted and.employs written policies,
practices,and standards that are consistent with the City's Fair Chance Ordinance,set forth.in Article V of Chapter 62 of the City
Code("Fair Chance Ordinance"), and which, among other things,(i) prohibits Citycontractors, 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 witha 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 andstandards 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 off 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 Addendumsection 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 Confine 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
MIAMI BEACH
- Y; DISCLOSURE AND DISCLAIMER SECTION.
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience.
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award, or in
failing or refusing to make any award pursuant to such Statement of Qualifications,or in cancelling awards,or in withdrawing or cancelling
this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City.
In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications;may accept or reject
Statement of Qualifications,and may accept Statement of Qualifications which 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 is accurate and complete.The City does not provide any assurances as to the accuracy of
any information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals
should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any
warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made
by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration,
negotiation,or approval.
The City shall have no obligation or liability with respect to thissolicitation,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 documents shall be
subject to disclosure as required by such law.All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate
to substantiate or supplement information contained in the Statement of Qualifications,and authorizes the release to the City of any and all
information sought in such inquiry or investigation.Each Proposer certifies that the information contained in the Statement of Qualifications
is true,accurate and complete,to the best of its knowledge,information,and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto,
or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated
damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and
Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that
the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
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.
{
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
II
7
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 andacknowledged 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
4.4.4,
j(
" No Bid " Form.
2018-183-KB
Citywide Demolition Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3rd Floor
Miami Beach, Florida 33139
o '
;ttTiiiso�ci ci�tii cpt tpeac e� ocider nai ecspffiorande rec c. eotif cctiocne-
s bmsos,tnot o tdo-rap-etc ndsu
ovides'c tit o Na. Bid ` Thel ‘ trte ro€ oB� p
sow improve -pro
a re to submit a " tate tkdt ids' may°mresult i gat being'notified
sof' . r bliditatio by,t re • x g°`
25
RFQ 2018-183-KB
MIAMI 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#2018-183-KB
1755 MERIDIAN AVENUE, 3'd FLOOR
MIAMI BEACH, FL 33139
RFQ 2018-183-KB 26
•
APPENDIX•
•
C
•
t _. . a
•
, i
Minimum- Requirernehts
&
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
Cl. 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 serveas 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 I 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 contractors 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.
l '
• 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 inor 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 necessaryto 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.
- i
• 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 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 contractors plant or equipment, or for any other use by the
contractor,shall be provided by the contractor's 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 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
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 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 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 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 outof danger and to safely divert them around the
project area.
The contractorshall 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
MIAMI BEACH
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 toa 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
•
.�
Special Conditions
2018-183-KB
Citywide Demolition Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFQ 2018-183-KB 34
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, andshall 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 witha.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.
VIMIMMENESM
RFQ 2018-183-KB 35
MIAMI BEACH
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 ITB shall 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;
attempted homicide; rape child molestation; extortion; terrorism or terrorist threats; kidnapping; assault;battery; and
illegal weapon possession, sale or use. The contractor shall defend, indemnify and hold. the City, its officers,
employees, and agents harmless from and against any and all liability, loss, expense (including reasonable
attorneys'fees)or claims for injury or damages arising out of its failure to comply with this requirement.
7. Indemnification. Provider shall indemnify and hold harmless the Cityand its officers, employees, agents and
instrumentalities from any and all,liability, losses ordamages, 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 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 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
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
•
1
APPENDIX E
AA1t
E H
4
Insurance Requirements
•
2018-183-KB
Citywide Demolition Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFQ 2018-183-KB 38
•
M I AAA I E ,.44, C H
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to III
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 aswritten 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 theproposal 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 2
Ronda Department of State DIVISION OF CORPORATIONS
1)1701011?f
, r .t
5!L .OrC�' PJ.�ArIDI (�
an uifiriai Since of Florida tvebiice
Department of State / Division of Corporations / Search Records / Detail By Document Number I
Detail by FEI/EIN Number
Florida Profit Corporation
CHIN DIESEL, INC.
Filing Information
Document Number P01000016055
FEI/EIN Number 65-1077166
Date Filed 02/13/2001
State FL
Status ACTIVE
Principal Address
9861 NW 3RD ST.
PEMBROKE PINES, FL 33024
Changed: 02/28/2003
Mailing Address
1820 NE 144TH ST
NORTH MIAMI, FL 33181
Changed: 03/06/2012
Registered Agent Name&Address
CHIN-YOU, LEON C
9861 NW 3RD STREET
PEMBROKE PINES, FL 33024
Name Changed: 07/07/2009
Address Changed:02/28/2003
Officer/Director Detail
Name&Address
Title P,D
CHIN-YOU, LEON C
9861 NW 3 ST.
PEMBROKE PINES, FL 33024
Title VP
WINGERTER, ROGER A
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqui... 7/2/2019
Detail by FEI/EIN Number Page 2 of 2
1711 Kenilworth St
SARASOTA, FL 34321
Annual Reports
Report Year Filed Date
2017 01/09/2017
2018 01/11/2018
2019 02/04/2019
Document Images
02/04/2019—ANNUAL REPORT View image in PDF format
01/11/2018—ANNUAL REPORT View image in PDF format
01/09/2017—ANNUAL REPORT View image in PDF format
03/03/2016—ANNUAL REPORT View image in PDF format
04/03/2015—ANNUAL REPORT View image in PDF format
01/07/2014—ANNUAL REPORT View image in PDF format
01/21/2013--ANNUAL REPORT View image in PDF format
03/06/2012—ANNUAL REPORT View image in PDF format
03/16/2011—ANNUAL REPORT View image in PDF format
04/13/2010—ANNUAL REPORT View image in PDF format
07/07/2009—ANNUAL REPORT View image in PDF format
03/23/2009—ANNUAL REPORT View image in PDF format
01/06/2008—ANNUAL REPORT View image in PDF format
01/09/2007—ANNUAL REPORT View image in PDF format
02/13/2006—ANNUAL.REPORT View image in PDF format
05/03/2005—ANNUAL REPORT View image in PDF format
03/16/2004—ANNUAL REPORT View image in PDF format
02/28/2003 ANNUAL REPORT View image in PDF format
04/22/2002--ANNUAL REPORT View image in PDF format
02/13/2001—Domestic Profit View image in PDF format
Fionda Department of State,Division of Corporations
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inqui... 7/2/2019
RESPONSE TO
REQUEST FOR QUALIFICATIONS
CITYWIDE DEMOLITION SERVICES
ITB NO.: 2018-183-KB
Prepared For:
MIAAAIBEACH
City of Miami Beach
Procurement Department
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Due August 20, 2018, 3:00 P.M.
► 1 i 4
'SO
MI11 1;
Ilii DIESEL, 1 ',
I1
\( i t DIESEL, �
Tabi
Cover Letter
Minimum Qualification
Req uirements
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
WNW
glaST
DILL ' 'd
TABLE OF CONTENTS
Section Title Page No(S
Tab 1 Cover Letter and Minimum Qualifications Requirements 1
Identification Page 2
Table of Contents 3
Tab 1.1 Letter of Qualification and Experience of Team 4
Tab 1.2 Response Certification,Questionnaire& Requirements Affidavit 5-12
Tab 1.3 Minimum Qualifications Requirements 13-20
No Bid Form 21-22
Tab 2 Experience& Qualifications Cover 23
Tab 2.1 Qualifications of Proposing Firm 24-27
Tab 2.2 Qualification of Proposing Team 28-35
Tab 3 Approach and Methodology 36-43
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
C DIESEL IN Q
r
Section I Identification Page
Name of Bidder: Chin Diesel, Inc.
Address: 1820 NE 144th Street,North Miami, Florida 33181
Contact Name: Leon C. Chin-You
Email: Leon@Chindiesel.com
Phone Number: (786)229-3336
Fax Number: (305) 949-1328
Tax ID: 65-1077166
DUNS: 09-963-9051
Corporation Status: S-Co ' orid.
Contracting Officer: -
Leon C. Chin-You July 11, 2018
President
1820 NE 144t Street,North Miami, Florida 33181
Phone: (786)229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
. 11111111'
w: /[i DIESEL IN.j1{c
Tab 1.1 Letter of Qualification and Experience of Team
July 26, 2018
City of Miami Beach
Procurement Division
1755 Meridian Avenue
Miami Beach, Florida 33139
Attn: Procurement Services
RE: REQUEST FOR QUALIFICATIONS—RFQ 2018-183-KB
CITYWIDE DEMOLITION SERVICES
To Ms Kristy Bada:
In accordance with the Request for Qualification No.: RFQ-2018-183-KB for Citywide Demolition
services, CHIN DIESEL, INC. (CDI) is pleased submit our letter of interest and subsequent
qualifications pursuant to the City of Miami Beach's request. CHIN DIESEL, INC. is a professional
construction services firm, specializing in demolition that was established in 2001 that is dedicated to
providing high quality professional service in a timely manner at competitive rates. We maintain a
superior reputation in terms of Dependability, Quality and Professionalism and have been acknowledged
as an up and coming demolition contractor in South Florida. If given the opportunity, we will work
diligently to earn the City's trust and respect by delivering consistently professional and timely
completion of the City's projects. CDI has the immediate staffing ability to provide all of the requested
demolition services for this project and has been providing similar services to other municipalities for
the past 5 years.
Chin Diesel,Inc is a certified CBE/SBE/CSBE and DBE minority small business enterprise. We are
fully licensed and insured to provide services in the tri-county area. Chin Diesel,Inc maintains
relationships with many construction and professional service firms to provide total customer care and
job completion. Thanks to our excellent client base we have been steadily growing, expanding our
operations,now having varied specialty equipment and more being built to accommodate south Florida's
geology, these machines are self contained, easily transported and require minimal set up, adding to our
advantage over other companies.
1820 NE 144`h Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
77, -2-7_,
SHIN DIESEL YET er r
Tab 1.1 Letter of Qualification and Experience of Team
City of Miami Beach
RFQ 2018-183-KB
We have carefully reviewed the submittal requirements and Chin Diesel, Inc. can meet or exceed all of
the minimum bidder requirements and qualifications necessary to perform the outlined scope of services.
We actively maintain a fleet of five (5) dump trucks as well as various pieces of heavy equipment. We
are currently providing demolition contract services to various municipalities that include Miami-Dade
County, City of Pompano Beach and The City of Miami and to foundation contractors such as Ebsary
Foundation Company and Betancourt Construction, Inc. and to demolition contractors such as Saint
Lucie Wrecking and Thunder Demolition for concrete disposal and auger cast spoils disposal removal
and debris hauling. We provide contract aggregate, mason sand and screening deliveries for Crown
Pavers, Charleville Development Corporation and Professional Builders of South Florida on an as
needed will call basis.
Chin Diesel, Inc.has adequate resources and industry connections to provide prompt,timely,consistent
service at reasonable and highly competitive prices. We maintain active affiliations with the disposal
industries as well as with material testing laboratories to ensure a quality product that complies with
project specifications.
CDI currently maintains all required insurance limits as outlined in the insurance checklist as provided
in the ITB and maintains all required occupational and specialty licenses for our business. We have also
sent out Performance Evaluation Letter and Survey as requested to be faxed to the procurement
department ahead of time in accordance with the ITB instructions.
Thank you for the opportunity to submit this bid package. Should you require further information or
have any questions,please do not hesitate to contact me directly at(786)229-3336 or via email:
Leon@Chindiesel.com
Yours ( 1 ,
e
Leon C. Chin-You
President
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
4
miff I
DIESEL
Tab
ResponseCertification,
Questionnaire
Req uirements Affidavit
(Appendix A)
1820 NE 144t Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
APPENDIX A
MIAMI bLAL:
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
SoYcitation 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: C ' - ')I�SEi , t iN L
NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES:
17
t- lZ.
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS
/(H/EADQUARTERS): (S� E 144
ST
CITY: t4• (MI AIM I
STATE: t':y p�211:4 ZIP CODE: ( o• f
TELEPHONE Na: W^-71..t) nt; 2,713
. 3 g�
TOLL FREE NO.: ((s(p
FAXNO.: OS-, 4e?• ( 3,.g
FIRM LOCAL ADDRESS: 8. W^ 1J IVC IT/C3
CITY: (L("
r+ frVKA
j J
STATE l L_ ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.: —��t ZZ s 2 I
ACCOUNT REP TOLL FREE NO.: l� 7�J
ACCOUNT REP EMAIL: l.tV'�a e Gt7vi
FEDERAL TAX IDENTIFICATION NO.:
(071 1!oCo
The City reserves the right to seek additional information from proposer or other source(s),including but not limited to:any firm or principal
irforrnaticn, 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-K8 19
MIAMI BEACH
Veteran Owned Business.Is Proposer claiming a veteran owned business status?
IYES 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%1 percent or more in
the Proposer entity or any of its affiliates. r/00 6
SUBMITTAL REQUIREMENT:Proposers must disclose the name(s)of any officer,director,agent,or immediate family member
(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name
of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any
of its affiliates p-
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: Fur each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided.
4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred,suspended or other legal violation, or
had a contract cancelled due to non-performance by any public sector agency?
j
YES I ?4, I NO
SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
5. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all
sanctions,as prescribed therein,including disqualification or their Proposals,in the event of such non-compliance.
SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(including your sub-consultants)with a controlling
financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
6. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics("Code)and submit that Code to the Deportment of Procurement Management with
its proposaVresponse 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:l/www.miamibeachfl.gov(city-hall/procurement/
RFQ 2018-183-KB 20
MIAMI BEACH
7. _ : -
. ... . .• . . . ..
benefits,
::•:•'.. ... , + : ,Y. •.. . ....
benefits,
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
tf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,mere are no insurance
providers in your area willing to offer domestic partner coverage)you may ba 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 http:/lwww.miamibeachfl.qov/city-halllprocurementlprocurement-related-ordinance-
and-procedures!
RFQ 2018-183-KB - - 21
MIAMI BEACH
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 aonvicted vendor list.
10. Non-Discrimination. Pursuani.to City Ordinance i'o.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 itis 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 shall not enter into any contract resulting from a
competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies,
practices,and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City
Code('Fair Chance Ordinance'),and which, among other things, (i) prohibits City contractors, as an employer,from inquiring
about an applicant's criminal history until the applicant is given a conditional offer of employment (ii) prohibits advertising of
employment positions with a statement that an individual with a criminal record may not apply for the position,and(iii)prohibit
placing a statement on an employment application that a person with a criminal record may not apply for the position.
SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer
certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees
to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any
breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the
immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity.
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.
trNel to Contort, I ( tnitlel to Confirm I I initial to Confers
Receipt Receipt Receipt
LC Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4I Addendum 9 Addendum 14
, Addendum 5 , i Addendum 10 f l Addendum 15
if additional confirmation of addendum is required,submit under separate cover.
RFQ 2018-183-KB 22
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 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.
Fullowing submission of Statement of Qualifications, the appiicare agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals.It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of
any information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals
should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any
warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made
by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration,
negotiation,or approval.
The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will
be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is
totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to
the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of
Qualifications.
This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance
only,and does riot 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,o;for no
reason,without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and at Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law.All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate
to substantiate or supplement information contained in the Statement of Qualifications,and authorizes the release to the City of any and all
information sought in such inquiry or investigation.Each Proposer certifies that the information contained in the Statement of Qualifications
is true,accurate and complete,to the best of its knowledge,information,and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto,
or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated
damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and
Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that
the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
—
RFQ 2018-183-KB ��"---_- --_-- 23
MIAMI 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 Disdaimer Statement; proposer agrees do 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; ail responses, data and information contained in this proposal, inclusive of the
Statement of Qualifications Certification,Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Autttorized Rep ttve: Re of Proposer's thorized Representative:
Iti rot
Signature of Proposer' senta Date: IIr
State of FLORIDA ) On thisu=day of a))J ,2d personalty
appeared before me 14.4`14,0 io who
County of 41a t _ockfri stated that(s)he is the Rtes rc(v,tt
of L11,0.4s.1 , 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: '
#4 •
) ?RY MICHAELAMAJOR
NotaryPublic for the State of Plorida °. '
11Y COMMISSION#GG 052215
My Commission Expires: 3-)3-24 •:."1"1- EXPIRES:March 13,2021
yf4.OF Ftp?\O Bonded Thu Budget Natty Services
RFQ 2018-183-KB 24
.ter i =
rd
DIESEL INT
Tab
Minimum Qualification
Req uirements
1820 NE 144th Street,North Miami,Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
Asn"$411" _
11
DIESEL! !,'.. li%c
Qualification and Experience
In accordance with the Invitation to Bid No.2018-183-KB for the Citywide Demolition Services, CHIN
DIESEL,INC, (CDI) is pleased submit our method of approach to our demolition activities,pursuant to
the own City of Miami Beach's request. CHIN DIESEL,INC.is a professional construction services
firm, specializing in demolition that was established in 2001 that is dedicated to providing high quality
professional service in a timely manner at competitive rates. We maintain a superior reputation in terms
of Dependability, Quality and Professionalism and have been acknowledged as an up and coming
demolition contractor in South Florida. If given the opportunity,we will work diligently to earn the
City's trust and respect by delivering consistently professional and timely completion of City's projects.
CDI has the immediate staffing ability to provide all of the requested demolition services for this project
and has been providing similar services to the City for the past 4 years.
Chin Diesel,Inc is a certified CBE/SBE/CSBE and DBE minority small business enterprise. We are
fully licensed and insured to provide services in the tri-county area. Chin Diesel Inc.maintains
relationships with many construction and professional service firms to provide total customer care and
job completion. Thanks to our excellent client base we have been steadily growing,expanding our
operations, now having varied specialty equipment and more being built to accommodate south
Florida's geology,these machines are self contained, easily transported and require minimal set up,
adding to advantage over other companies. We have carefully reviewed the submittal requirements and
Chin Diesel,Inc. can meet or exceed all of the minimum bidder requirement and qualifications
necessary to perform the outline scope of services.We actively maintain a fleet of Six(6) dump trucks
as well as various pieces of heavy equipment.We are currently providing demolition contract services
municipalities that include Miami-Dade County,City of MIAMI BEACH, City of Pompano Beach and
The City of Miami and to foundation contractors such as Ebsary Foundation Company and HJ
Foundation Co. and to demolition
Contractors such as Saint Lucie Wrecking and Thunder Demolition for concrete disposal and auger cast
spoils disposal removal and debris hauling. We provide contract aggregate, mason sand and screening
deliveries for Crown Paver,Charleville Development Corporation and Professional Builders of South
Florida on an as needed will call basis.
Chin Diesel,Inc has adequate resources and industry connections to provide prompt,timely, consistent
service at reasonable and highly competitive prices. We maintain active affiliations with the disposal
industries as well as with material testing laboratories to ensure a quality product that complies with
project specifications. CDI currently maintains all required occupational and specialty licenses for our
business.
Thank you for the opportunity to submit this bid package. Should you require further information or
have any questions,please do not hesitate to contact me directly me directly at(786)229-3336 or via
email: Leon@chindiesel.com
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
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CITYWIDE DEMOLITION SERVICES
ITB # 2018-183-KB
CONTRACTOR'S! BIDDER'S QUESTIONNAIRE
NOTE:Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from award
of this bid.
Submitted to The City of Miami Beach, Florida:
By Chin Diesel, Inc.
Principal Office 1820 NE 144th Street North Miami FL 33181
Vendor Campaign Contribution(s):
a. You must provide the names of all individuals or entities (including your sub-
consultants) with a controlling financial interest. The term "controlling financial
interest" shall mean the ownership, directly or indirectly, of 10% or more of the
outstanding capital stock in any corporation or a direct or indirect interest of 10%
or more in a firm. The term "firm" shall mean any corporation, partnership,
business trust or any legal entity other than a natural person.
Leon C. Chin-You, owns 90% of Controlling Stock in Chin Diesol, Inc.
Roger A. Wingerter, owns 10% of Controlling Stock in Chin Diesel, Inc.
b. Individuals or entities (including our sub-consultants) with a controlling financial
interest: have XX have not contributed to the campaign either directly
or indirectly, of a candidate who has been elected to the office of Mayor or City
Commissioner for the City of Miami Beach. Please provide the riame(s) and
date(s) of said contributions and to whom said contribution was made.
Code of Business Ethics:
Chin Diesel, Inc. ad•e - •- City of Miami Beach's Code of Ethics that is referred
online at amibea • •ov/procurement
I HEREBY E TI ' that •- abo • answers are true and correct.
• .1_...-.� Leon C. Chin-You, President (SEAL)
ITB-2018-183-KB
CITYWIDE DEMOLITION SERVIES
ITB # 2018-183-KB
INSURANCE CHECK LIST
XXX i. 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 bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these spe ' ica s a • at evidence of
this insurance may be required within five (5) days - er id ••eni •.
Chin Diesel, Inc. . • r
Bidder Signature of Bidd•
- 16-
CERTIFICATE OF LIABILITYINSURANCE DA'E'"""�"DDIYTh
1/29/2018
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 POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(fes)must have ADDITIONAL INSURED provisions or be endorsed.
H 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 endorsemnent(s).
PRODUCER SUNZ Insurance Solutions LLC ID:(Essential) "``r Jennifer Hanger
do Essential HR, Inc. dba First Star HR PHONE FAX
4455 LBJ Freeway,Suite 1080 .N.E'°'_ 972 Boa 0295 we NoI:
Dallas,TX 75244 ADDRESS: lennifer.hauger@tirststarhr.com
INBURERtS)AFFORDING COVERAGE MAIC
INSURER A: SUNZ Insurance Company 34762
INSURES I INSURER 5:
Essentiai HR Inc., Essentiai HR II, Inc.
dba FirstStar HR I INSURER C
4455 LBJ Freeway INSURER D:
Suite 1080 INSURER E:
Dallas TX 75244
INSURER F: _
COVERAGES CERTIFICATE NUMBER: 40091365 REVISION NUMBER:
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 CONDri.ON 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.
POL/CY EXP
�� TYPE OF INSURANCE I �wvo EDUCE NUMBER (M R �Y(d(t)pIYYYYAJAWDD/YYYYL LASTS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S
CLAIMS-MAGE OCCUR DAMAGE 10 RENThD
PREMISES(En acarence) f
MED EXP(Any one parson) S
PERSONAL&ADV INJURY S
GENL AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE i
POLICY I JJEC I LOC PRODUCTS-COMP/OP AGO S
lOTHER: S
AUTOMOBILELIABILTTY COMBINED SINGLELIMrr $
(Ea seeldent)
ANY AUTO BODILY INJURY(Per person) S
OWNED SCHEDULED
AUTOS
AUTOS ONLY AUTOS BODILY INJURY(Per dent) $
HIRED NON-OWNED PROPERTY DAMAGE S
AUTOS ONLY _ AUTOS ONLY (Par ecddent)
S
UMBRELLA LAS OCCUR EACHOCCURRENCE i
EXCESS LIAR CLAIMS-MADE AGGREGATE i ---' 1
DED RETENTION$ I
A woRKERS COIWINSAT1ON WCPE0000018405 10/1/2017 10/1/2018 i STAT UTE EOR
AND EMPLOYERS*UABIJTY
ANYPROPRIETOR/PARTNERIEXECUTIVE Yn EL.EACH ACCIDENT S 1,000,000
OFFICERMEMBEREXCLUDED? ` I N IA
(Mandatory In NH) EL.DISEASE-EA EMPLOYEE S 1.000.000
If yea,describe Under
DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT S 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached V more space I.required)
Coverage provided for all leased employees but not subcontractors of:CHIN DIESEL,INC.9861 NW 3RD ST
Effective date:10/1/2013
CERTIFICATE HOLDER CANCELLATION 1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
F O R THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INFORMATION
REPRESENTATIVE�� AUTHORIZED REPRESENTATIVE I••'.'..� , 1
Glen J Distefano
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
40691365 : asaentlai R4 Ina PBD 164 DIASTER CERT I MagaiiAdhpadmin.co 11/79/2t1e 7,42:71 AM (PM Page i ox 1
�-...4 CHIND-1 OP ID:MSAM
'4�Rte- CERTIFICATE OF LIABILITY INSURANCE 07/13/20111
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: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must 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).
PRODMSL Insurance Apeney,Inc. Marion Sam
2855 N.Unlverslty-Dr.Ste.110HONE
No,�;877.304-2323 NII;954-840 0320
Coral Springs,FL 33065 mss:Marion�nlinsurarrce.net
David Vaandering
INSURER{!)AFFDROSrO COVERAGE NAIL C
INSURER A:Vantapro Specialty Ins Co
IIsuRED CHIN DIESEL INC. 1 INSURER a:SCOTTSDALE 41297
CONTACT
Kum
9861 NW 3RD ST
PEMBROKE PINES,FL 33024 I WITURE1C:
INSURER 0:
INSURER E:
MUREX
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED 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.
W SRPOLICY EFF POLICY EXP
TYPE OF P SURANCE AlmL5UBiq
LIR INSD POLICY NUMBER aMNDDIYYYY) IMMIDOlYYY17 LIMITS
B X COMMERCIAL MENERML LLAEIITY
EACH OCCURRENCE $ 1,000,
CLAIMS-MADE X OCCUR Y CPS2707290 07/1312018 0711312019 ISEso ooam I $ 100,
—
I D EXP(Any one pawn) $ 5,00
—
PERSONAL&ADV INJURY $ 1,000,
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00
1� I^ r 1 Loc I PRODUCTS-COMP/OP AGG $ Includ ,
'OTHER: l $
AUTOMOBILE LIABILITY CCOOMB $ 1
SINGLE LIMIT ,000,00
A ANY AUTO 5087-0020-00 06/16/2018 06116/2019 BODLYINJURYper person) $
ALL OWNED r SCHEDIN_ED
AUTOS AUTOS sooLVIWRY(Per aodd-nq $
X NaREDALrros X_ NNOON-OOWNED PROPERTYDAMAGE $
PIP $ 10,00
UMIMELLA LMR OCCUR EACH OCCURRENCE $
— —
EXCESS UAB -'---
'MADE AGGREGATE $
DED RETENTIONS $
WORKERS COMPENSATION PER OTT-
ANO EMPLOYERS'LMBLRY YIN STATUTE ER
ANY PROPRETORIPARTNERIECECUTNE 0 EL.EACH ACCIDENT
OFFICERAEMBER EXCLUDED/ N IA
(lMtboOory In NH) E1.DISEASE-EA EMPLOYEE $
19CR 0NCnbe OF OPERATIONS below El.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 151,AddRleMl Remarks Schedule,may be attached R more space Is required)
CERTIFICATE HOLDER IS ADDITIONAL INSURED PER BLANKET ENDORSEMENT IF REQUIRED
BY CONTRACT
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
IACCORDANCE WITH THE POLICY PROVISIONS.
For Information Only
AUTHORED REPRESENTATIVE
David Vaandering
0 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
(CHIN DIESEL INaC
References
Denis Zambrana
Miami-Dade County RER Lien Collection Representative
Building Code Support Division
Herbert Saffir Permitting& Inspection Center
11805 S.W. 26 St, Room 230
Miami,Florida 33175-2474
Office: 786-315-2777
Fax: 786-315-2547
Donald Cris Fardelmann
Building Official/Chief Structural Inspector
5399 N. Dixie Hwy.
Oalcland Park, Fl. 33334
donaldfna,oaklandparkfl.gov
954.630.4341
Rene I. Diaz
Chief of Unsafe Structures
City of Miami Unsafe Structures Section
444 SW rd Avenue 4th Floor
Miami,Florida 33130
Telephone: 305-416-1107
Cell phone: 786-251-7181
red iazna.m iam iaov.com
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786)229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
APPENDIX B
MIAMIBEA .1/4.
No Bid " Form wt
ip114 ,
2013- 133-KB
Citywide Demolition Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Note: It is important for those vendors who have received notification of
this solicitation but have decided not to respond, to complete and submit
the attached "Statement of No Bid." The "Statement of No Bid" provides
the City with information on how to improve the solicitation process.
Failure to submit a "Statement of No Bid" may result in not being notified
of future solicitations by the City.
RFQ 2018-183-KB 25
MIAMI 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 ado not_want to be r in d your mailing list for future proposals of this type
product and/or servic .
• --
Signature:
Title: 12ES/4G`1�f
Legal Company Name: / CEJ /J/eEZ, /A/C.
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#2018-183-KB
1755 MERIDIAN AVENUE, 3nd FLOOR
MIAMI BEACH, FL 33139
RFQ 2018-183-KB 26
isr t
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Tab .
E • &
xperience
Qualifications
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
;ar ,
411 DIESEL IN A:
Tab
Qualification of
Proposing
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786)229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
,
ii.$Ili DIESEL
Tab 2.1 Experience and Qualifications
Chin Diesel, Inc. (CDI) is committed to providing provide prompt reliable services to the City of
Miami Beach. Our entire team is dedicated to learning the most efficient and innovation demolition
techniques. We are earning an excellent reputation throughout South Florida's municipal governments
for providing cost effective and highly responsive services. Our clients speak highly of the level of
professionalism and knowledge our staff exhibits.
We are confident that we will meet the needs of the City of Miami Beach and do not anticipate any
constraints in providing a high level of services to the City and meeting the assigned time constraints for
this project. We will accommodate the City's schedules and specific requirements and have established
many long-standing relationships with many diversified clients who come back repeatedly to Chin
Diesel,Inc.for the top quality demolition services that they have come to rely on.
Below is a brief list of municipalities that we have provided similar services for:
• Broward County Aviation Dept. I e Miami-Dade County Public Works
• City of Miami Public Works • Miami-Dade County Parks&Recreation
• City of North Miami Public Works a Miami-Dade Seaport
• City of Pompano Beach
Representative Projects:
1) Project Name: Hotel Demolition
Project Location: 1650 Johnson Street Hollywood, Florida
Completion Date: July 2018
Project Cost: $97,325.00
Client Information: City of Hollywood Parks and Recreation Dept.
1405 South 28th Avenue Hollywood FL 33022
Contact Name: David Vazquez Phone: (954) 921-3469
Email: Dvazquez@hollywood.org
Bidder's Role: Prime Contactor
Work Performed: Demolition of Multi Storey Hotel(Unsafe Structure).
1820 NE 144th Street,North Miami,Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
MI 0,1
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Tab 2.1 Experience and Oualifications
2) Project Name: Machine Room Demolition
Project Location: Merill Stevens, Miami,Florida
Completion Date: March, 2018
Project Cost: $10,000.00
Client Information: Ebsary Foundation Company
2154 NW North River Drive, Miami,Florida 33125
Contact Name: Brent Huffman Phone: (305) 325-0530
Email: Bhuffinan( iebsaryfoundationco.com
Bidder's Role: Sub-Contractor
Work Performed: Demolition of Marine Structures and Aprons.
3) Project Name: Terminals 2 & 4 Canopy Removal
Project Location: Fort Lauderdale/Holly International Airport: Terminals 2 &4
Fort Lauderdale,Florida
Completion Date: November 2012
Project Cost: $13,850.00
Client Information: Broward County Aviation Department
4101 Ravenswood Road, Suite 219 Fort Lauderdale,Florida 33312
Contact Name: Staci Montefusco Phone: (954) 359-6149
Email: Smontefusco( iBroward.org
Bidder's Role: Prime Contractor
Work Performed: Demolition/Removal of Canvas Canopy
1820 NE 144th Street,North Miami,Florida 33181
Phone: (786)229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
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SIMILAR PROJECT:
1. Unsafe Structure Demolition,Miami,Florida
Client: Miami Dade County
General Contractor: N/A
Denis Zambrana (786)317-2777
Contract Amount: $7,525.90
Scope of Work:
Unsafe Structure Demolition and Removal, grading of site and Plumbing/Electrical
Disconnection
Estimated Date of Completion: October 2017
Percentage of Work completed with our own forces: 100%
2. Unsafe Structure Demolition,Miami, Florida
Client: City of Miami
General Contractor: N/A
Rene Diaz (305)416-1124
Contract Amount: $13,714.00
Scope of Work
Unsafe Structure Demolition and Removal,grading of site and Plumbing/Electrical
Disconnection
Estimated Date of Completion: November 2017
Percentage of Work completed with our own forces: 100%
3. Building Demolition and Sitework,Miami Beach,Florida
Client: City of Miami Beach
General Contractor:N/A
Adrian Avalos (305)673-7000
Contract Amount: $6,241.00
Scope of Work:
Unsafe Structure Demolition and Removal, grading of site and Plumbing/Electrical
Disconnection
Estimated Date of Completion: January 2018
Percentage of Work completed with our own forces: 100%
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
sour
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LEON DIESEL I ',
Tab
Qualification of
Proposer Team
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
n
S ' 1 co DIESEL IN*,
Tab 2.2 Qualification of Proposer Team
Chin Diesel, Inc. has implemented a staffing plan that clearly illustrates a coordinated vision for
completing the proposed job for The City of Miami Beach. Our plan includes using the staff outlined
above in the organizational chart of Chin Diesel personnel along with our two supplier subcontractors,
Sun Roll-Off and All Star Toilets to meet all anticipated staffing needs of this project.
Our current personnel availability is expected to be 100% available for your project upon notice to
proceed. CDI caters its demolition services primarily to municipal clients and can offer the City of
Miami Beach complete access to our proposed staff for the duration of this project.
7,..-Th
Chin Diesel
85 %
(---Sun All Star
Roll-Off Toilets
10% 5%
.....)
1820 NE 144th Street,North Miami,Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
' r
-
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(i mN DIESEL IN1V0.
Tab 2.2 Qualification of Proposer Team
ORGANIZATIONAL CHART:
r-- Leon C. Chin-You
(Principal/Senior Project Manager)
Keith Johnston. ) y
Project Manager
Shirlon Weir
Permit Processor
Luis Rodriguez
Project Superintendent
Jose Escobar
MOT Coordinator
Hopeton Bennett
LDemolition Foreman
Charlie Miller
Operator
Teresa Ernest
Laborer
Neville Shim-Hue
Laborer
Jonathan Brown
CDL Driver
1820 NE 144th Street, North Miami,Florida 33181
Phone: (786) 229-3336 Fax: (305)949-1328
E-Mail: Leon@chindiesel.com
mar
DIESEL IN
LEON C. CHIN-YOU, B. N.
President
EDUCATION
1984-1989 Titchfield High School
Port Antonio,Jamaica
Merit: Diploma
1989-1992 University of Technology(Formerly C.A.S.T.)
Kingston,Jamaica
Major: Quantity Surveying and Construction Technology
Merit: Diploma
EXPERIENCE
Over fifteen years'experience in building construction including preparation of working blueprint drawings,full quantity
take-offs and estimates of material and trade processes of residential and commercial buildings from subsurface to
superstructure. Field work included on-site inspection for interim certificates,checks for conformity with engineers'
specifications,Auger cast and driven pile inspections,threshold and special inspections,erection and inspection of structural
steelwork including fabrication,post tensioning and reinforcing steel inspections,checking of levels for surveyors'approval,
concrete strength and soil compaction testing,welding inspections,civil and structural construction engineering inspections
of bridges,roadways,residential and commercial building structures,from substructure to superstructure,and basic
knowledge of environmental remediation system installation,design,and inspection. Provides full management and
coordination of expanding professional materials transport and heavy equipment firm.
Employment History
Feb.2001—Present Chin Diesel.Inc.,Pembroke Pines,Florida
Position: President
Duties: Perform day to day operation of trucking/hauling/disaster clean-up/debris removal/site clearing/aggregate sales.
Duties include sales,field coordination and dispatch,proposals,billing and administrative tasks,and meetings. Conduct fleet
maintenance and repairs,including roadside emergency repairs of fleet vehicles and heavy equipment to guarantee timely
delivery and performance.
Nov. 1995- Present Winaerter Laboratories.Inc.,North Miami,Florida
Position: Materials Dept.Manager/Senior Engineering Inspector/Drilling Supervisor
Duties: Civil,structural and geotechnical engineering inspections for residential and
commercial projects including,special,threshold and construction materials engineering inspections,pile driving and Auger
cast pile installation,controlled fill and earthwork operations,ground improvement,and monitoring load tests. Projects
include low and high rise buildings,parking structures,bridge and highway structures as well as industrial facilities,marinas,
residential developments,and municipal utilities. He is also directly responsible for client contact,preparation of proposals,
budget control and coordination of projects with architects,structural and project engineers,and construction contractors.
His responsibilities also include supervising field personnel conducting structural inspections,pile installation inspections,
roof inspections and testing,construction quality control inspections,coordinating work of field and office personnel,
preparing reports,meeting deadlines,scheduling and prioritizing field and laboratory projects,maintenance of drilling
equipment,and ordering of supplies. Serves as supervisor of drilling crews performing Geotechnical and environmental
drilling operations and performs various laboratory tests of different construction materials and structural components to
confirm strength parameters.
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786)229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
min APIt+ .;
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Feb. 1995—Oct 1995. Miami N.D.T..Inc.,Opa Locka,Florida
Position: Project Engineer
Duties: Varied engineering duties dealing with construction materials testing,inspections and engineering services
ranging from concrete,soil aggregate and asphalt testing,welding inspections,civil,structural and environmental engineering
duties,construction engineering inspections and varied aspects of construction management.
Oct. 1992-Feb. 1995 L&A Contracting Company,Miami,Florida
Position: Foreman
Duties: Reinforcing steel layout from substructure to superstructure,including layout of deck spans,foundations,pile
caps,columns and related structures,according to engineering specifications for inspection by FDOT engineers,supervision
of work crew and preparation of daily and weekly reports for subcontractor payments.
1988—1992 The Architects,Portland,Jamaica
Position: Draftsman/Quantity Surveyor
Duties: Preparation of working blueprint drawings,detailed estimates of materials and labor charges;on-site inspection of
work in progress and preparation of certificates for payment to sub-contractor trades.
CURRENT AFFILIATIONS/CERTIFICATIONS
• Jamaica Institute of Quantity Surveyors(J.I.Q.S.)-Member
• American Concrete Institute(A.C.I.)-Concrete Field Testing Technician(Grade 1)
• American Concrete Institute(A.C.I.)-Concrete Transportation
• American Welding Society(A.W.S.)-Member
• O. S.H.A.Certified Hazmat Supervisor
• Parsons Brinkerhoff Certified F.E.M.A.Disaster Assessment Inspector
• Troxler Electronic Laboratories -Nuclear Density Gauge Operation
• Troxler Electronic Laboratories -Radiation Safety Officer
• American Society of Civil Engineers (A.S.C.E.)-Affiliate Member
• Southern Building Code Congress International(SBCCI)Professional Member
• State of Florida Department of Professional Regulation—Building Inspector #BN 00003292
• FDOT-Prestressed Concrete Training Course
• Post-Tensioning Institute(PTI)Certified Post Tensioning Inspector
• Commercial Driver License—Class"A"
1820 NE 144th Street,North Miami,Florida 33181
Phone: (786)229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
{
41 DENSIELL
KEITH L. JOHNSTON
Project Manager
COMPANY:ODEBRECHT CONSTRUCTION OF FLORIDA 1997-2013
TITLE: SURVEY DEPT. MANAGER
RESPONSIBILITY:Managed all surveyors and work,coordinated plans and drawings pertaining to the projects.
PROJECTS
Sam Houston Toll-way Widening—Houston,Texas(2012-Present)$42 Million
4.2 Miles of highway widening&construction
Miami Intermodal Center—Mic-Earlington Heights,Miami,Florida(2009-2012)$360 Million
2.5 miles of elevated rail construction
Miami Airport North Terminal Dev.Miami,Florida(2006-2009)$542 Million
American Airlines concourse construction
Performing Arts Center—Miami,Florida(2003-2006)$357 Million
Adrienne Arsht—Opera House&Concert Hall Building Construction.
Interstate-40—Greensboro,North Carolina(2000-2003)$72.3 Million
12 Miles Highway Construction
Orlando International Airport Expansion-Orlando,Florida.(1999-2001)$64Million
Taxiway,and bridge construction.
St.John's River Bridge.Jacksonville-Fernandina Beach,Florida(1997-1999)$21.7 Million
1.5 Mile Road&Bridge Construction across the St.John's River
COMPANY:L&A CONSTRUCTION,HATTIESBURG,MISSISSIPPI. 1991-1996
TITLE: SURVEY PARTY CHIEF
RESPONSIBILITY:Calculating and laying out all surveying controls for each project during construction.
PROJECTS
Interstate-59—Pearl River,Louisiana,(1995-1997)8.5 Million
Bridge and ramp construction over the Pearl River
Interstate-95—Miami,Florida(1991-1995)40 Million
Roadway widening NW 58th St.to NW 95th St.
Bridge Construction,Ramp from I-95-to SR 836
COMPANY:VOLKER STEVIN CONSTRUCTION 1989-1991
TITLE: SURVEY PARTY CHIEF
PROJECTS
RESPONSIBILITY:Calculating and laying out all surveying controls for each project during construction.
Roadway widening NW 95th St.to NW 125th St
COMPANY:MAPSURV LTD. KINGSTON,JAMAICA 1979-1989
TITLE:SURVEYOR
PROJECTS
Various Surveying and Mapping projects in Jamaica.
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
I
HIN DIESEL IN{ %c
CERTIFICATION
Land Surveying Certificate—College of Arts Science&Technology,Jamaica 1979
Active Certified General Contractor—Florida
Passed National Land Surveying exam Part 1
SKILLS&TRAINING
Microsoft Office Products
Auto Cad 2013
Eagle Point Civil Cad
Pro Cogo Survey Software
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
: e , DIESEL
LUIS RODRIGUEZ, JR.
Superintendent
EXPERIENCE
CHIN DIESEL,INC.
Technical Operations Manager, July 2009-Present
Responsible for vehicular and equipment maintenance,ordering supplies, scheduling personnel,and performing major
demolition site preparation.Minor mechanical repairs and MOT oversight are part of daily duties.Reports directly to the
Senior Project manager. He is also responsible for the hiring of technical personnel.
WINGERTER LABORATORIES,INC.
Operations Manager, July 1999—President
In charge of the daily technical operations of all field and laboratory activities.Responsibilities include oversight of
Concrete, Soils,Asphalt and Geotechnical Departments and their managers. He also serves as the companies Radiation
Safety Officer(RSO)and IT Technician. He is also responsible for the hiring of technical personnel.
He is in charge of the daily field and laboratory activities of all technicians and supervises the performance of all laboratory
tests.He also serves as the companies Radiation Safety Officer(RSO)and IT Technician. He is also responsible for all
Seismograph Monitoring Jobs and various specialty engineering work.
Engineer's Assistant, June 2001—April 2003
His responsibilities include assisting the Chief Engineer and the Geotechnical Engineer by performing tests in the areas of
concrete testing,inspections. He also conducts utility clearances and soil boring layouts.
Engineering Technician, April 1999-June 2001
His responsibilities include performing tests in the areas of Precast and Prestressed concrete, soil testing,co-efficient of
friction testing on ceramic tiles, static load testing and the preparation of reports.
EDUCATION&CERTIFICATION
BROWARD COUNTY COMMUNITY COLLEGE
Blue Print Reading&Construction Estimating
NORTH MIAMI BEACH SENIOR HIGH SCHOOL
North Miami Beach, FL,Diploma
MIA AIRPORT SECURITY TRAINING(S.I.D.A.)
WINGERTER LABORATORIES,INC.
Certified Forklift Operator&Instructor
Additional Project Information and References are available upon request
1820 NE 144th St,North Miami Fl 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@Chindiesel.com
NT DIESEL z►",r
Tab3
Approachand
Methodology
1820 NE 144th Street, North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
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11
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El IN
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DIESEL .'. r
Tab
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
X ;•,,-
---- '4116;i5
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Tab 3.1t Approach and Methodology
Chin Diesel,Inc. (CDI),will accomplish all the work'required under this contract resulting from future
Invitations to Quote(ITQ)in skilled demolition services. We will meet the minimum specifications
requirements and will supply all labor and materials to conduct the demolition scope of work.,pull all
required permits,maintain all necessary licenses and insurances,provide supervision,and all equipment
required to demolish the 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. Our 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.
CDI will obtain all Permits that may be required by the City include but shall not be limited to the
following: Plumbing Permit,Building Permit:for both Residential and Commercial Property,DERM
Pea-mit, Asbestos Permit,as required.
We will also be responsible for contacting Utilities to disconnect 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 by
The City of Miami Beach, All Fences shall remain,unless otherwise instructed to remove them.
Cap all building sewer connections at existing wye locations,we will make sure all 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.
Chin Diesel,Inc.provide temporary erosion and sediment control on each respective property prior to
the start of demolition operations for each project and will be maintained for the full duration of each
project.
Grading,backfill,sodding,and return to grade shall be performed in accordance with ASTM
specifications and the Florida Building Code, current edition,
1820 NE 144th Street, North Miami, Florida 33181
Phone: (786)229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com i a
�filarIN DIESEL i
Tab 3.1 Approach anti Methodology
CDI will'perform final grading to ensure adequate drainage offsite and not permit ponding of water. All
filled and disturbed ground shall be smoothed for mowing. We will also import clean fill as necessary
tc establish proper surface grades and may cut and fill on site to the extent possible. We will supply
samples of imported fill to be used and approved by the City's landscape Architect,when applicable.
All shrubbery and trees will remain and disruption of vegetation will only be allowed in the immediate
vicinity of the demolition.
In the event previously unknown hazardous materials are discovered by the Chin Diesel,Inc. we will
immediately suspend work in the specific location of the hazardous material and immediately notify the
City of Miami Beach's project manager.
f �
CDI will ensure that all demolition materials and debris are removed from the work site concurrently
with progress of work. We will not allow mud and debris from vehicle transporting demolition materials
to litter any streets or highways,if this occurs we will clean-up any such mud or debris at our expense.
Cleanup will fellow immediately siter and at the same rate as construction. Cleanup will not be delayed
until entire project is finished. CDI shall clean all right-of-way and easement areas that were occupied
by us 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.We will provide extra care during performance of work to ensure that no rock,base stone,
string,stakes,or any other construction materialis left in the water main or irrigation linen At the end of
eacb 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.
Chin Diesel,Inc, will not store salvage materials on the work site or put up signs advertising salvage
materials for sale at the work site.
We will not close any street or divert any traffic without prior written approval of the City of Miami
Beach.We will adhere to the State of Florida D.O.T,'s uniform manual on traffic control for . ---
construction and maintenance work zones,and make our employees fully aware of these provisions,
especially those applicable to the use of barricades, cones,signage, etc.,to provide a safe working
environment.
CDI will ensure that any use of the public right-of-way adjacent to the work site shall he 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).
1820 NE 144th Street,North Miami, Florida 33181 •
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
t
Tab 3.1 Approach and Methodology
Chin Diesel,Inc.will have a superintendent or a responsible foreman on the project at all times when
work is in progress. We will be responsible for the power for all lighting, and operation of our
equipment.
CDI will furnish,install, and maintain ample sanitary facilities for the workmen, along with drinking
water served from single service containers. All such facilities and services shall be furnished in strict
accordance with existing and governing health regulations.
We will 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 of Miami
Beach.We 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 of Miami Beach for any and all claims or judgments whenever made as a result of the
our actions. If additional or unexpected utility conflicts occur,we will be responsible for coordinating
with the affected utility company to resolve the conflictt and maintain progress on the project,we
understand that no time extensions will be granted for associated delays.
Chin Diesel,Inc will 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.We will also comply with all regulatory agencies requirements for safety, and 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 will be
used as needed to keep the public out of danger and to safely divert them around the project area.
We will 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 our
prosecution of the work, The safety provisions of all applicable laws,building and construction codes,
and regulations shall be observed. Chin Diesel,Inc.will take or cause to be takensuch safety and health
measures, additional to those herein required, as we 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.We will 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.
{
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786)229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
1 D . fi}
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•
IBELIN DIESEL $ I.+
Tab 3.1 Approach and Methodology
Chin Diesel,Inc will promptly furnish the Local Public Agency with reports concerning these matters,
The contractor shall indemnify and save harmless the City of Miami Beach and the City of Miami
Beach'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.
No explosives will be used on projects performed under this contract.
CDI will request Inspection by Department of Building Development Services for Final Inspection
within ten(10)days of completion of demolition of each separate site.Inspection to finalize demolition
• permit will be requested upon completion of demolition and site clean-up.
Chin DIesel,Inc will be able to mobilize within 24 hours if an emergency service is requested by the
City of Miami Beach.
f j
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
V
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4:111 11 D EL f, ,"*.
Tab
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
Mar
•
( 1
DIESEL IN
Tab 3.2 Approach and Methodology
Chin Diesel,Inc.'s approach to project implementation begins with an analysis of the structural blueprints or a
visual inspectionof an existing building or residence that may be ii an inhabitable state to determine the
approach and methodology for each project and the impact that the demolition process on adjoining residences,
neighbor, or environmental areas. Once this has been completed we can determine the most feasible and cost
effective approach to commence the demolition of the project at hand. This will include which type of heavy
machinery to use in order to complete the project scope as several factors control the method like the height of
the structure being demolished,site conditions and structure shape. All necessary safety procedures and PPE
will be.addressed in our preconstruction meeting prior to meeting with client. We will also discuss debris
removal,project timeline,rodent control and actual project scope provided by the City of Miami Beach
including their requirements to ensure smooth project delivery.
I All of these actions will ensure that the project will progress accordingly at each stage so that we can deliver
successful completion of the project.
Tab 3.3 Customer Service Plan
Chin Diesel,Inc.understands that our customers want professionalism,experienced personnel and quality
service. Our customers expect us to guide and assist them during the demolition process with our past
experience and knowledge of local building codes and regulation,knowledge of OSHA procedures and
requirements as well as the ability to get the job done in a timely and professional manner within budget.
We maintain highly qualified and experienced personnel as shown in our team resumes and continue to hire
additional employees that meet those same high standards.
Our personnel have all been trained in basic customer service skills and will make sure that the needs of our
customer is our first priority.
We strive to provide excellent customer service and make sure that our staff members are always accessible by
email or telephone to serve The City's need especially when emergency requests arrive. We are readily
available 24 Hrs a Day to meet the City's needs. We will do everything in our power to ensure that all
emergency requests are handled promptly,efficiently and within the time frame requested by the City's project
manager.
1820 NE 144th Street,North Miami, Florida 33181
Phone: (786) 229-3336 Fax: (305) 949-1328
E-Mail: Leon@chindiesel.com
MIAMIBEACH
City of Miami Beach,1755 Meridian Avenue, 3rd Floor,Miami Beach, Florida 33139, www.mlamibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490
ADDENDUM NO. 1
RFQ 2018-10348
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
1755 Meridian Avenue, VI 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 soieiy responsible.
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.00v.
Procurement Contact: Telephone: Email:
Kristy Bade , 305-673-7000, ext. 6218 kristybada c@miarnibeachfl.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,
4—'1
Alex Denis
Procurement Director
f.4P 2
1 ADDENDUM NO.4
RFQ 2018-183-KB
FOR CITYWIDE DEMOLITION SERVICES
MIAMIBEACH
City of Miami Beach,1755 Meridian Avenue,3rd Floor,Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490
ADDENDUM MO.2
RFQ 2018-183-KO
FOR CITYWIDE DEMOLITION SERVICES
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 tor 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 responsibie.
F. F. `CO NG . I I DUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
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 RafaelGranadoamiamibeachfl.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.
Sincerely,
7Alex Denis
Procurement Director
((bC(
1 ADDENDUM NO.2
RFQ 2018-183-KB
FOR CITYWIDE DEMOLITION SERVICES
MIAMIBEACH
City of Miami Beach,1755 Meridian Avenue,3rd Floor,Miami Beach,Florida 33139, www.miamibeachfi.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`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.
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
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 RafaelGranadoamiamibeachfl.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,
1L-1��
Alex Denis
Procurement Director
/
1 ADDENDUM NO.3
RFQ 2018-183-KB
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. 5
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, 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.
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 its bid considered.
1. Proposer must pommy,,,.. a Miami-Dade County Demolition Contractor License or a
Certified General Contractor (CGC) with Florida Department of Business and
Professional Regulations.
IV. ANSWERS TO QUESTIONS BY PROSPECTIVE PROPOSERS VIA EMAIL.
Is a Certified General Contractor(CG C) license with the State of Florida sufficient if one
does not have a Miami-Dade County Demolition Contractor License?
Ai: 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
RFC/2018-183-KB
!=OR CITYWI 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.
03: 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
RafaeIGranado(c�miamibeachfl.gov.
Procurement Contact: I Telephone: I Email: 1
I Kristy Bada 1305-673-7000, ext. 6218 I kristybada agmiamibeachfl.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, ,, n
,,�
Alex Denis ..
Procurement Director )/(
\,,,.
2 ADDENDUM NO.5
RFQ 2C18-133-KS
FOR CITYWIDE DEMOLITION SERVICES
ATTACHMENT D
INSURANCE REQUIREMENTS
APPENDIX E
AA I Ai\A BEACH
Insurance Requirements
2018- 183-KB
Citywide Demolition Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Roar
Miami Beach, Florida 33139
RFQ 2018-183-KB --- ---�- 38
APPENDIX E
MIAMI BEA
Insurance Requirements
2018- 183-KB
Citywide Demolition Services
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFQ 2018-183-KB 38