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Contract w/ Kearns Construction Company C2-C 7%71 , 9 RECEIVE® MIAMI BEACH NOV 2 12019 • . .. KEARNS CONSTRUCTION CO. CONTRACT THIS CONTRACT is by.and between the City of Miami Beach, Florida, a,municipal corporation of the. State of Florida, ("City"), and Kearns Construction Company,. 2550.So. Bayshore Drive, Suite 206-B, Miami, FL. 33133("Contractor"). , • WITNESSETH, that Contractor and City, for the considerations hereinafter named, agree as follows: - , - ARTICLE 1 . • SCOPE OF WORK Contractor hereby,agrees to furnish all of the labor, materials,,.equipment,•services and incidentals necessary to perform all of the Work described in the Contract Documents and related thereto for the-Project ARTICLE 2 CONTRACT TIME , 2.1 Contractor shall be instructed to commence the Work by.written.instructions'in.the form of a Notice to_Proceed issued by the Contract Administrator. Two (2)Notices to Proceed will be issued for this Contract: Contractor shall commencer scheduling activities;:permit applications .and other preconstruction work within five -(5). calendar;.days_.afterthe Project Initiation Date, which'shall be the same as the date Of.thefirst;Notice to Proceed. The first Notice to Proceed a'nd will not be:issued until Contractor's submission to City of ail required documents (including but limited to: Payment and Performance-Bonds, and Insurance Certificate)and after execution of the Contract by both parties. • 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full .progress schedule in accordance with technical specifications section, submittal schedule and..schedule of_values is.a.:condition_precedent_to_the_issuance_of.a___.___.____ second.Notice to Proceed to mobilize on the Project site and commence with physical construction of the Work. The Contractor shall'submit all necessary documents required by this provision within twenty-One (21) calendar days of the issuance of the first Notice to Proceed.. .. ; . • 2.2 Time is of the essence throughout this Contract. This project shall be.substantially . completed within one hundred twenty (120) calendar days from theissuance of the second Notice to Proceed, and completed and ready for final,payment,in, accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion, subject to extension of time for Excusable Delay, as provided in the ITB General Terms and Conditions. - . • 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of ITB 2019-128-AG MAURICE GIBB FLOATING DOCK • Page 1 � I _ 1 1 • two hundred fifty dollars ($250.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and,readiness for final payment, Contractor shall pay to City the sum of two hundred fifty dollars ($250.00) for each calendar day afterr the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties butare liquidated damages to City for its inability to obtain full beneficial occupancy and/or 'use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. Liquidated Damages for delays shall be assessed against the Contractor only to the extent caused by the Contractor. The aggregate, liquidated damages shall not exceed 20%of the Contractor's fee. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2:4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a.copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid.The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each Integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not ITS 2429428-AG MAURICE GIBE FLOATING DOCK Page 2 1 I I covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X] This is a Lump Sum Price Contract* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents,the total price stated as awarded. 3.2 The Contract Price is $595,849._10, consisting of a base bid in the amount of $541,681:00 and a separate line item in the amount of $54,168.10 for the=Owner's Contingency (to be used solely by the City at its sole discretion for the purposes described in the Contract Documents). The Contract Price, excluding the Ouvner's Contingency, shall be full compensation for'ell labor, materials, equipment, costs,'and expenses, including overhead and profit,-associated with'completion of all the Work accordance with the requirements of the Contract Documents,' including all Work reasonably inferable therefrom, even if such item of Work is not specifically or expressly identified as part of a line item in the ITB Price Form. *Note:Some projects include both unit prices and lump-sums in which case both sections shall apply to the Work identified for each type of Contract ARTICLE 4 PROGRESS PAYMENTS • 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show-a'complete breakdown of the Projectcomponents, the quantities-completed arid the amount due, together With such supporting evidence as'May be required by Consultant Contractor shall include,: but same shell not be limited to, with each 'Application for Payment, an updated progress schedule acceptable to Consultant as required by, the Contract Documents and a release of liens and consent of surety relative to the Work which is the subject of the Application for Payment. Such releases shall be conditioned Upon receipt of payment Following submission Of an acceptable updated progress schedule and the other documents required herein a log with the Application for Payment-City shall make payment to Contractor after approval by Consultant of an Application for Payment, less - - --- retainage es herein provided forand/or withholding-of any'other amounts pursuant-to-the — - --- Contract Documents, within twenty-five(25)days in accordance with Section 218.735 of the Florida Statutes. 4.2 The City shall withhold.frorin each progress payment made to Contractor retainage inthe amount of ten percent(10%)of each such payment until fifty percent(50%)of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change ordersor other additions or modifications to the construction services provided for in this Agreement. • Thereafter,. the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub=Section 43. Any ITB 2019-128-AG MAURICE GIBS FLOATING DOCK Page 3 reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may be amended,, and shall otherwise be at the sole discretion of the Contract Administrator,. after considering any recommendation of Consultant- with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City: All requests for retainage reduction shall be In writing In.a stand-alone document,separate from monthlyapplications for payment. All requests for release of retainage shall be made in accordance with, and shall be subject to, the requirements of Section 255.078 of the Florida Statutes, as may be amended. Except as provided by law, the City shall have no obligation to release or disburse retainage until Substantial Completion of the Project. Upon receipt by the Contractor of a Certificate of Substantial Completion pursuant to 1TB Section 0500, Sub- Section 43, fully executed by the City'establishing the Date of Substantial Completion, and after completion of all items on the punchlist and/or other incomplete work, the Contractor may submit a payment request for all remaining retainage. It shall be the City's sole determination as to whether any of the items have been completed. For items deemed not to have been completed, the City may withhold retainage up to one and one-half times the total cost to complete such items. Any interest earned on retainage shall accrue to the benefit of City. City shall disburse the amounts withheld upon the City's acceptance of the completion of the items for which they were withheld. 4,3 After provising written notice specifying the reason therefore, the City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of 4.3.1 Defective work not remedied. 4.3.2 . Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. • - .• •_ _• _ .;. • I. • . . . • ltant#o tion---- administration. 4.3.6 Failure of Contractor to provide any and all documents required by the City. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment of all amounts so withheld shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (.10) calendar days, makean inspection thereof. If Consultant and:Contract Administrator find the Work acceptable, the requisite ITS 2019-128-AG MAURICE GIBS FLOATING DOCK page 4 • 4 documents have been submitted and the requirements of the Contract Documents fully satisfied, and all,conditions of the permits and regulatory agencies have been met a Final Certificate of Payment((TB Attachment D-6)shall be issued by Consultant,over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract;,a consent of-surety to final payment; the final corrected as-built drawings; an-affidavit certifying-that all suppliers and subcontractorshave been paid in full,and that all other.,,indebtedness connected:with the,Work has been paid; provided Contractor has been properly"and timely paid;and the final bill of materials, if required, and invoice._ Such releases shall be conditioned upon receipt of payment. • 5.3 If, after the Work has been substantially'completed, full completion thereof is materially delayed through no fault of Contractor, and Consultant so certifies, City shall. upon certificate of Consultant, and without terminating the Contract, 'make 'payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the termS arid conditions"-governing final payment, except that it shall not constitute a waiver of claims:.' 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written •evaluation of The' performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with_the provisions of the General Conditions and identified.by Contractor as • unsettled at the time of the;;application for final,payment. ARTICLE 6—MISCELLANEOUS 6.1 The requirements of the Contract Documents,.as such'teren is defined,in the Invitation to Bid, are hereby incorporated by'reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly. all of the documents incorporated by the Contract Documents shell govern this Project. • 6.2 Where there is a conflict between'any provision`set forth withinthe Contract Documents —-� and a more stringent provision elsewhere in the.Continct Documents or under any law, regulation, statute or code requirement which is applicable'to*this Project, the more specific provision directly applicable to the item in question shall prevail and govern the performance of the Work. . 6.3 Public Entity Crimes • - Contractor acknowledges that the provisions of the-Public Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which_statute provides, in pertinent part, that a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted_vendor.list following a conviction for a public entity crime may not submit a bid on a contract:to provide any goods or services to the City, may not submit a bid on a contract with the City for the constructionor repair of a public building or public work, may not submit bids on leases of real property to the City, ITS 2019-128-AG MAURICE GIBE FLOATING DOCK Page 5 r� - • may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees,or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Public Works Department 1700 Convention Center Drive.4t"Floor -- - Miami-6eachr-FL- 33439--=_ Attn: Eugene Egemba,.Civil Engineer III With copies to: . City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor. Kearns Constuction Company 2550 So.Bayshore Drive, Suite 206-B Miami, FL.33133 Attn:John Kearns/President ITB 2019-128-AG MAURiCE GiBB FLOATING DOCK Page 6 6.7 Asskinment and Performance Neither this Contract nor any interest herein, shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 28 of the General Conditions. 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 setforth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. , , • Contractor shall perform its duties, obligations, and services under this Contract in a skillful,and respectable manner. The quality of Contractor's performance and all interim and final product(s)provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this.Contract and, therefore, is a material term hereof. Either party'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.deemeda waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. - - 6.9 Severance • In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the,remaining provisions shall continue to be effective unless City or Contractor 's 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 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County,,Florida, and if legal action is _ necessary by either party with respect to the enforcement of any or all of the terms or conditions.herein exclusive venue for the enforcement of. same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE 'TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THE PROJECT. CONTRACTOR SHALL SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE PROVISIONS OF THfS CONTRACT. 6.11 Amendments ITB 20.19=128-AG MAURICE GIBB FLOATING DOCK Page 7 No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment-or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 6.13 Public Records City of Miami Beach is a public agency subject to Chapter 119, Florida Statutes. As required by Chapter 119,. Florida Statues, the Contractor and all sub-contractors for services shall comply with Florida's Public Records Law. Specifically,the contractor and sub-contractors shall: 6.13.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 6.13.2 Provide the public with access to such public records on the same terms and conditions.that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; 6.13.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are riot disclosedexcept as authorized by law;and 6.13.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and _ — .___ -destroy-anysluplicate_pubtic.records„that:are exempt-or_.confidentlataad exempt.- - - 6.13.5 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Contract and the county shall enforce the Default in accordance with the provisions set forth in the General Terms and Conditions, Article 16. ITB 2019-128-AG MAURICE GIBB FLOATING DOCK Page 8 j 1 IN WITNESS WHEREOF,the parties have set their hands and seals the day and year first above written. , ATTEST: THE CITY OF MIAMI BEACH. FLORIDA illi . •City C/?i1 121(( tN ayor ATTEST: 4' •XI: N 'CONSTRUCTION COMPANY `'7' �, =�,4,- Vis, r .� . , Signature/Secretary 0, '''`'1"��'�-Slgiiai it` `esident Print Name ; ig�'.' ..;'c..;'_'Piint�tNafie , ,ir,,',.r,.... ,,, k 1 2-1/2-e r 5 Date ATTACHMENTS ATTACHMENT A-Resolution, Commission Item Summary, and Commission Memorandum ATTACHMENT B-Invitation to Bid(°iTB°) ATTACHMENT C-Bidder's Response to the ITS ATTACHMENT D-Insurance APPENDIX D:Required Forms APPENDIX D-1: Form of Performance Bond APPENDIX D-2:Form of Payment Bond . _ __.. APPENDIX D-3:Certificate of-Corporate Principal-----_.--------.--------_.__._._-.-_. :._-.- -___- ...---_..... APPENDIX D-4:Performance and Payment Guaranty Form: Unconditional Letter of Credit APPENDIX D-S:Certificate of Substantial Completion APPENDIX D-6:.Final Certificate of Payment - . APPENDIX D-7:Form of Final Receipt APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION j . k' q — Z3— (41CVYAtt 9 Data ITB 2019-128-AG MAURICE 01138 FLOATING DOCK Page 9 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Competitive Bid Reports-C2 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager - DATE: July 17,2019 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB)NO.2019-128-AG, FOR MAURICE GIBB FLOATING DOCK. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach,Florida approve the City Manager's recommendation pertaining to the bids received,pursuant to.ITB No.2019-128-AG,for Maurice Gibb Floating Dock. ANALYSIS Currently, individuals who wish to launch non-motorized marine vessels, including kayaks, canoes,and paddieboards are limited to launching from the boat ramp at Maurice Gibb Park and the non-motorized vessel ramp at Pine Tree Park. The City has received complaints from City residents of conflict between commercial and non-commercial operators of motorized and non-motorized vessels due to the lack of order relative to traffic in and out of the boat ramp at Maurice Gibb Park.Based on the analysis conducted by City staff and input from the Miami Beach Marine Waterfront Protection Authority,the Administration recommended the building of a floating dock adjacent to Maurice Gibb Park from which these non-motorized vehicles can be launched. As a result, the staff prepared plans and specifications to seek proposals from qualified firms to provide a floating dock at the Maurice Gibb Park.The purpose of the ITB was to seek bids to complete the project. ITB PROCESS ITB No.2019-128-AG,was issued on March 1,2019,with a bid opening date of April 22,2019. Four(4)addenda were issued.The Procurement Department issued bid notices to 666 companies utilizing www.publicpurchase.com website and 496 via email notifications. Sixty-one(61)prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of three(3) bids being received from:Shoreline Foundation, Inc., Kearns Construction Company and Ebsary Foundation Company.Below is a summary of the total bid prices submitted: Shoreline Foundation,Inc. $440,145 Keams Construction Company $541,681 Ebsary Foundation Company $622,845 "` The Procurement and Public Works Departments determined that all three bidders met ttie requirements of the ITB,including: 1. Bid Guaranty: Bidder shall submit an original bid bond,certified check,cashier's check as bid guaranty. 2. Licensing Requirements: Bidder shall be licensed by the State of Florida or Miami Dade County,as applicable,to perform the work. Furthermore,staff verified that all three bidders complied with the previous experience of the firm as stated below. 1 . Previous Experience(Firm):Bidder must have completed a total of three(3)projects of similar scope and budget within the last ten(10)years,two(2)of which must be successfully completed,the third of which may be ongoing. Below is a brief summary of the three firms. Shoreline Foundation,Inc, According to the information provided by Shoreline Foundation,.Inc.,the firm has been in business since 1986 and licensed by the State of Florida as a General Contractor.Shoreline is also a prequalified contractor for Florida Department of Transportation(FDOT) for minor bridges rip rap; sheet piles and bulkheads. Further, Shoreline has been awarded two (2) contracts for construction of seawalls,on an'as needed"basis and have completed,or are in the process of completing,11 projects for the City. However,in its due diligence review,staff discovered that on October 25,2018,Shoreline plead guilty to false,fictitious,or fraudulent claims in relation to a project awarded by the United States Coast Guard(USCG)for the replacement of four aging channel marker range lights at the Port of Miami.Shoreline was convicted of completing the demolition of the existing channel marker range lights without doing a pre-demolition survey, as was required by the permit and the terms and conditions of the proiect and, despite not having completed the work, the firm invoiced the USCG for work not done. Shoreline Foundation, Inc. has claimed that it was unaware that the subcontractor had snot performed the environmental work. However, Shoreline Foundation, Inc. has also acknowledged that it is ultimately responsible for the actions of its subcontractors. As a result of the above referenced matter, The Florida Department of Transportation (FDOT) entered into an agreement with Shoreline Foundation, Inc.in which Shoreline Foundation, Inc.would voluntarily restrain for a period of one(1)year,between June 1, 2019 through May 31,2020,from a)bidding on projects led by FDOT and b)quoting work as a subcontractor or materials supplier on FDOT projects. Kearns Construction Company According to the information provided by Keams Construction Company,the bidder has been registered to do business in Florida and licensed by the State of Florida as a general contractor for over 18 years. Since 2015,Keams Construction Company has been awarded two(2)contracts for construction of seawalls,on an"as needed"basis.Further,in 2017 the City Manager authorized Keams Construction Company to repair the seawall adjacent to the Fleet Management Departments facility under an emergency which was at that time severely deteriorating to the point that a portion of the walkway had collapsed and contained cracks. Ebsary Foundation Company According to the information provided by Ebsary Foundation Company,the bidder has been in business since 1930 and licensed by the State of Florida as a general contractor. Ebsary Foundation Company also has been awarded by the City of Miami Beach a contract for the construction of seawalls,on an"as needed"basis as a tertiary vendor,however no work has been assigned since the execution of the contract. CONCLUSION ' In reviewing the bids received and the legal matter regarding Shoreline Foundation, I note that Section 2-369 of the City Code requires that,in addition to price,the following factors shall be considered in the award of contracts: (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 While I recognize that Shoreline Foundation has submitted the lowest bid in response to the ITB, I am concerned with the facts regarding the Port of Miami project and the recent actions taken by FDOT as highlighted above.As a result, I have asked staff and the City Attorney's Office to review the matter and advise on any future actions that may be necessary by the City.Until that review is completed, I do not believe it is prudent to award any further projects to this firm. However, I have advised staff to allow Shoreline Foundation to complete any projects already awarded and under construction as changing contractors"at this point would be very disruptive and likely increase projects costs. Therefore, I recommend that the Mayor and City Commission of the City of Miami Beach,Florida,approve the award of a contract to Keams Construction Company,the lowest responsive,responsible bidder to the I TB,in the amount of 541,681,plus a 10%owner's contingency of$54,168.10, for a total contractamount of$595,849.10; and further authorize the City Manager and City Clerk to execute a contract KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION. Expenditures will be based on previously approved funding. Legislative Tracking Public Works/Procurement 1 ATTACHMENT B SOLICITATION (ITB) AND ADDENDUMS MIAMIBEACH Procurement Department, 1755 Meridian Avenue,3rd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov,305-673-7490 ADDENDUM NO. 4 INVITATION TO BID NO. 2019-128-AG MAURICE GIBB FLOATING DOCK April 17, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other, clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). THE DEADLINE FOR QUESTIONS HAS PASSED. NO FURTHER QUESTIONS WILL BE CONSIDERED. I. ITB DUE DATE AND TIME. Thedeadline for the receipt of bids is extended until 3:00 p.m., on Monday, , April 22.2019,at the following location: - City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. II. RESPONSES TO QUESTIONS RECEIVED: Q1. The plans specify two large concrete.floats assembled together to form one large "L." The largest concrete floating dock is 60' x 14'. This large single float may weigh 80,000 pounds +. May the contractor divide this float into two smaller pieces (40,000 pounds each)? Al. The two(2) concrete floaters, 60 x 14 and 50 x 10, may each be split in half(30' x 14' and 25'x 10', respectively). However,the contractor is required to provide proper and adequate Jointing. Contact: Telephone: ' Email: Alian Gonzalez 305-673-7000 ext. 6799 aliangonzalezmiamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders" questionnaire•with the reason(s)for not submitting a proposal. Sin yely, • '-x penis Procurement Director MIAMIBEACH Procurement Department, 1755 Meridian Avenue,3'd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov,305673-7490 ADDENDUM NO. 3 INVITATION TO BID NO. 2019-128-AG MAURICE GIBB FLOATING DOCK April 11, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. ATTACHMENT(S): • Exhibit A—AccuDock Specifications. • Exhibit B—Aerial Map of Staging Area II. RESPONSES TO QUESTIONS RECEIVED: Q1. Will the City provide a contractor staging area? Al. Yes. Q2. Please define the size and location of the contractor staging area? A2. See Exhibit B of this addendum for aerial map of location and size of the staging area. Q3. Will the City provide onsite parking for the contractor? A3. ) No, the City will not provide. any parking spaces, the Contractor is responsible for its own parking. Q4. How many spaces will the City provide to the Contractor? A4. Refer to responses A3 above. . Q5. Will the City require builder's risk insurance? A5. Refer to section 0500(8) of the ITB .for the Insurance Requirements for this project. , Q6. Who will pay for the builder's risk insurance? A6. The contractor is responsible for the cost of the insurance. . Q7. What is the current status of the environmental permits (DEP, Army Corp and DERM)? A7. Environmental permits necessary for this project have been obtained, see Appendix G of the ITB. 1 ' ADDENDUM NO.3 INVITATION TO BID(ITB)NO.2019-128-AG MAURICE GIBB FLOATING DOCK Q8. Will the City pay for the environmental permits? A8. Refer to response A7 above. Q9. What is the current status of the City of Miami Beach permit? A9. City of Miami Beach Permit is ready to be issued once a special inspector is in place. Q10. Who will pay for the City of Miami Beach Permit? A10. City of Miami Beach Permit fee has already been paid for. Q11. Drawing C-4 specifies external pile guides. Suggest that the City specify internal pile guides for the concrete piles. Al1. Use specified external pile guides. Q12. Suggest adding a heavy duty 6" dumper around the perimeter of the concrete floating dock. Al2. Concrete floating dock to be installed as specified. Q13. Concrete pile specifications are commercial grade piles.,Suggest changing to FDOT type concrete piles. A13. Concrete pile shall be constructed as specified in Appendix F of the ITB. Q14. Will the City hire and pay for the engineered pile logs? A14. No. Contractor shall provide pile logs. Q15. Does this ITB include the upland work(sidewalk, stairs and handrails)? A15. Yes, refer to Appendix F of the ITB. Q16. Please provide the required bid form? A16. For Bid Tender form please refer to Attachment A-2 of the ITB. Q17. The plans specify two large concrete floats assembled together to form one large °L.° The largest concrete floating dock is 60' x 14'. This large single float may weigh 80,000 pounds +. May the contractor divide this float into two smaller pieces (40,000 pounds each)? A17. No. - Q18. For the concrete floating docks, does the City require signed and seal engineer shop drawings from the supplier of docks? A18. Yes. Q19. Can an area of the park be fenced off as a staging area? A19. Refer to response Al. 2 I ADDENDUM NO.3 INVITATION TO BID(ITB)NO.2019-128-AG MAURICE GIBE FLOATING DOCK Q20. Which City Department will administer this project? A20. Public Works Department. Q21. Will the Contractor be reimbursed for all the permits? A21. Refer to responses A7 and A10. Q22. Does the Contractor have to go with a specific Manufacturer? A22. The floating dock is Accudock or approved equal. Refer to Exhibit B of this Addendum for the specifications of the floating dock. However, Bidder(s) may submit "or equal" alternatives by other manufacturers which will perform or serve the requirements of the general design. The sole opinion of Consultant and the City in regards to whether the alternative product is equaliin substance, quality and function, shall be final and binding. Q23. - Will the City consider bids for concrete floating docks and one for aluminum frame docks? A23. No, bids must be as specified in Appendix F—Plans of the ITB. Q24. What is the budget forthis project? A24. :$600,000. Q25. Will the project be canceled if it goes over the budget? A25. Unknown at this time. Q26. What is the size of the pile? A26. 14"x14" concrete piles and 12" diameter wood piles, refer to Appendix F Plans of the ITB. Q27. What is the location of the project? A27. 18th Street-& Purdy Avenue, Miami Beach, FL 33139. Q28. Can you advise us what is the preferred docking system specified in the bid package? Is it floating and if so,would it be floating aluminum, concrete, steel or wood docks? A28. Accudock floating dock or approved equal, refer to Exhibit B of this Addendum and response A22. Q29. Regarding the above referenced project, can the experience come from our subcontractor? A29. Yes. Q30. Is there any prevailing wages for this project? A30. No. IMISNIMINIONIIIIENUMAI 3 ADDENDUM NO.3 INVITATION TO BID(ITB)NO.2019-128-AG MAURICE GIBB FLOATING DOCK 1 Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadot miamibeachfl.gov Contact: Telephone: Email: Allan Gonzalez 305-673-7000 ext. 6799 aliangonzalez a(�miamibeachfl.gov _ Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders" questionnaire with the reason(s)for not submitting a proposal. :in a ely, Al:, Den'. t.r, Pr.cure -, t Director • N • 4 ADDENDUM NO.3 INVITATION TO BID(ITB)NO.2019-128-AG MAURICE GJBB FLOATING DOCK EXHIBIT A-ACCUDOCK SPECIFICATIONS 5 ADDENDUM NO.3 INVITATION TO BID(ITB)NO.2019-128-AG MAURICE GIBB FLOATING DOCK . x`:.11 C Your First Choice for Floating Dock Solutions AccuDock Floating Dock Specifications: 1. Standard Modular Floating Dock Sections 1-A. Each AccuDock floating dock section shall be composed of hand welded High Density Polyethylene(HDPE)sheet plastic, using non-rotationally molded floats. AccuDock sections are manufactured using individual sheets for sides,ends, bottoms,and tops.With a 100% guaranteed universal wall thickness of.150 inches(min.),and completely encapsulated expanded polystyrene(EPS)foam.The lid or top surface has a 2-1/2"lip around the entire float. 1-Al. HDPE plastic will be white in color,and have a levant non-skid texture. It will incorporate an ultraviolet inhibitor of UV-8 or better.All plastic material meets requirements of ASTM D4976—PE 235&FDA 21CFR 177.1520. 1-A2.The density of an AccuDock section is equal to approximately.950 grams per cubic inch or.058 grams per cubic centimeter per ASTM D4883. 1-A3.The tensile strength at yield will be no less than 3800 pounds per square inch,and at break no less than 4400 pounds per square inch,per ASTM D638 1-A4.The material will have a cold brittleness temperature at no less than-103°F 1-B.Completely encapsulated EPS shall be 100%virgin material and be of a closed cell nature allowing no more than 3%water penetration.This specification will ensure all AccuDock sections will never sink. Floatation shall not be accomplished by use of air pockets in any form. 1-B1.All EPS foam block used in the manufacturing process will be pre-cut and hand trimmed to exact size,then hand loaded into each float section to ensure 100%foam filled,air-tight encapsulation. 1-C.Sections will have a marine grade aluminum frame surrounding the entire perimeter which will be 2"x 2"x.125"square tubing with radius corners made of 6061-T6 series aluminum. Each aluminum frame will be attached to the float section or HDPE top with 5/16" FOR MORE INFORMATION CALL 954.785.7557 OR EMAIL SALES@ACCUDOCK.COM WWW.ACCUDOCK.COM 1790 SW 13th Court Pompano Beach, FL 33069 U. ` J Ck Your First Choice for Floating Dock Solutions x 2-3/4"304 series Stainless Steel carriage bolts. However,sections that are designed to be used individually(work floats)will not have an aluminum frame. 1-D. Each section shall have a maximum weight of no more than 120 pounds,and shall draft . no more than 1"under dead load.Specified live load capabilities of 62 pounds per cubic foot will be supported. 2. Connections of Standard Modular Float Sections 2-A.All connectors provided for assembly of adjacent sections are designed for each individual custom configuration. Connectors shall be made from 6061-T6 Marine grade aluminum and typically be of 1.66"x.1.66"x.125"square tubing. 2-B. Connectors will create a rigid and stable connection between float sections. 2-C.Connectors will be bolted into place with a combination of 304 series Stainless Steel carriage bolts and hex cap screws. 3. Accu Dock Heavy Duty Dock Sections 3-A.AccuDock Heavy Duty Dock sections are available upon request and by suggestion of an AccuDock team member.These sections are built to any size configuration as needed by the customer,and are built with several different decking options available. 3-Al. Heavy Duty systems will be built using an aluminum C-Channel frame system with .125"wall thickness,with height of either 4",-6"or 8"C-Channel. Aluminum will be 6061-16 marine grade.Spacing of cross member(s)will depend on desired decking,but in no circumstance be greater than 24"center to center. All sections will have corner strength gussets,and sections are pre-drilled for ease of field installation. 3-A2..Floatation of the heavy duty dock sections will be accomplished using our standard fabrication process as illustrated below. 3-A2.1 Each AccuDock float section shall be composed of hand welded High Density Polyethylene(HDPE)sheet plastic, using non-rotationally molded floats. AccuDock sections are manufactured using individual sheets for sides, ends, bottoms,and tops.With a 100%guaranteed universal wall thickness of FOR MORE INFORMATION CALL 954.785.7557 OR EMAIL SALES@ACCUDOCK.COM WWW.ACCUDOCK.COM 1790 SW 13th Court Pompano Beach, FL 33069 AmrlOck Your First Choice for Floating Dock Solutions .150 inches(min.),and completely encapsulated expanded polystyrene(EPS) foam. 3-A2.2. HDPE plastic will be black in color.All plastic material meets requirements of ASTM D4976—PE 235&FDA 21CFR 177.1520. 3-A2.3.The density of an Accu Dock section is equal to approximately.950 grams per cubic inch or.058 grams per cubic centimeter per ASTM D4883. 3-A2.4.The tensile strength at yield will be no less than 3800 pounds per square inch,and at break no less than 4400 pounds per square inch, per ASTM D638 3-A2.5.The material will have a cold brittleness temperature at no less than -103°F 3-A2.6.Completely encapsulated EPS shall be 100%virgin material and be of a closed cell nature allowing no more than 3%water penetration.This specification will ensure all AccuDock sections will never sink. Floatation shall not be accomplished by use of air pockets in any form. 3-A2.7.All EPS foam blocks used in the manufacturing process will be pre-cut and hand trimmed to exact size,then hand loaded into each float section to ensure 100%foam filled,air-tight encapsulation. 3-A3. Floatation will be lag bolted into the bottom of the C-Channel with 3/8"x 1-1/2" stainless steel lag bolts.All heavy duty sections are bolted together with 3/8"x 5" stainless steel 304 series hardware.Several decking options are available to which Phillips oval-head deck screws are provided at time of shipment,so that the decking can be bolted down into the C-Channel. 3-A4.The percentage of the footprint of floatation to the overall footprint of the dock surface area will be no less than 75%to maximize overall stability. 4. Attachments 4-A.Attachments will be specific to each customer,however all approved sales will have an AccuDock recommended attachment method which will be covered under warranty.All FOR MORE INFORMATION CALL 954.785.7557 OR EMAIL SALES@ACCUDOCK.COM WWW.ACCUDOCK.COM 1790 SW 13th Court Pompano Beach, FL 33069 A r-•-• • �..igCk J Your First Choice for Floating Dock Solutions attachment methods shall hive the ability to bolt directly into the framing system on every float section.There will be no set area where an attachment must take place.All Attachments will bolt into the framing system with 304 series Stainless Steel hardware. 4-B.Attachment methods include all of the following,as well as custom brackets not mentioned:Anchoring to pilings,seawalls,bulkheads,existing floating docks,spud poles, cross anchoring underneath dock,anchor chains,eco-mooring rodes with helix anchors, gangway hinge points,control arm hinges,standoffs.ALL ATTACHMENT METHODS WILL NOT HAVE A SPECIFIED LOCATION WHERE THEY MUST BE ATTACHED. DURING FIELD INSTALLATION,THE INSTALLER WILL HAVE THE ABILITY TO MOVE THE LOCATION OF THE ATTACHMENT METHOD ON THE ACCUDOCK FLOATING DOCK AS NEEDED. 4-C.AccuDock approved attachment methods often rely on correct information provided by the customer.Drawings and/or Engineered stamped plans can be supplied upon request. 5. Accessories: . 5-A.All AccuDock accessories will bolt directly into the framing system on every float section.There will be no set area where an accessory must be positioned.All accessories will bolt in the framing system with 304 series Stainless Steel hardware. 5-B.Common accessories include but are not limited to: 5-B1.Cleats—Plastic-shall be 8"or 10" Black cleats measuring no more than 1-1/2" wide with a height of 1-5/8"above the surface of the dock section.2"x 2"x.125" • Framing system will allow cleats to be installed anywhere along the perimeter of the floating dock system. 5-B2. Cleats—Aluminum—S-Style aluminum cleats,supplied with Y2"mounting hardware. 2"x 2"x.125" Framing system will allow cleats to be installed anywhere along the perimeter of the floating dock system. 5-B3.AccuDock Bumpstrip—will be installed.with 5/16"carriage bolts and a double sided adhesive tape on the exterior wall of the 2"x 2"x.125"aluminum frame on specified float sections prior to shipment. Bumpstrip will have a P Profile with either a clay tone or beige color. FOR MORE INFORMATION CALL 954.785.7557 OR EMAIL SALES@ACCUDOCK.COM WWW.ACCUDOCK.COM 1790 SW 13th Court Pompano Beach, FL 33069 A „11 ck Your First Choice for Floating Dock Solutions 5-B4.AccuDock Safe Launch Feature—will be provided`upon customer request in proper dock configurations that.incorporate a drive in slip.Safe Launches are made out of 1.66" x 1.66"x.125"aluminum tubing with a.150"thick white non-skid plastic sheet surface. Safe Launches have a double adjustment.The inside end utilizes hinge pins that will have the ability to be placed into one of four pre-drilled locations.The outside end is a single rope adjustment which is the main adjustment point and will be tied off to two cleats which come pre-installed with a triangular aluminum diamond plate finish. Safe Launch adjustment is designed to be easily accomplished regardless of age or gender. Typical sizes of an AccuDock Safe Launch are either 30"x 8'or 30"x 12'. 5-B5.Overhead Assist Bars,Side Assist Bars,Stand Up Paddleboard Assist Bars-will be field installed at customer's desired location. Materials used will be 1-1/4"schedule 40 aluminum pipe,attaching to the surface of each float with 304 series Stainless Steel hardware, being bolted through the 2"x 2"x.125"aluminum framing system on each float section. 5-B6. Miscellaneous Accessories—will have the ability to attach to the 2"x 2"x.125" aluminum framing system on each float section with 304 series Stainless Steel hardware. This feature will allow the customer to place any accessory where the desire along the perimeter of each float section. 6. Railings 6-A.Standard railings will be 1-1/4"schedule 40 aluminum pipe,attaching to the surface of each float with 304 series Stainless Steel hardware,being bolted through the 2"x 2"x.125" aluminum framing system on each float section. Railings typically are single,double,or ADA specified triple railing based on customer's request and requirements. 6-B. Railing fabrication has the ability to make sockets if customers require easily removable railings. 1-1/4"schedule.40 aluminum railings will sit in 1-1/2"schedule 40 aluminum pockets and be held into position with a 5/16"x 2-1/2"Stainless Steel quick release pin. 6-C. Railing design also includes the ability to add custom size hinging gates upon request. Hinging gates will incorporate a Stainless Steel quick release locking pin. 6-D.All railing configurations can be built in accordance with OSHA standards. FOR MORE INFORMATION CALL 954.785.7557 OR EMAIL SALES@ACCUDOCK.COM WWW.A000DOCK.COM 1790 SW 13th Court Pompano Beach, FL 33069 A . c Your First Choice for Floating Dock Solutions 7. AccuDeck Low Profile Decked Docks 7-A.All AccuDeck upgraded floating dock systems incorporate the same standard AccuDock fabrication processes for float sections and framing systems as outlined above in Specifications 1&2.The design of the AccuDeck is customer,specific,and dimensions of overall layouts will vary,with the basic specifications below remaining constant. 7-Al.The AccuDeck independent framing system is constructed of 6063-T5 1-1/4"x 1- 1/4"x 1/8"aluminum channel.The AccuDeck frame system will cover the entire surface area of the standard AccuDock system,as well as incorporate spacing members on 16" centers as required for decking support.The AccuDeck frame is built in smaller sections for ease of installation,and is bolted to adjoining sections with 304 series Stainless Steel hardware.The entire AccuDeck frame system is through bolted with 304 series Stainless Steel hardware to the standard AccuDock 2"square aluminum tube framing. 7-A2.The AccuDeck walkingsurface utilizes WOLF PVC deck boards measuring 1-inch- thick x 5.5 inches wide with a solid cross section and an embossed simulated wood grain non-skid pattern surface on both sides of each individual deck board.WOLF deck boards are ICC code approved—CCRR—0141,and are rated for a uniform live load of 100 lbs/ftz where structural performance has been demonstrated for a temperature range from -20°F to 125°F.WOLF Decking is currently available in seven different color options, however other decking options are availableupon request.The deck boards are coated with an ASA cap stock resin which helps retain its original color under'prolonged exposure to sun and weather. Additionally,WOLF Decking has a 25-year stain and fade warranty. 7-A3.Side skirt boards will be suggested and included on all AccuDeck systems for a complete and finished look.Skirt boards will be screwed into both the AccuDock standard frame system,as well as the AccuDeck specific framing.Skirt boards will use the same deck boards as the AccuDeck surface. 9-A4.The additional weight of the AccuDeck system will result in additional draft of 1 inch from the standard AccuDock system.The additional height of the AccuDeck system will result in an additional total freeboard of 1-1/4". FOR MORE INFORMATION CALL 954.785.7557 OR EMAIL SALES@ACCUDOCK.COM WWW.ACCUDOCK.COM 1790 SW 13th Court Pompano Beach, FL 33069 • Ale' U S_NL7 ck Your First Choice for Floating Dock Solutions 7-B.AccuDeck Low Profile Rowinq Docks 7-B1.Accu Dock float sections to be used underneath an Accu Deck system for rowing purposes will be built to different specifications.Standard AccuDock float section will be 5'x 8'x 5-1/4" height,with a footprint of floatation to surface area at no less than 87%.The high footprint of floatation percentage maximizes necessary stability for the rowing dock applications.Resulting freeboard for rowing specific uses will be no greater(higher)than 6"at dead load. 7-B2.Side Skirt boards on Accu Deck rowing docks are designed to match freeboard height.Skirting will drop down to water level height which will prevent any damage to the rowing shells. 7-B3.The entire AccuDeck Rowing Dock design should allow for an easy reconfiguration into numerous different dock systems for rowing applications to meet exact FISA standards. Including but not limited to:Starting Docks,Pod Docks,Official's Platforms, and additional Launch Docks. Reconfiguration will be accomplished by an AccuDock designed quick-disconnect system to allow for easy separation. 7-B4.AccuDeck designed rowingdocks will allow for the addition of accessories, including but not limited to: rub rail/bumpstrip, pop-up cleats,solar lighting,reflectors, additional platforms for awards ceremonies,etc. 8. AccuPort(PWC Drive-On Dock) 8-A.The AccuPort is a Wave Port SLX6 PWC Port manufactured by Wave Armor.This system is 12'-8" Long x 6'Wide x 12" High. It is larger than the SLX5,thus allowing more standing surface on each side which makes mounting and dismounting a PWC much easier. It has a total weight of 321 lbs with a rated buoyancy of 2500 lbs. 8-Al. Manufacturing Details—The AccuPort consists of a roto-molded polyethylene construction that has built-in UV protection. It is entirely white polyethylene which keeps it cool in the sunlight,and it has a textured finish which provides a non-slip surface. It has a foam-filled inner structure which provides sufficient buoyancy while also ensuring that the AccuPort will not sink if water were to penetrate the polyethylene outer shell. FOR MORE INFORMATION CALL 954.785.7557 OR EMAIL SALES@ACCUDOCK.COM WWW.A000DOCK.COM 1790 SW 13th Court Pompano Beach, FL 33069 f"Nal-11 111,9 0 ck Your First Choice for Floating Dock Solutions 8-A2. Features—The AccuPort comes with a removable bow stop that has a tie-down ring which can be used to secure the PWC to the AccuPort. Also, it has ten adjustable polyurethane overlaid wheels which aid the PWC in easily gliding up onto the AccuPort; these wheels can be moved in or out to accommodate different sizes of PWC's. The AccuPort also has molded-in mounting pockets in each corner that can be used to anchor it in place. 8-B.The AccuPort can stand alone,connect to another AccuPort,or connect to an existing floating dock. It can stand alone by anchoring it in place through the corner mounting pockets. It can attach to another AccuPort by using an SLX attachment kit. Lastly,it can attach to a floating dock section by using an SLX attachment kit along with a custom Accu Dock attachment bracket. FOR MORE INFORMATION CALL 954.785.7557 OR EMAIL SALES@ACCUDOCK.COM WWW.A000DOCK.COM 1790 SW 13th Court Pompano Beach, FL 33069 • • EXHIBIT B -AERIAL MAP OF STAGING AREA • • • 6 ADDENDUM NO.3 • INVITATION TO BID(ITB)NO.2019-128-AG MAURICE GIBB FLOATING DOCK 4a 1 Rule �! -"3''' -- -{ 1 lyll."' �- G •+ „,� r t'� 4-!----1-3, II'..>a` __ .. l r. _ ' .. -'._ ° '^. 1 ±r' - r.-•'w --�-_' ` "k f 'p.�.` , t, T " , r • , a Line ; Path Polygon �..Circle 3D path ! 3D polygon , '• -.. i i. . .„ rt distance —— �s �' � 1\": � -----t--..-44‘1 .. '' t�)t t4. _ y,�;i Measure the or area of a geometric shape on the ground I , ► aM i LL cif Y r ..t1,..e, r it v �n v,,� i,,e" � A ; .;i R + r r� #J; '' �-z � a Perimeter: 161.26!Feet - I i 8" is +-.� � ,../ .w.,.. / • "`'�'�'°� �► .....r �J,..� L' iii - , f' '' .3-", j{..--,' Area: 1,458.0 1 L ~ Squa a �•, � ,f'. � e-.4.....‘ 6 i re Feet — — t +`t ..,•47c.::•_,,,:-----..:,.................,-,--__•--;, `4°k__(-+ �. 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Jg cj� I'r,; 7.44_:',44.,i,, + ! ,," r' • + r a <'J` ,..• • ��7 / '` ` ', ' `c - . 1! I_ •--rte _ /i-_f• r► 0. r .„ .211111, 4‘7:4 } 74: .- �' _,1-;..,,30 ,'"::::-,,,..•-.,.;. ,--� ' /{i• is/ \�\�� ~ . f'y "i( ..- , �, \ , , - `�-4 f .y. \cL\. ; y: f Y ,x yAr , r//+ a� .. �, Proposed staging area. ' - 1, r lg. '�. ;';` it Approximately 1450sgft t ' E SFS - - ,,w�<r�1.,4210 ., a. ., J, ` • - ^ ' .'fi ,r .p.4,4........,.."„,,, � .. .. :ici � �,..c.- j. - _- _•t I _... ,' a\ • y y , i_`# `fir gt t iii/w �! • y ' --...L-,...."..h.../.,,,:14.+•. ? '� 4C• 4 .Sar • . •::♦•ti, 5.•� A �•'Q -44 444 �'..„,••b� 1`s4 L1n a�,3.. '4.‘,4.ms �./. ��+ tjo �eL... Q . t ' .-42....4,...,,,s,?.., t � ,s - }esyk�r5` • r • MIAMIBEACH Procurement Department, 1755 Meridian Avenue,3rd Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov,305-673-7490 ADDENDUM NO. 2 INVITATION TO BID NO. 2019-128-AG MAURICE GIBB FLOATING DOCK April 5, 2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only(deletionsare shown by strikethrough and additions are underlined). I. ITB DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Friday. April 19, 2019, at the following location: City of Miami'Beach Procurement Department 1755 Meridian Avenue, 3b Floor Miami Beach, Florida 33139. Late bids will not be accepted. Bidders are cautioned to plan sufficient time to allow for traffic or other delays for which the Bidder is solely responsible. II. ATTACHMENT(S): • Exhibit A-Pre-Bid Meeting Sign-In Sheet RESPONSES TO QUESTIONS RECEIVED WILL BE PROVIDED IN A SUBSEQUENT ADDENDUM. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado( miamibeachfl.00v Contact: Telephone: Email: Allan Gonzalez 305-673-7000 ext. 6799 alianaonzalez(a�miamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Si er „ Ale De - Pr cure nt Director • 1 ADDENDUM NO.2 • INVITATION TO BID(ITB)NO.2019-128-AG MAURICE GIBB FLOATING DOCK • Exhibit A- Pre-Bid Meeting Sign-in Sheet. • • • • 2 ADDENDUM NO.2 INVITATION TO BID(ITS)NO.2019-128-AG MAURICE GIBB FLOATING DOCK MIAMIBEACH CITY OF MIAMI BEACH PRE-BID MEETING SIGN-IN SHEET DATE: Tuesday, March 12, 2019 TITLE: INVITATION TO BID (ITB) 2019-128-AG MAURICE GIBB FLOATING DOCK NAME COMPANY NAME PHONE NUM@ER EMAIL ADDRESS (PLEASE PRINT) 1 ALIAN GONZALEZ CMB-PROCUREMENT 305-673-7490AI.IANCiONZALi Z@MIAMIB ACMFL.GOV 2 /o r.. .eKe.../ a'ek1c✓V 4 Yo?— q, - V536 �Iw... a az_, . e."- 3 4z ,P c7L+-v►-�i CNS-`'y{-ruc. .c: ��tet +"v'��s� �P �i? vt `� ,,..sj S 7S' { 667rd ��,►`� C' �``„) cre i 4 .0.4xe/N)5- -etc-651163A- d --AA/ 3 X 6 7 7 0 a0 A-047.14" j t ij 5 5,44 ai Ai 2,»u ts a7(4o s S c 7 3 9? � Y '�/ e 6r.4-- ov,✓c�. 6 rC.� � nom_ ik,30 JCL) C�jUARh" Phe-cC) l 0C. 305- ad 1 S I $' Zi 4 �7 a �� .�cun�r►--«c• c�r�t 7 8 10 11 12 13 14 15 16 17 ITB 2019-128-AG MAURICE GIBB FLOATING DOCK IPRE-BID MEETING'Page 1 of 2 MIAMIBEACH Procurement Department, 1755 Meridian Avenue,3`a Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov,305-673-7490 ADDENDUM NO. 1 INVITATION TO BID NO. 2019-128-AG MAURICE GIBB FLOATING DOCK March 11,2019 This Addendum to the above-referenced ITB is issued in response to questions from prospective bidders, or other clarifications and revisions issued by the City. The. ITB is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). I. PRE-BID CONFERENCE DATE, TIME & LOCATION: March 12, 2019 @ 10:00 AM ET Presucernc -Parkinq Department c4 2nd Floor; Large Conference Room 1755 Meridian Avenue Miami Beach, FL 33139 Dial-in Instructions: • Dial the Telephone Number: 1-888-270-9936 • Enter the Meeting Number: 9415468 5804578 and then press the pound (#) key Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranadoCa�miamibeachfl.00v Contact: Telephone: Email:. Allan Gonzalez 305-673-7000:ext. 6799 aliangonzalezamiamibeachfl.gov Bidders are reminded to acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. /TS' yDen' re ent Director 1 ADDENDUM NO.1 5 INVITATION TO BID(ITB)NO.2019-128-AG MAURICE GIBB FLOATING DOCK INVITATION TO BID ITB f 1 Maurice Gibb Floating Dock ITB No. 2019-128-AG • BID ISSUANCE DATE: MARCH 1, 2019 BID OPENING: APRIL 12, 2019 ISSUED BY: ALIAN GONZALEZ MIAMIBEACH Allan Gonzalez, Contract Compliance Administrator PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x7490 www.miamibeachf.gov. aliangonzalez@miamibeachfl.gov BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 1 • r` MIAMI BEACH INVITATION TO BID SUMMARY Bid Element Description Invitation to Bid No. 2019-128-AG Estimated Construction Budget $600,000.00 ITB Title: Maurice Gibb Floating Dock Basic Description of the Scope of Work: The City seeks proposals from qualified firms to install a functionally complete floating dock for non-motorized marine vessels at Maurice Gibb Park. Bid Issuance: March 1, 2019 Technical Drawings and Specifications are available for free download at: www.publicpurchase.com OR are available on CD for pick up fora fee of$20.00 at: Procurement Department Third Floor; 1755 Meridian Avenue Miami Beach, FL 33139 Pre-Bid Conference March 12, 2019 @ 10:00 AM ET Date, Time, & Location: Procurement Department I=1Meeting is Mandatory(only if box is 3rd Floor; Conference Room checked) 1755 Meridian Avenue Miami Beach, FL 33139 Dial-in Instructions: • Dial the Telephone Number:,1-888-270-9936 • Enter the Meeting Number: 9415468 and then press the pound (#) key Site Visit Date, Time, & Location: There will not be a scheduled site visit, however contractors 0 Site Visit is Mandatory(only if box is are encouraged to visit the site,at their convenience. checked) Last Day for Receipt of Questions: March 29,2019 AT 3:00 PM ET Bid Due Date &Time: April 12, 2019 AT 3:00 PM ET Bid Opening Date and Time: Immediately following the above due time or as close as feasibly possible. Formal Bid Opening Location Procurement Department - (respond to): Third Floor _ 1755 Meridian Avenue Miami Beach, FL 33139 Response Format: Per bid documents: 1. Sealed Opaque Envelope (Properly Addressed)As per Section 0400 Below Basic Bid Requirements: 1. Bid Guaranty of 5% Please reference Section 0300 for detailed information. ® is required at the time of bid submission. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 2 ❑ is NOT required for this project. 2. Performance and Payment bond equal to 100% of the total project: • ® SHALL be required prior to contracting with the successful bidder. Alternative security instruments will be considered under City Code. ❑ SHALL NOT be required for this project. Prevailing Wage Rates & Local ❑ SHALL be applied. Workforce Program Requirements ® SHALL NOT be applied unless project cost exceeds Please refer to Section 0200 and $1,000,000 for a covered project. Appendix C for detailed information and required forms for bid submittal. Project Completion Timeframe: 120 calendar days, Substantial Completion 30 calendar days, Final Completion Liquidated Damages: $250.00 shall be assessed for each day after Substantial Completion that the Work is not complete. Procurement Contact Information: Alian Gonzalez, Contract Compliance Administrator Phone: 305.673.7000 ext. 7490 E-mail: aliangonzalez(a�miamibeachfl.gov CONE OF SILENCE: Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager . are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientID=13097&statel D=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado(c miamibeachfl.gov. NOTIFICATIONS AND AMENDMENTS: Bid Notifications and Amendments are issued through the City's partnership with Public Purchase. To ensure receipt of all amendments to this bid, please make sure that your company is registered at: www.publicpurchase.com BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS PAGE 0100 DEFINITIONS 5 0200 INSTRUCTIONS TO BIDDERS 8 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS 13 0400 BID SUBMITTAL REQUIREMENTS & FORMAT 14 0500 GENERAL TERMS AND CONDITIONS 17 APPENDICES: PAGE APPENDIX A PRICE FORM, BID TENDER FORM, & SUPPLEMENTS 53 APPENDIX B LIST OF PLANS AND SPECIFICATIONS 82 APPENDIX C REQUIRED FORMS FOR BID SUBMITTAL 84 APPENDIX D REQUIRED FORMS (POST-AWARD) 95 APPENDIX E SAMPLE CONTRACT 107 APPENDIX F PLANS 116 APPENDIX G GEOTECHNICAL REPORT AND PERMITS 117 BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 4 0100 DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1 Bid: shall refer to any offer(s) submitted in response to this ITB. The terms "Bid" and "Bid Submittal" are used interchangeably. 1.2 Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3 Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4 City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5 City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 - Consultant: shall refer to a Registered Architect and/or Licensed Professional Engineer that has been contracted by the City to provide professional services for this project. 1.8 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9 Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Capital Projects Coordinator. 1.10 Contract Documents: The official documents setting forth bidding information, requirements and contractual obligations for the project and includes the Contract, Invitation to Bid, Scope of Work, Instructions to Bidders, Supplements, Technical Specifications, Exhibits, Certificated, Closeout Forms, General Conditions, Supplementary Conditions, Plans, Drawings, Addenda, Award by the City Commission, Bonds, Notice of Award, Notices to Proceed, Purchase Order(s), Change Order(s), Field Order(s), Supplemental Instructions, and any additional documents the submission of which is required by the Project. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 5 1.11 Contract Price: The original amount established in the Bid Submittal and award by the City, as may be amended by Change Order. 1.12 Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Sample Contract (Appendix E, attached), as may be amended by Change Order. 1.13 Contractor: The person or entity with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14 Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15 Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant;'any other documents required to be provided by Contractor have been received by Consultant; and, to the best of Consultant's knowledge, information, and belief, the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16 - Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.17 Notice(s)to Proceed:Written notice to Contractor authorizing the commencement of the activities identified in thenotice or as described in the Contract Documents. 1.18 Owner's Contingency: The Owner's Contingency is to cover construction related cost which were not specifically foreseeable or quantified as of the date of Bid submittal, including but not limited to the following: correction of minor defects or omissions in the Work not caused by the Contractor's negligence; cost overruns due to the default of any subcontractor or supplier; minor changes caused by unforeseen or concealed site conditions; and minor changes in the Work not involving adjustment in the Contractor Price or extension of the completion date and not inconsistent with the approved final plans and specifications. The Owner's Contingency is to be used solely at the discretion of the City. Prior approval by the City shall be required for the use of Owner's Contingency. 1.19 Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. r 1.20 Program Manager: Not applicable. 1.21 Project: The construction project described in the Contract Documents, including the Work described therein. 1.22 Project Initiation Date: The date upon which the Contract Time commences. 1.23 Resident Project Representative: Not applicable. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 6 1.24 Responsible Bidder: An offeror who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. • 1.25 Responsive Bidder: A person or entity who has submitted a bid which conforms in all material respects to a solicitation. A bid or proposal of a Responsive Bidder must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements by the bid documents to be submitted at the time of bid opening. 1.26 Subcontractor:A person or entity having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.27 Substantial Completion: The date certified in writing by Consultant, and as fully determined by the Contract Administrator in his/her sole discretion the work, or a portion thereof, is at a level,of completion in substantial compliance with the Contract Documents such that all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion and/or other authorization from the City acceptable to Contract Administrator must be issued for Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.28 Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.29 Work:The construction and services required by the Contract Documents,whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. Balance of Page Intentionally Left Blank BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 7 0200 INSTRUCTIONS TO BIDDERS: 1. General: The following instructions are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a box( ❑ ) which may be checked ( l ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Background and Scope of Work: Currently, individuals who wish to launch non-motorized marine vessels, including kayaks, canoes, and paddleboards are limited to launching from the boat ramp at Maurice Gibb Park and the non-motorized vessel ramp at Pine Tree Park. The City has received complaints from City residents of conflict between commercial and non-commercial operators of motorized and non-motorized vessels due to the lack of order relative to traffic in and out of the boat ramp at Maurice Gibb Park. Based on the analysis conducted by City staff and input from the Miami Beach Marine Waterfront Protection Authority, Administration recommended the building of a floating dock adjacent to Maurice Gibb Park from which these non-motorized vehicles can be launched. The scope of work for this project includes the installation of a functionally complete floating dock for non-motorized marine vessels. a. Furnish and install 1,340 square feet of concrete floating walkway, including 180 square feet (6' x 30') of aluminum ramps. b. Furnish and install five (5) 14"x14" concrete anchor piles up to 50 feet in length with strength of 5,000psi. Includes pointed PVC caps. c. Furnish and install (570) square feet of Accudock floating dock system for Non-Motorized . vessels. Furnish and install (72) square feet(6' x 12') of aluminum ramps. d. . Furnish and install (15) 12" diameter Timber guard piles up to 35 feet in length. Includes pointed PVC caps. _ e. Remove, properly dispose and replace two (2) existing wooden mooring piles. f. Construct concrete sidewalk (4") w/Stabilized Subgrade- 6"Thick g. Construct concrete Stairs w/ Railing (FDOT Index 400-021) h. Construct new Gravity Retaining Wall (FDOT Index 400-011) i. Provide aluminum Pedestrian Railing w/ Handrail (FDOT Index 515-062) j. Furnish and install one (1) "Save Sea Turtles, Sawfish, and Dolphin" educational signage. k. Furnish and install one (1) monofilament Recycling Bin 3. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 4. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 4.1 . Examine the Contract Documents thoroughly. 4.2 Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 8 4.3 Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award. 4.4 Study and carefully correlate Bidder's observations with the Contract Documents. 4.5 ' Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Location of Work:This Scope of Work shall be completed at the following location: Maurice Gibb Park: 18th Street& Purdy Avenue, Miami Beach, FL 33139. 6. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this ITB. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation.on the part of City or the City's Procurement Director to respond to questions received less than-ten (10) calendar days prior to bid opening. 7. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged-by the Bidder in accordance with the directions on the bid form. 8. Prevailing Wage Rates & Local Workforce Participation: Chapter 31, Articles II and III, of the Code of City of Miami Beach requires that the rate of wages and fringe benefits, 'or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation. Additionally, the contractor will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The contractor shall also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. Refer to Appendix C for additional information and requirements of these programs. 9. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to award. .Reasonableefforts will be made to either award the Contract or reject all bids within one- hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 91 calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Procurement Department prior to award of the Bid by the Mayor and City Commission. 10. Method of Award: The City Commission shall award the contract to the lowest and best bidder. The "lowest and best bidder" shall be defined as the lowest, responsive, and responsible bidder. In determining the lowest and best bidder, and in addition to price,Section 2-369 of the City Code provides that the City may consider the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 11. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, shoring, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 12. Postponement of Date for Presenting and Opening Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least five(5) calendar days written notice of any such postponement to all prospective Bidders. • 13. Protested Solicitation Award: Protests concerning the bid specifications, requirements, and/or terms; or protests after the bid opening date in accordance with City Code Section 2-371, which establishes procedures for protested bids and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 14.Veteran Business Enterprises: Pursuant to City of Miami Beach Ordinance No. 2011-3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 15. Equal Benefits Ordinance: Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005- 3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 10 (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. Bidders shall complete and return, with their bid, the"Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the Bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by.providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his/her designee determines that the successful Bidder/Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that,a Bidder is'considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Bidders will find Attachment A-6 in Appendix A of this Solicitation which consists of an FAQ Section and Required Forms for Bid Submittal. 16. City Manager's Review:After considering the staff recommendation for award,the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. 17. City Commission Authority: The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion as determined by the, Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (orhave) done so. Only the executed contract(s) will be binding on the contracting parties. 18. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub- contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the bid. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 11 Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the Contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption • b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID SUBMITTAL. 19: PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work. 1. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) 2. II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) 3. III. SOUTH FLORIDA WATER MANGEMENT DISTRICT (SFWMD) 4. IV. ANY OTHER PERMIT REQUIRED BY ANY AGENCY WITH JURISDICTION The successful contractor,shall be responsible for obtaining a Building Permit from the City of Miami Beach Building Department. The successful contractor shall be responsible for obtaining a dewatering permit from the appropriate agencies if necessary. Balance of Page Intentionally Left Blank BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 12 0300 MINIMUM QUALIFICATIONS AND REQUIREMENTS The Minimum Eligibility Requirements for this solicitation are listed below. Bidders that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Bid Guaranty: Bidder shall submit, WITH ITS BID, either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 0500, General Conditions, or by certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit(Form 00410),treasurer's check or bank draft of any national or state bank(United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida. FAILURE TO INCLUDE THE BID-BOND-WITH-THE BID SUBMITTAL SHALL RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND NOT BEING CONSIDERED. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. Bid.Securities of the unsuccessful Bidders will be returned after award of the Bid by the Mayor and City Commission. ANY BID THAT DOES NOT INCLUDE,WITH THE BID, A BID BOND SHALL BE DEEMED NON- RESPONSIVE AND SHALL NOT BE CONSIDERED. 2. Licensing Requirements: Bidder shall be licensed by the State of Florida or Miami Dade County, as applicable, to perform the work, to be considered for award. The qualified bidder shall hold all required licenses at the time of the bid and throughout the term of the project in order to provide the scope of work-as-set forth in the-bid documents. Submittal Requirement: Bidder shall submit the license or provide the license number with its bid or within three (3) days of request. 5 3. Previous Experience of Bidder (Firm): Bidder shall have a total of three (3) similar projects in scope within the past ten (10) years, two (2) which must be successfully completed, the third of which may be ongoing. Submittal Requirement: Bidder shall submit at least three(3) similar projects in scope within the past ten (10) years, two (2) of which must be successfully completed, the third of which may be ongoing. Similar projects shall be interpreted to mean construction of floating docks, docks and/or seawalls. For all qualifying projects submitted, Bidder shall submit at a minimum the following information: 1) Firm Name, 2) Contact Individual Name&Title, 3)Address, 4)Telephone number, 5)Contact's Email, 6) Narrative on Scope of Services Provided, 7) Contract amount and completion date. Inability to verify proiect information may result in the submittal being found non-responsive. Balance of Page Intentionally Left Blank BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 13 0400. BID SUBMITTAL REQUIREMENTS AND FORMAT One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, two (2) bound copy and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, and Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. The City reserves the right to request any documentation omitted, with exception of the Bid Price form (Al and A2)and Bid Bond (if applicable). Bid Submittals received with no Bid Price or Bid Bond (if applicable)shall be deemed non-responsive. Bidder must submit any other omitted documentation within two(2)business days upon request from the City, or the bid may be deemed non-responsive. Non-responsive bid packages will receive no further consideration. BID SUBMISSION FORMAT: Bid packages must contain the following information and documents, each fully completed, signed, and notarized (as required) in the order dictated below. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures or notarizations on each document, may be deemed non-responsive. Tab A. IDENTIFICATION PAGE AND TABLE OF CONTENTS 1. Bidder shall provide a Cover Page including the following information: • Name of Bidder. • Address of submitting Bidder. • E-mail address for the appropriate contact person at the submitting company. • Phone number and facsimile number of submitting Bidder. •. Federal Tax Identification Number for submitting Bidder. • Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) • Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. • Printed name of the authorized signing officer or other individual. • Title of the authorized signing officer. • Date of signature. 2. Table of Contents. Tab B. MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS • 1. Bidders shall provide evidence indicating compliance with the minimum requirement(s)of this ITB, as further detailed in Section 0300 Minimum Requirements. 2. Appendix C- Required Forms for Bid Submittal (as applicable). Tab C. PREVIOUS EXPERIENCE AND KEY PERSONNEL It is a requirement of the bid that the Bidder staff the project with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide Jhe following information: BID NO: 2019-128-AG CITY OF MIAMI BEACH M!AMIBEACH 14 1. Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid. 2. An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: • Construction Project Manager • Construction Superintendent • Site Foreman and/or Estimator 3. A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all sub- contractors proposed for the Project. Tab D. BID PRICE Bidders are required to submit their bid price using the Invitation to Bid Proposal Price Form found in Appendix A, Attachment A-1. Attach Appendix A Price Form, Bid Tender Form, & Supplements (A2 through A-8) fully completed and executed. FAILURE TO SUBMIT THE MOST RECENT BID PROPOSAL FORM(EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM MAY RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. FINANCIAL STATEMENTS (UPON REQUEST FROM THE CITY) 1. D&B Suppler Evaluation Report.Three(3)days upon the request of City Administration after a Bid has been submitted, the lowest and best Bidder shall pay D&B to send the Supplier Qualifier Report (SQR) to the prospective Bidder and the Department through electronic means.The cost of the preparation of the D&B report shall be the responsibility of the prospective Bidder. The prospective Bidder shall request the report from D&B at the following website: httos://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 BIDDERS SHOULD NOT INCLUDE SQR REPORTS WITH THEIR BID SUBMITTALS. Financial Capacity shall only be evaluated for the lowest and best bidder to determine the responsibility of that contractor. Bidders shall submit SQR Reports electronically directly to the Procurement Contact listed herein upon request. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 15 • 2. In addition to the D&B information, the City may require that proposers submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co-venture, each Proposers involved in the co- venture must submit financial statements as indicated above. Balance of Page Intentionally Left Blank • BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 16 0500. GENERAL TERMS AND CONDITIONS: 1. Personnel Requirements: Superintendent must have at least five (5) years of experience in projects of similar design, scope, size and complexity. The Project Manager must have at least five (5) years of experience in projects of similar design, scope, size and complexity. 2. Project Manual: 2.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 2.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when Consultant may authorize, in writing, an exception. 2.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by Consultant. Contractor shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from Consultant. 2.4. Contractor shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to Consultant and Consultant's authorized representatives. Additional copies of the Project Manual may be obtained from City at the cost of reproduction. 3. Intention of City: It is the intent of City to describe in the Contract Documents a functionally complete Project (or part thereof)to be.constructed in accordance with the Contract Documents.and in accordance with all codes-and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the'Contract Documents' as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 4. Preliminary Matters: 4.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 4.2, Contractor shall submit to Consultant for Consultant's review and acceptance: 4.1.1 A project "Base Line" schedule, one (1) copy on a CD and One (1) hard copy (activities arranged in "waterfall"), in the indicated form for Final review and approval: () Bar Chart () Modified CPM () CPM BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH (X) Computerized CPM using Primavera PG software or latest version. (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based"Base Line" Project schedule using "Early Start" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment, and Logic relationships of activities including physical and site restraints. This input shall be precedence based CPM scheduling using the most recent version of Primavera P6 software. The preliminary Base Line project schedule when submitted shall have attached a run of the programs generated error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line schedule), showing the progress for the month. CONTRACTOR SHALL SUBMIT ONE HARD COPY AND ONE ELECTRONIC COPY (including a native version and a pdf). In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR or the professional who performs scheduling have a vast knowledge in the use of Primavera P6, to develop and update the project schedule. CONTRACTOR agrees to attend weekly progress- meetings and. provide an updated (3) week look ahead schedule for review and discussion and monthly be prepared to discuss any: 1) Proposed changes to the Base Line schedule logic; 2) Explain and provide a narrative for reasons why logic changes should be made; 3) Update to individual subcontractor activities; and 4) Integration of changes into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to CONTRACT ADMINISTRATOR for review and acceptance that demonstrates "Catch Up within seven (7) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 18 4.1.2 Not Used. 4.1.3 A preliminary schedule of Shop Drawing submissions; and 4.1.4 In a lump sum contractor in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which may include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 4.1.5 After award but prior to the submission of the progress schedule, Consultant, Contract Administrator and Contractor shall meet with all utility owners and secure from them a schedule of utility relocation, provided; however, neither Consultant nor City shall be responsible for the nonperformance by the utility owners. 4.2. At a time specified by Consultant but before Contractor starts the work at the Project site, a conference attended by Contractor, Consultant and others as deemed appropriate by Contract Administrator will be held to discuss the schedules to discuss procedures for handling Shop Drawings and other submittals and for processing Applications. for Payment, and to establish a working understanding among the parties as to the Work. 4.3. . Within five (5) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by.Contractor, Consultant and others, as appropriate, will be held to finalize the schedules submitted."Within ten (10) days after the Project Initiation Date set forth in Notice to Proceed, the Contractor shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for Consultant review. The finalized progress schedule will be accepted by Consultant only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by City or Consultant of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on Consultant or City responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to Consultant as providing a workable arrangement for processing the submissions. The finalized schedule of values must be acceptable to Consultant as to form and substance. 5. Performance Bond and Payment Bond: Within ten (10) ,calendar days of being notified of the award, Contractor shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto in Appendix D. 5.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the work covered in such Contract BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 6. 5.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 5.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto in Appendix D. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 6. Qualification of Surety 6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 6.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 6.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 6.1.3. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 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 6.2. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 6.3. More stringent requirements of any grantor agency are set forth within the Supplemental _ Conditions. If there are no more stringent requirements,the provisions of this section shall apply. 7. Indemnification 7.1 Contractor shall indemnify, defend, and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require Contractor to indemnify City, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. This indemnification provision shall survive the term of this Agreement. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. 7.2 - The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by Section 7.1 above which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 21 8. Insurance Requirements: 8.1 The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue, 3rd Floor,- Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on, an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. C. Automobile Liability Insurance covering all owned,, non-owned and hired vehicles used in connection with the work, in an amount not less than $2,000,000 combined single limit per occurrence, for bodily injury and property damage. D.' Installation Floater Insurance against damage or destruction of the materials or equipment in transit to, or stored on or off the Project Site, which is to be used (installed into a building or structure) in the Project. (City of Miami Beach shall Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Umbrella Liability with limits no less than $3,000,000. The umbrella coverage must be as broad as the primary General Liability coverage. F. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 8.2 Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 8.3 Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Other Insurance Provisions 1. For any claims related to this project, the Contractor's coverage shall be primary insurance as respects the City of Miami Beach, its officials, officers, employees, BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 22 and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. 2. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. 3. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: 4. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 5. Insurance must be maintained and evidence of insurance must be provided'for at least five (5) years after completion of the contract of work. 6. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase extended period coverage for a minimum of five (5) years after completion of the contract work. 7. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee)for review. 8. If the services involved lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of"Pollution" shall include microbial matter including mold. 8.4 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating-of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. 8.5 Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them.The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8.6 Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. BID NO: 2019-128-AG CITY OF MIAMI BEACH MLA/vt(BEACH 23 Certificate Holder: CITY OF MIAMI BEACH do PROCUREMENT DEPARTMENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability 'and obligation under this section or under any other section of this agreement. 9. Labor and Materials: 9.1. Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.2. Contractor shall at all times enforce strict discipline and good order among its ' employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. 10. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 11. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) Contractor being unable to work at least fifty percent(50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) Contractor must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by Contractor, and providing that Contractor was unable to work at least fifty percent(50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 12. Permits, Licenses and Impact Fees: BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 12.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Contract shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 12.2. Impact fees levied by the City and/or. Miami-Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor in no event shall include profit or overhead of Contractor. 13. Resolution of Disputes: 13.1 To prevent all disputes and litigation, it is agreed by the parties hereto that Consultant shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and Consultant's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 13.2. Any claim, question, difficulty or dispute which cannot be resolved by-mutual agreement of City and Contractor-shall-be-submitted-to-Consultant-in-writing-within-twenty=one-(21-)- "" calendar days._Unless a different period of time is set forth herein, Consultant shall -"'notify City and Contractor in writing of Consultant's decision within twenty-one(21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless Consultant requires additional time to gather information or allow the parties to provide additional information. All non-technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, Contractor, Consultant and City shall act in good faith to mitigate any potential damages including, utilization of construction schedule changes and alternate means of construction. 13.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to )which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 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. Inspection of Work: 14.1. Consultant and City shall at all times have access to the Work, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. 14.1.1. Should the Contract Documents, Consultant's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City,timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Consultant, it must, if required by Consultant, be , uncovered,for examination and properly restored at Contractor's expense. 14.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval by the Contract Administrator, and if so ordered, the Work • must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 14.2. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of, the Contract Documents or to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of Consultant. 14.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Contract. 15. Superintendence and Supervision: 15.1. The orders of City are to be given through Consultant, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Consultant. The superintendent shall not be changed except with the written consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 26 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. Termination. 16.1. Termination for'Convenience. In addition to other rights the City may have at law and pursuant to the Contract Documents with respect to cancellation and termination of the Agreement, the City may, in its sole discretion,terminate for the City's convenience the performance of Work under this Agreement, in whole or in part, at any time upon written notice to the Contractor. The City shall effectuate such Termination for Convenience by delivering to the Contractor a Notice of Termination for Convenience, specifying the applicable scope and effective date of termination, which termination shall be deemed operative as of the effective date specified therein without any further written notices from the City required. Such Termination for Convenience shall not be deemed a breach of the Agreement, and may be issued by the City with or without cause. a. Upon receipt of such Notice of Termination for Convenience from the City, and except as otherwise directed by the City, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Section 16.1: i. Stop the Work specified as terminated in the Notice of Termination for Convenience; BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 27 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, 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 furthersubcontracts or purchase orders for materials, services, or facilities, except as necessary to complete the portion of the Work not terminated (if any) under the Notice of Termination for Convenience; vi. As directed by the City, transfer title and deliver to the City (1) the fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; vii. Settle all outstanding liabilities, and termination settlement proposals from the termination.of any subcontracts or purchase orders, with the prior approval or ratification to the extent required by the City (if any); viii. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and any property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest; and ix. Complete performance of the Work not terminated (if any). b. Upon issuance of such Notice of Termination for Convenience, the Contractor shall only be entitled to payment for the Work satisfactorily performed up until the date of its receipt of such Notice of Termination for Convenience, but no later than the effective date specified therein. Payment for the Work satisfactorily performed shall be determined by the City in good faith, in accordance with the percent completion of the Work, less all amounts previously paid to the Contractor in approved Applications for Payment, the reasonable costs of demobilization and reasonable costs, if any, for canceling contracts and purchase orders with Subcontractors to the extent such costs are not reasonably avoidable by the Contractor. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 28 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. 16.2. Event of Default. The following shall each be considered an item of Default. If, after delivery of written notice from the City to Contractor specifying such Default, the Contractor fails to promptly commence and thereafter complete the curing of such Default within a reasonable period of time, not to exceed thirty (30) days, after the delivery of such Notice of Default, it shall be deemed an Event of Default, which constitutes sufficient grounds for the City to terminate Contractor for cause: a. Failing to perform any portion of the Work in a manner consistent with the requirements of the Contract Documents or within the time required therein; or failing to use the Subcontractors, entities and personnel as identified and to the degree specified, in the Contract Documents, subject to substitutions approved by the City in accordance with this Agreement and the other Contract Documents; b. Failing, for reasons other than an Excusable Delay, to begin the Work required promptly following the issuance of a Notice to Proceed; c. Failing to perform the Work with sufficient manpower, workmen and equipment or with sufficient materials, with the effect of delaying the prosecution of the Work in accordance with the Project Schedule and/or delaying completion of any of the Project within the specified time; d. Failing, for reasons other than an Excusable Delay, to timely complete the Project within the specified time; e. Failing and/or refusing to remove, repair and/or replace any portion of the Work as may be rejected as defective or nonconforming with the terms and conditions of the Contract Documents; f. Discontinuing the prosecution of the Work, except in the event of: 1) the issuance of a stop-work order by the City; or 2) the inability of the Contractor to prosecute the Work because of an event giving rise to an Excusable Delay as set forth in this Agreement for which Contractor has provided written notice of same in accordance with the Contract Documents; g. Failing to provide sufficient evidence upon request that, in the City's sole opinion, demonstrates the Contractor's financial ability to complete the Project; • BID NO: 2019-128-AG CITY OF MIMI BEACH MIAMI BEACH h. An indictment is issued against the Contractor; i. Failing to make payments to for materials or labor in accordance with the respective agreements; j. Persistently disregarding laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; k. Fraud, misrepresentation or material misstatement by Contractor in the course of obtaining this Agreement; I. Failing to comply in any material respect with any of the terms of this Agreement or the Contract Documents. In no event shall the time period for curing a Default constitute an extension of the Substantial Completion Date or a waiver of any of the City's rights or remedies hereunder for a Default which is not cured as aforesaid. 16.3. Termination of Agreement for Cause. a. The City may terminate the Contractor for cause upon the occurrence of an Event of Default as defined in Section 16.2, or for any other breach of the Agreement or other Contract Documents by the Contractor that the City, in its sole opinion, deems substantial and material, following written notice to the Contractor and the failure to timely and properly cure to the satisfaction of the City in the time period set forth in Section 16.2, or as otherwise specified in the Notice of Default. b. Upon the occurrence of an Event of Default, and without any prejudice to any other, rights or remedies of the City, whether provided by this Agreement, the other Contract Documents or as otherwise provided at law or in equity, the City may issue a Notice of Termination for Cause to Contractor, copied to the Surety, rendering termination effective immediately, and may take any of the followiirtg actions, subject to any prior rights of the Surety: i. Take possession of the Project site and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor; ii. Accept assignments of subcontracts; iii. Direct Contractor to transfer title and deliver to the City (1) the fabricated and non-fabricated parts, Work in progress, completed Work," supplies and other material produced or required for the Work terminated; and (2) the completed or partially completed Project records that, if this Agreement had been completed, would be required to be furnished to the City; and iv. Finish the Work by whatever reasonable method the City may deem expedient. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 30 c. Upon the issuance of a Notice of Termination for Cause, the Contractor shall: i. Immediately deliver to the City all Project records, in their original/native electronic format (i.e. CAD, Word, Excel, etc.), any and all other unfinished or partially completed documents, and any and all warranties and guaranties for Work, equipment or materials already installed or purchased; ii. If specifically directed by the City in writing, assign to the City all right, title and interest of Contractor under any contract, subcontract and/or purchase order, in which case the City shall have the right and obligation to settle or to pay any outstanding claims arising from said contracts, subcontracts or purchase orders; iii. As directed by the City, transfer title and deliver to the City (1) the fabricated and non-fabricated parts, Work in progress, completed Work, supplies and other material produced or required for the Work terminated; and iv. Take any action that may be necessary, or that the City may direct, for the protection and preservation of the Project Site, including life safety and property related to this Agreement that is in the Contractor's possession and in which the City has or may acquire an interest. d. The rights and remedies of the City under Section 16 shall apply to all )-- Defaults that are non-curable in nature, or that fail to be cured within the applicable cure period or are cured but in an untimely manner, and the City shall not be obligated to accept such late cure. 16.4. Recourse to Performance and Payment Bond; Other Remedies. a. Upon the occurrence of an Event of Default, and irrespective of whether the City has terminated the Contractor,the City may(i) make demand upon the Surety to perform its obligations under the Performance Bond and Payment Bond, including completion of the Work, without requiring any further agreement (including, without limitation, not requiring any takeover agreement) or mandating termination of Contractor as a condition precedent to assuming the bond obligations; or (ii) in the alternative, the City may take over and complete the Work of the Project, or any portion thereof, by its own devices, by entering into a new contract or contracts for the completion of the Work, or using such other methods as in the City's sole opinion shall be required for the proper completion of the Work, including succeeding to the rights of the Contractor under all subcontracts as contemplated by Article 16. b. The City may also charge against the Performance and Payment Bond all fees and expenses for services incidental to ascertaining and collecting BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH losses under the Performance and Payment Bond including, without limitation, accounting, engineering, and legal fees, together with any and all costs incurred in connection with renegotiation of the Agreement. 16.5. Costs and Expenses. a. All damages, costs and expenses, including reasonable attorney's fees, incurred by the City as a result of an uncured Default or a Default cured beyond the time limits stated herein (except to the extent the City has expressly consented, in writing, to the Contractor's late cure of such Default), together with the costs of completing the Work, shall be deducted from any monies due or to become due to the Contractor under this Agreement, irrespective of whether the City ultimately terminates Contractor. b. Upon issuing a Notice of Termination for Cause, the City shall have no obligation to pay Contractor, and the Contractor shall not be entitled to receive, any money until such time as the Project has been completed and the costs to make repairs and/or complete the Project have been ascertained by the City. In case such cost and expense is greater than the sum which would have been due and payable to the Contractor under this Agreement for any portion of the Work satisfactorily performed, the Contractor and the Surety shall be jointly and severally liable and shall pay the difference to the City upon demand. 16.6. Termination If No Default or Erroneous Default. If, after a Notice of Termination for Cause is issued by the City, it is thereafter determined that the Contractor was not in default under the provisions of this Agreement, or that any delay hereunder was an Excusable Delay, the termination shall be converted to a Termination for Convenience and the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause contained in Section 16.1. The Contractor shall have no further recourse of any nature for wrongful termination. 16.7. Remedies Not Exclusive. Except as otherwise provided in the Contract Documents, no remedy under the terms of this Agreement is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies, existing now or hereafter, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such right and power may be exercised from time to time as often as may be deemed expedient. 16.8. Materiality and Non-Waiver of Breach. Each requirement, duty, and obligation in the Contract Documents is material. The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or Amendment of this Agreement. A waiver shall not be effective unless it is in writing and approved by the City. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and the failure of the City BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH to exercise its rights and remedies under this Article 16 at any time shall not constitute a waiver of such rights and remedies. 17. Contractor Right to Terminate Contract or Stop Work: If the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) days due to no act or fault of Contractor or persons or entities within its control, or if the City should fail to pay the Contractor any material amount owing pursuant to an Approved Application for Payment in accordance with the Contract Documents and after receipt of all supporting documentation required pursuant Article 8, and if the City fails to make such payment within ninety (90) days after receipt of written • notice from the Contractor identifying the Approved Application for Payment for which payment is outstanding,then, unless the City is withholding such payment pursuant to any provision of this Agreement which entitles the City to so withhold such payment, the Contractor shall have the right upon the expiration of the aforesaid ninety(90) day period to stop its performance of the Work, provided that Contractor has sent a Notice to Cure to the City via certified mail, allowing for a 7 day cure period. In such event, Contractor may terminate this Agreement and recover from City payment for all Work executed and reasonable expense sustained (but excluding compensation for any item prohibited by any provisions of the Contract Documents). In the alternative to termination, Contractor shall not be obligated to recommence the Work until such time as the City shall have made payment to the Contractor in respect of such Approved Application for Payment, plus any actual and reasonable related demobilization and start-up costs evidenced by documentation reasonably satisfactory to the City. Except as set forth in this Section 16.8, no act, event, circumstance or omission shall excuse or relieve the Contractor from the full and faithful performance of its obligations hereunder and the completion of the Work as herein provided for. - 18. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City' Commission. • 19. Rights of Various Interests: Whenever work being done by City's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 20. Differing Site Conditions: In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor , without disturbing the conditions and BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 33 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 differand 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 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: Contractorshall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Consultant, and shall notify Consultant of all errors, omissions and, discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents_ unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Consultant. 23. Contractor's Responsibility for Damages and Accidents: 23.1. Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 23.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 24. Warranty: Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 26 herein. 25. Supplementary Drawings: 25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant. 25.2. The supplementary drawings shall be binding upon Contractor with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 26. Defective Work: 26.1. Consultant shall have the authority to reject or disapprove work which Consultant finds to be defective. If required by Consultant, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non- defective work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 26.2. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Consultant, City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor , or may be charged against the Performance Bond. Infthe 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. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 35 26.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Subcontracts: 28.1. Contractor shall not employ any subcontractor against whom City or Consultant may have a reasonable objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection..... 28.2. Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and City or any obligation on the part of City to pay or to see the payment of any monies due any subcontractor. City or Consultant may furnish to any subcontractor evidence of amounts paid to Contractor on account of specific work performed. 28.3 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. 28.4. Contractor shall perform the Work with its own organization, amounting to not less than 40% percent of the Contract Price. 29. Separate Contracts: 29.1. City reserves the right to let other contracts in connection with this Project. Contractor shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 29.2. If any part of 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 BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. 29.4. To insure the proper execution of subsequent work, Contractor shall inspect the work already in place and shall at once report to Consultant any discrepancy between the executed work and the requirements of the Contract Documents. 30. Use of Completed Portions: 30.1. City shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation or reasonable extension of time or both, as recommended by Consultant and approved by City. 30.2. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty(30)calendar ' days prior to City's intended occupancy of a designated area. 30.2.2. Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a 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. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 37 31. Lands for Work: 31.1. City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed,rights-of-way and easements for access thereto and such other lands as are designated by City or the use of Contractor. 31.2. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 32. Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and Contractor's general operations. Contractor shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 33. Location and Damage to Existing Facilities, Equipment or Utilities: 33.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, City does not guarantee that all lines are shown, or that, the ones indicated are in their true location. It shall be the Contractor OS 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 BID NO:2019-128-AG CITY OF MIAMI BEACH MIMAI BEACH 38 tolerated. The City reserves the right to remedy such damage by orderingoutside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 34. Value Engineering: Contractor may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to Consultant in writing after award of contract. Consultant will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without Consultant's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by Consultant shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, Contractor agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review of the request for substitution, whether or not the request for substitution is accepted by Consultant. Any substitution submitted by Contractor must meet the form,fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including Consultant review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between Contractor and City and shall be processed as a deductive Change Order. City may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 35. Continuing the Work: Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or ContractTime. 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: BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 39 • 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 that exceed the Commission-approved contingency shall be approved in advance by the Mayor and City Commission. All Change Orders that are within the Commission-approved contingency may be approved by the City Manager or his designee. 38.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as ',it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to Consultant as set forth in Article 13 he'reof: During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Consultant and Contract Administrator in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 38.4. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 38.5. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 39. Value of Change Order Work: 39.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 40 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 workdescribed 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. 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. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 41 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 . 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: BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 42 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 38.2. 39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: 39.4.1.A mutually acceptable fixed fee or if none can be agreed upon, 39.4.2.A fee based on the following percentages of the various portions of the cost of the work: 39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, Contractor's fee shall not exceed ten percent (10%). 39.4.2.2. For costs incurred under Section 39.2.3, Contractor's fee shall not exceed seven and one half percent(7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent(10%); and BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 43 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. •-„ 39.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or"cost of the work." 40. Notification and Claim for Change of Contract Time or Contract Price: 40.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Contract Administrator and to Consultant within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by Consultant in accordance with Article 12 BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 44 hereof, if City and Contractor cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 40.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in Section 40.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 41. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery off 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. 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 active interference on the part of BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 45 City or its agents. In no event shall Cbntractor 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 39 hereof. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or(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 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 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. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 45.2. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to Consultant a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and providing materials, equipment, etc.,fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 45.3. After the approval of the list of items required in Section 45.2 above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall include all shop drawings and other submittals in its certification. 45.4. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 45.5'. If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract Documents. 45.6. Consultant shall review and approve Shop Drawings within seven (7) calendar days from the date received, unless said Drawings are rejected by Consultant for material reasons. Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. - 45.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 45.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 45.9. Contractor shall submit the number of copies required by Consultant. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 45.10. Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job site at all times. BID NO: 2019-128-AG CITY OF MIAMI BEACH M(AMS BEACH 46. Field Layout of the Work and Record Drawings: 46.1. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. Contractor shall deliver these records in good order to Consultant as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final payment. 46.2. Contractor shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to Consultant for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 46.3. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as-built drawings acceptable to Consultant. 47. Safety and Protection: 47.1. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take%all necessary precautionsfor 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 BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 48 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. El 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. Forroad construction projects the procedure for making tests required by • Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which Contractorfails shall be paid for by Contractor. 50. Proiect Skin: 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. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 49 51.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51.5. Within ten (10) calendar days after the Project Initiation Date specified in the Notice to Proceed, Contractor shall submit to the Owner or Owner Representative a Hurricane Preparedness Plan. 52. Cleaning Up; City's Right to Clean Up: Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If Contractor'fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as Consultant shall determine to be just. 53. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City shall have the right to remove such equipment and supplies at the expense of Contractor. 54. Nondiscrimination: In connection with the performance of the Services, the Contractor shall not exclude from, participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. 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. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 50 During the Project and the three (3) year period following Final Completion of the Project, Contractor shall provide City access to its books and records upon seventy-two(72) hours written notice. 56. Performance Evaluations: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation,the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Contractor. Said evaluation(s) maybe 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 asa 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: b. The chemical name and the common name of the toxic substance. c. 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. d. 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. e. The emergency procedure for spills, fire, disposal, and first aid. f. 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. g. 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 BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 51 determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The no submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 59. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers'or vendors'names,trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. - ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. Balance of Page Intentionally Left Blank • • BID NO:2019-128-AG CITY OF MIAMI BEACH PJIIAM)BEACH 52 APPENDIX A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1: ITB Price Form & Unit Price Breakdown form ATTACHMENT A-2: Bid Tender Form ATTACHMENT A-3: Supplement to Bid Tender Form: Contractor Qualification Statement ATTACHMENT A-4: Supplement to Bid Tender Form: Non-Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6: Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7: Supplement to Bid Tender Form: Trench Safety Act ATTACHMENT A-8: Supplement to Bid Tender Form: Recycled Content Information Failure to submit the attached}TB Price Form shall render proposal non-responsive, and said non-responsive proposal shallnot be considered b the Ci • BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMlBEACH 53 A-1 City of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-inclusive total cost for the work specified in this bid,consisting of furnishing all materials,labor,equipment,shoring, supervision,mobilization,demobilization,overhead and profit,insurance,permits,and taxes to complete the work to the full intent as shown or indicated in the contract documents. Any or all alternates,if applicable,may be selected at the City's sole discretion and based on funding availability. BIDDER MUST SUBMIT THIS ITB PRICE FORM FULLY COMPLETED,INCLUDING SECTIONS 1 AND 2,AS PART OF THE BID RESPONSE. FAILURE TO DO SO SHALL DEEM THE BIDDER NONRESPONSIVE. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern.In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern.In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. PROJECT:TITLE• IT8:N0,,2019 128 AG MAURICE:GIBB,FLOAT,ING`.DOCK- Item Description Estimated VIM Unit , Total • '- , , Quantity . Cost (Quantity Unit Cost), 1 Mobilization 1 LS $ - $ - 2 Temporary Erosion,Sedimentation and 1 LS $ - $ - Water Pollution Control 4 Demolition and Disposal 1 LS $ - $ - 5 Grading/Earthwork 20 CY $ - $ - 6 Furnish and install(1,340)square feet of 1 LS $ - $ - floating concrete walkway 7 Furnish and install (180)square feet of 1 LS $ - $ - aluminum ramps with transition plate(6'x 30') 8 Furnish and install(5)14"x14"concrete 5 EA $ - $ anchor piles up to 50 feet in length with 5,000 psi concrete.Includes pointed pvc caps. 9 Furnish and install(570)square feet of Non 1 LS $ - $ - Motorized Dock Launch(Accudock Floating Dock system) 1-ADA slip w/Transfer Package and 3 standard slips 10 Furnish and install (72)square feet of 1 LS $ - $ - aluminum ramps(6'x 12') 11 Furnish and install 12"diameter Timberguard 15 EA $ - $ - piles upto 35ft in length,includes pointed pvc caps 12 Mooring Pile Removal/replacement 2 EA $ - $ - 13 Performance Turf/Sodding/Watering 100 SY $ - $ - 14 Concrete Sidewalk(4")w/Stabilized 85 SY $ - $ - Subgrade-6"Thick,3,000 PSI 15 Concrete Stairs w/Railing(FDOT Index 1 LS $ - $ - 400-021) 16 New Gravity Retaining Wall(FDOT Index 45 LF $ - $ - 400-011) 17 Aluminum Pedestrian Railing w/Handrail 83 LF $ - $ - (FDOT Index 515-062) BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 18 Post "Save Sea Turtles,Sawfish,and 1 LS $ - $ Dolphin"educational signage 19 Install Monofilament Recycling Bin 1 EA $ - $ 20 Record Plans as specified in PWD Manual 1 LS $ - $ Part 1 -Section 1-Subsection A.1 (a) 1)2)3) 4) 21 ALLOWANCE FOR COMPLIANCE WITH 1 EA $ 25.00 $ 25.00 TRENCH SAFETY ACT*(PER PROJECT • AS APPLICABLE TOTAL BID $' *Any cost in excess of the stated allowance shall be borne by the contractor as part of its bid unit process. **PROJECT SHALL BE AWARDED TO THE LOWEST, RESPONSIVE, RESPONSIBLE BIDDER OFFERING THE LOWEST LUMP SUM GRAND TOTAL(TOTAL BASE BID) Section 2- Bidder's Affirmation: Company: Address Line 1: . Address Line 2: Telephone: Email: Signature: Title/Printed Name: FAILURE TO SUBMIT THIS FORM FULLY EXECUTED AND BID BOND(IF APPLICABLE)WITH BID SUBMITTAL SHALL RESULT IN BEING DEEMED NONRESPONSIVE. Balance of Pape Intentionally Left Blank BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 55 A-2 . City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. • The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) No. 2019-128-AG Maurice Gibb Floating Docks The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base bid in the ITB Price Form, the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,,the written total base bid shall govern. In absence of totals submitted for any division cost, the City shall interpret as no bid for the division, which may disqualify bidder. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 56 A-2 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of this Solicitation: •G\I LIC Lt'dLI C ILII t r)' iC '�'<l�li 4?} . 1J11= f3�)!!)=31Jr o ,� i I I�'t!tt_LI?x 1 I ` . - .� � ►., Amendment 1 Amendment 6 Amendment 2 Amendment 7 Amendment 3 Amendment 8 - Amendment 4 Amendment 9 Amendment 5 Amendment 10 Attached is a Bid Bond ❑, Cash ❑, Money Order ❑, Unconditional Letter of Credit ❑, Treasurer's Check ❑, Bank Draft ❑, Cashier's Check ❑, or:. Certified Check ❑ No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Address Line 1: Address Line 2: Telephone Number:. . E-mail Address: Social Security Number: OR Federal I.D. Number: Dun & Bradstreet No.: If a partnership, names and addresses of partners: (Sian below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 57 -2 (Type or Print Name Signed Above) ~ (Sign below if incorporated) ATTEST: (Type or Print Name of Corporation) Secretary (Signature and Title) (CORPORATE SEAL) (Type or Print Name Signed Above) Incorporated under the laws of the State of: BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 58 A-3 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN TWO (2) BUSINESS DAYS OF THE CITYS REQUEST. , The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. Please list all Licenses, Certifications, and/or Registrations your organization may possess. Please also indicate the number of years your organization has been in possession of these licenses, certifications, and/or registrations. License/Certification#/Registration# #Years 2. Attach a list of the Key Personnel, the intended role for this Project, and resumes for each individual. 3. What business are you in? 4. Please indicate the last project of similar scope and volume that your organization has completed and its completion date. 5. Have you ever failed to complete any work awarded to you? If so, where and why? • 6. List owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. 7. References & Past Performance. Bidder shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4)Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 59 A-3 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers): a. Name of Project b. Owner and Point of Contact (Minimum of Phone Number& E-mail Address) c. Original Contract Value d. Current Contract Value e. Projected Date of Completion per Contract f. Percent(%) Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ❑ Yes ❑No 10. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the,Bidder is: B. The business is a: ❑ Sole Proprietorship ❑ Partnership ❑ Corporation C. The address of principal place of business is: • D. The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: • BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 60 A-3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or,officers. F. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. G. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5)years. The list and descriptions should include claims against the bond of the Bidder andits predecessor organization(s). • H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. I. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s)were defendants. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 61 A-3 J. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5)years? If yes, please provide details. K. Under what conditions does the Bidder request Change Orders? L. Provide the names of all individuals or entities (including your sub-consultants) with a Controlling financial interest and the percentage of ownership. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation,or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. M. Individuals or entities (including our sub-consultants)with a controlling financial interest: have have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. N. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? ❑Yes CI No O. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 62 ❑Yes ❑No A-3 If the answer to either number N or 0 is yes, attach a written detailed explanarion. P. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? ❑Yes No Q. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is andshall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. R. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of _executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. S. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 63 A-3 CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Title: CONTINUED ON FOLLOWING PAGE IF CORPORATION: Signature Print Name of Corporation Print Name Address Title: WITNESS: Signature Print Name Title: (CORPORATE SEAL) Attest: Secretary BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 64 A-4 SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this day of , 20_. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein;that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2019-128-AG. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) BID NO:2019-128-AG CITY OF MIAMI BEACH MIA MIBEACH 65 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty(30)calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 66 A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION (Bidder Signature) (Print Vendor Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as (name of personwhose signature is being notarized) (title) of (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) _. My commission expires: • BID NO:2019-128-AG CITY OF MIAMI BEACH AAAI BEACH 67 A-6 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide"Equal • Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of"Benefits"defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The"Benefits"defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-XXX of the City Code]. Notwithstanding the definition of"Benefits" in the Ordinance,to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) • Who is considered a "Domestic Partner" under the Ordinance?• A"Domestic Partner" shall mean any two (2) adults of the same or different sex who'have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contracto`rs are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.), • Contracts valued at over$100,000, • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year, - • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract(covered by the Ordinance). BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 68 A-6 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered intoprior to the effective date of the Ordinance (including renewal terms contained in such contracts); • The City contract is not competitively bid; • The City contract is valued at less than $100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners; • The contractor is a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property; • Development Agreements; • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development; • Cultural Arts Council grants; • Contracts for professional NE, landscape NE, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act"; • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees.of the City and their dependents,from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received; • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act-(ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City, the proposed City contractor shall certify to .the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the provisions,of the Ordinance; BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 69 A-6 ■ The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non-compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: ■ Breach/default under the contract; ■ Termination of the contract; ■ Monies due under the contract may be retained by the City until compliance is achieved; ■ Debarment of contractors from City work, as prescribed by the.City Code. • Balance of Pape Intentionally Left Blank BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 70 A-6 MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Contact Person: Phone Number. Fax Number: E-mail: Vendor Number(if known): Federal ID or Social Security Number. Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes_No Union name(s): Section 2.Compliance Questions Question 1.Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public onthe basis of the fact or perception of a person's membership in the categories listed below? Please note:a"YES"answer means your company agrees it will not discriminate;a"NO"answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each • category. ❑ Race Yes No 0 Sex Yes No ❑ Color Yes No 0 Sexual Orientation Yes No ❑ Creed _Yes_No 0 Gender Identity(transgender status) _Yes_No ❑ Religion _Yes_No 0 Domestic partner status _Yes. No ❑ National origin _Yes_No 0 Marital status _Yes_No ❑Ancestry _Yes_No 0 Disability _Yes_No 0 Age _Yes_No ❑AIDS/HIV status _Yes_No ❑ Height _Yes_No 0 Weight _Yes_No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note:you must answer this question,even if you do not intend to enter into any subcontracts. _Yes_No BID NO:2019-128-AG CITY OF MIAMI BEACH AAI AMI BEACH 71 A-6 Question 2. Nondiscrimination-Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses.The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the `other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides Firm Provides Firm does not for Employees for Employees Provide Benefit with Spouses with Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at: www.miamibeachfl.aov/procurement/ BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 72 A-6 Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C.Without proper documentation,your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document;to document leave programs,submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year ,at Signature Mailing Address • Name of Signatory City,State,Zip Code • Title BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 73 A-6 MIAMIBEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Department ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 9 The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 10 The dates on which such benefits providers were contacted; 11 Copies of any written response(s)you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 12 Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including,but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare(or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct,and that I am authorized to bind this entity contractually. Name of,Company (please print) Mailing Address of Company Signature City,State,Zip Name of Signatory(please print) Telephone Number • Title Date BID NO: 2019-128-AG CITY OF MIAMI BEACH MtAMi BEACH 74 A-6 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits.A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; 2. The existence of benefits providers willing to offer equal benefits to the City Contractor; and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. • B. Cash Equivalent "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse, if applicable)in lieu of providing Benefits to the employees' Domestic partner(or spouse, if'applicable).The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days,allov'ved. . B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. • • • BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH A-6 IAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION.FORM Declaration: Nondiscrimination in.Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Department by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Department evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: • Description of efforts being undertaken to end discrimination in benefits: BID NO: 2019-128-AG CITY OF MIAMI BEACH N I BEACH 76 A-6 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure.The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months.An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements(CBA) • Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so,the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise,authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 77 A-6 I declare(or certify)under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City,State,Zip. Name of Signatory(please print) Telephone Number Title Date BID NO:2019-128-AG CITY OF MIAMI BEACH MlAMIBEACH 78 A-7 SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVEITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method • Total $ Name of-Bidder Authorized Signature of Bidder BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 79 A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 E Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form (Attachment A-7) in order to be considered responsive.] BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 80 A-8 RECYCLED CONTENT INFORMATION In support of the.Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. • �.d..c'L_ I' BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH APPENDIX B List of Plans and Specifications • BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 82 MIAMIBEACH B LIST OF PLANS & SPECIFICATIONS CONTRACT DOCUMENTS AS DEVELOPED BY STANTEC; DATED May2018 Page Sheet Noo/Spec Title/Description M1 ITB 2019.128;AG.Maurice Gibb•Floating Dock.:Pons, 1 1 Cover Sheet and Index of Drawings 2 2 Aerial Map 3 3 Property Limits , 4 4 Existing Conditions 5 5 Proposed Dock Layout 6, 6 Section A 7 7 Section B BID NO: 2019-128-AG CITY OF MIAMI BEACH MJA. ;BEACH 83 APPENDIX C Required Forms \for Bid Submittal (Note: Attachments below only apply if the adjacent box is checked) ❑ ATTACHMENT C-1: Prevailing Wage and Local Workforce Participation Program Requirements ❑ ATTACHMENT C-1 A: Responsible Contractor Affidavit Form (PART A) ❑ ATTACHMENT C-1 B: Responsible Contractor Affidavit Form (PART B) ❑ ATTACHMENT C-2: Bid Guaranty Form; Unconditional Letter Of Credit ❑ ATTACHMENT C-3: Statement Of Compliance: Prevailing Wage Rate Ordinance ❑ ATTACHMENT C-4: Statement Of Compliance: Davis Bacon Wages BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 84 C-1 The Requirements of the Prevailing Wage and Local Workforce Participation Programs shall apply to the award of this project. The purpose of this appendix is to summarize,for clarity,the requirements of the City's Prevailing Wage and Local Workforce Program Requirements. In the event of any omissions or conflicts,the requirements of the City Code, with respect to these programs, shall prevail. [. MINIMUIVI WAGES AND BENEFITS 1. Employee Compensation. The rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employedby the contractor or subcontractor on the work covered by the contract, shall be not less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work as established by the Federal`Register last published by the United States DeOartment of Labor prior to the date of issuance of this solicitation. (reference: Sec 31-27). 2. Notice Requirement. On the date on which any laborer or mechanic commences work on a construction contract to which this article applies, the contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this article. (reference: Sec 31-29). - 3. Certified Payrolls. With each payment application, Contractor shall submit a copy of all payroll , including(at a minimum) the name and'zip code for the covered employee, to the City accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper prevailing wage rate for the work performed. Beginning, January 30, 2018, all payrollsubmittals shall be completed electronically via the City's electronic compliance portal, LCP Tracker. No payment application shall be deemed accepted until such time as the Procurement Department has confirmed that a certified payroll for the applicable payment application has been accurately submitted in LCP Tracker. a. LCP Tracker Training.The Procurement Department offers ongoing training in LCP Tracker to all contractors.To schedule a training session, contact Alian Gonzalez at AlianGonzalez@MiamiBeachFL.gov or at 305-673-7490. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 85 C-1 R. LOCAL WORKFORCE PARTICIPATION GOALS 1. Responsible Contractor Affidavit.As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award, the bidder shall submit a Responsible Contractor Affidavit.The Responsible Contractor Affidavit(RCA)is comprised of two (2) forms— RCA-Part A and RCA-Part B. Both forms are required to be submitted with the bid or within 48 business hours of being notified by the Procurement Contracting Officer for the solicitation. Failure to submit the RCA shall result in the bid being disqualified and deemed non-responsive. a. Part A—Commitment to Promote Local Workforce Participation. The contractor, and each subcontractor,shall submit RCA-Part A affirming that it will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents.The contractor shall also affirm that it will make its best reasonable efforts to promote employment opportunities for Miami Beach residents. To download RCA-Part A affidavit, visit miamibeachfl.gov/procurement/local workforce. b. Part B — Position / Employee Data. The contractor, and each sub-contractor shall submit RCA-Part B with the following sections completed: • Section 1 — Indicate the number of positions required to complete the contract work, and the minimum qualification(s) for each position. • Section 2— For the positions indicated in Section 1, specify the name, address, and position of each current employee of the contractor or subcontractor. • Section 3 - For the positionsindicated in Section 1, not indicated in Section 2, each contractor or subcontractor shall specify the number of positions, and the • minimum qualification(s)for each position, that the contractor or subcontractor shall seek to hire to supplement the current employees listed in Section 2. To download RCA-Part B form, visit miamibeachfl.gov/procurement/local workforce. 3. Workforce Performance Report. Before its final application for payment, the contractor shall submit, its final Certified Payroll in LCP Tracker, which shall be deemed its final Workforce Performance Report. If the project goal of thirty percent (30%) of all construction labor hours to be performed by Miami-Dade County residents is not met,the Contractor shall submit supporting documentation verifying reasonable efforts to promote employment opportunities for Miami Beach and Miami-Dade County residents.No final payment application may be approved without this information. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH c-1 . Ill. PROCESS FLOW The following graphic outlining the major steps of the Prevailing Wage and Local Workforce Participation programs is provided illustrative purposes only. 6.Contractor submits ___----_;\ Workforce Performance .'---------7,,2 i.Bidder submits • Report prior to bid or proposal. submittal of --- final payment application. " '` •fde • ..^ 2.With is bid or proposal, 5.Projecct bidder submits Responsible Completed. Contractor Affidavit-Parts A and B. 1 0 f \ \ / r •\ \\ 4.Prior to cs� ,/ submitting / every payment --------h ' ' application, Contractors 3.Project Awarded. submits _------------\ Certified \. ______--%'Payrolls in LCP '•� Tracker. • • Balance of Page Intentionally Left Blank • BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 87 C-1 A LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form Part A — Commitment to Promote Local Workforce Participation In accordance with Article III, Section 31-40 of the Miami Beach Code, all contractors and subcontractors of any tier performing on a city contract valued in excess of$1,000,000 for(i)the construction, demolition,alteration and/or repair of city buildings or city public works projects,or(ii)a contract valued in excess of$1,000,000 which provides for privately-funded construction,demolition,alteration and/or repair of buildings or improvements located on city-owned land,and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements of the Local Workforce Participation Program. The undersigned Contractor affirms that, should it be awarded the contract pursuant to this solicitation, it shall comply with the following: i. The contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek to achieve a project goal of having thirty percent(30%)of all construction labor hours performed by Miami-Dade County residents. ii. The contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. To verify workers' residency, contractor(s) shall provide the residence address of each worker. Print Name of Affiant Print Title of Affiant Signature of Affiant Name of Firm Date • Address of Firm State Zip Code Notary Public Information Notary Public—State of County of Subscribed and sworn to (or affirmed) before me this day of, 20 BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 88 by He or she is personally known to me 0 or has produced identification 0 Type of identification produced C-1 B Signature of Notary Public Serial Number Print or Stamp of Notary Public Expiration Date Notary Public Seal BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 89 LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form Part B — Commitment to Promote Local Workforce Participation SECTION 1—REQUIRED POSITIONS.Specify the total number of positions that will be used by the Contractor(and by all subcontractors)to perform all of the construction trades and labor work of the contract,broken down by trade and labor category,minimum qualifications for each category,and the number of persons to be utilized in each category. Name of Contractor/Subcontractor: A Trade/Category' Minimum Qualification(s) No,of Positions Required No.of Positions Currently No.of Positions to be for the Work Staffed Hired Total: SECTION 2—CURRENT EMPLOYEES. For those positions currently staffed by the contractor or subcontractor(Column D),identify each individual by name,address and trade category of all persons proposed to perform work under the contract currently on the contractor's or subcontractor's payroll who reside in Miami Beach and Miami- Dade County. Employee Name • Address Trade/Category Performing I certify that the representations contained in this Construction Workforce Plan are to the best of my knowledge true and accurate. Signature of Affiant Print Name Print Title Date BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 90 C-2 MIAMI BEACH ❑ BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: 1700 Convention Center Drive . in United States Funds Miami Beach, Florida 33139 Expiring: Date Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order of and for the account (branch address) of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: • • • A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part of agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated (Bank name) This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 91 to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. C-2 We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the shall be a release of all obligations. (contractor, applicant, customer) This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce(1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida la-+w should arise, Florida law shall prevail. Authorized Signature BID NO: 2019-128-AG CITY OF MIAMI BEACH N11A IBEACH 92 ❑ STATEMENT OF COMPLIANCE: C-3 PREVAILING WAGE RATE ORDINANCE NO. 94-2960 No. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 (Contractor) By: (Signature) By: (Print Name and Title) STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by who is personally known tome or who has produced as. identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or.rank) (Serial number, if any) My commission expires: BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 93 ❑ STATEMENT OF COMPLIANCE: C-4 DAVIS BACON ACT. No. Contract No. - Project Title The undersigned Contractor hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project,. have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 Contractor By: (Signature) By: (Print Name and Title) STATE OF ) ) SS COUNTY OF ) The. foregoing instrument was acknowledged before me this day of , 20_, by who is personally known to me or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO:2019-128-AG CITY OF MIAMIBEACH MIAMI BEACH 94 APPENDIX D Required Forms (Post-Award) ATTACHMENT 0-1: Form of Performance Bond ATTACHMENT D-2: Form of Payment Bond ATTACHMENT D-3: Certificate of Corporate Principal ATTACHMENT D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit ATTACHMENT D-5: Certificate of Substantial Completion ATTACHMENT D-6: Final Certificate of Payment ATTACHMENT D-7: Form of Final Receipt BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 95 MIAMIBEACH ®_1 FORM OF PERFORMANCE BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the--amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves,their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of 20 , with City • which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly:. 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 96 D-1 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this'paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall acdrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: .- (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: - — Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: _ BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 97 D-2 FORM OF PAYMENT BOND BY THIS BOND, We , as Principal, hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BEVOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. , A claimant,;except a laborer, who is not in privity with Contractor and who has not received payment for. its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 98 2.4. Any action under this Bond must be instituted in accordance with the Notice an D-2 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.: BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 99 D-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then _ of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s)was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor.of City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large. Bonded by BID NO: 2019-128-AG CITY OF MIAMI BEACH M(A,M{BEACH 100 D-4 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF.CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach Amount: _ 1700 Convention Center Drive - in United States Funds Miami Beach, Florida 33139 Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at -- ----- - - - -=- ----- - - by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate , ' d-States-Funds;of available-by-your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida _and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of.one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 101 This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not D-4 in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one(1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO:2019-128-AG CITY OF MIAMI BEACH rM1AMlBEACH 102 D-5 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): ' Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below., - DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirementsof permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so. the Project is available for beneficial occupancy by ;City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 103 Documents. The date of commencement of warranties for items on the attached list ill be the date of final payment unless otherwise agreed in writing. D-5 Consultant BY DATE In accordance with Section 2.2 of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated by City as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 104 D-6 FINAL CERTIFICATE OF PAYMENT: PROJECT: Consultant: (name, address) BID/CONTRACT NUMBER: TO (City): Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. Consultant BY DATE City, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (time) (date) City of Miami Beach, Florida By Contract Administrator Date • BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 105 D-7 FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of , 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra ivork and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: (Nameof Corporation) By: -(Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) I day of , 20_ BID NO:2019-128-AG CITY OF MIAMI BEACH 1v11AMIBEACH AppENDix ‘ E , Sample Contract BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 107 MIAMI BEACH SAMPLE CONTRACT NOTE: This Sample Contract is for informationalpurposes only. The contents of the contract may change based on the best interests of the City. CONTRACT THIS CONTRACT is by and between the City of Miami Beach, Florida, a municipal corporation of the State of Florida,("City"), and ("Contractor"). WITNESSETH, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT-TIME--------- ---------------------------------- 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and' a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and. Performance. Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits.by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within (i calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within (_) calendar days from the date certified by Consultant as the date of Substantial Completion. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH • 108 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of dollars ($ ) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof,for completion and readiness for final payment, Contractor shall pay to City the sum of dollars ($ ) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions,for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem,just and reasonable. 2.5 Contractor shall be'responsible for reimbursing City, in addition to liquidated damages, for allcosts incurred by Consultant in.administering the-construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of.the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 109 covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X] This is a Lump Sum Price Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 The Contract Price is $ , consisting of a base bid in the amount of$ , and a separate line item in the amount of$ for the Owner's Contingency(to be used solely by the City at its sole discretion for the purposes described in the Contract Documents). The Contract Price, exclusive of the Owner's Contingency, shall be full compensation for all labor, materials, equipment, costs, and expenses, including overhead and profit, associated with completion of all the Work accordance with the requirements of the Contract Documents, including all Work reasonably inferable therefrom,even if such item of Work is not specifically or expressly identified as part of a line item in the ITB Price Form. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 • PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant_Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Following submission of an acceptable updated progress schedule and the other documents required herein a log with the Application for Payment, City shall make payment to Contractor after approval by Consultant of an Application for Payment, less retainage as herein provided for and/or withholding of any other amounts pursuant to the Contract Documents, within twenty-five (25) days in accordance with Section 218.735 of the Florida Statutes. 4.2 The City shall withhold from each progress payment made to Contractor retainage in the amount of ten percent (10%) of each such payment until fifty percent (50%) of the Work has been completed. The Work shall be considered 50% complete at the point at which the City has expended 50% of the approved Cost of the Work together with all costs associated with existing change orders or other additions or modifications to the construction services provided for in this Agreement. Thereafter, the Contract Administrator shall reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment made to the Contractor, until Substantial Completion as provided in ITB Section 0500, Sub-Section 43. Any reduction in retainage shall be in accordance with Section 255.078 of the Florida Statutes, as may BID NO: 2019-128-AG CITY OF MIAMI BEACH MlAMIBEACH be amended, and shall otherwise be at the sole discretion of the Contract Administrator, after considering any recommendation of Consultant with respect thereto. Contractor shall have no entitlement to a release of, or reduction in, retainage, except as may be required herein or by Florida law. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a stand-alone document, separate from monthly applications for payment. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND'FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Consultant so certifies, City shall, upon BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 111 certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6—MISCELLANEOUS 6.1 The requirements of the Contract Documents, as such term is defined in the Invitation to Bid, are hereby incorporated by reference as if fully set forth herein. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent provision elsewhere in the Contract Documents or under any law, regulation, statute or code requirement which is applicable to this Project, the more stringent stateor federal provision shall prevail and govern the performance of the Work. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who..is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries BID NO:2019-128-AG CITY OF MIIA2MI BEACH MIAMI BEACH Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand- delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Attn: With copies to: CityAttorney City of Miami Beach 1700 Convention Center Drive Miami.Beach Florida 33139 For Contractor: Attn: 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned,transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties,obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 113 product(s) provided to or on behalf of City shall be-comparable to the best local and national standards. 6.8 Materiality and Waiver Of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification,amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a.written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. 6.12 Prior Aqreements 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. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMBEACH IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH, FLORIDA City Clerk Mayor ATTEST: Signature/Secretary Signature/President Print Name Print Name Date ATTACHMENTS ATTACHMENT A, Resolution, Commission Item Summary, and Commission Memorandum ATTACHMENT B- Invitation to Bid ("ITB") ATTACHMENT C- Bidder's Response to the ITB ATTACHMENT D - Insurance APPENDIX D: Required Forms APPENDIX D-1: Form of Performance Bond APPENDIX D-2: Form of Payment Bond - APPENDIX D-3: Certificate of Corporate Principal APPENDIX D-4: Performance and Payment Guaranty Form: Unconditional Letter of Credit APPENDIX D-5: Certificate of Substantial Completion APPENDIX D-6: Final Certificate of Payment APPENDIX D-7: Form of Final Receipt BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 115 APPENDIX F Plans BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 116 MIAMI BEACH PUBLIC WORKS DEPARTMENT MAURICE GIBBS PARK NON-MOTORIZED DOCK MAY 2018 PROJECT LOCATION 1 011 I.IS•,;WWI gX (011 ca.. ultlOReYWDiel 08i1 -n_..-W I 11.ee. n, ..rw , a CO CITY OF MIAMI BEACH C Q MAYOR: DAN GERBER / 18 �' Q PROJECTOCAON OF o COMMISSIONERS: MICKY STEINBERG �� m /� /� MARK SAMUELIAN [!d I MICHAEL GONGORA BIS`� 1 I j G rt IA MI BEACH KRISTEN ROSEN GONZALEZ - RICKY ARRIOLA , JOHN ELIZABETH ALEMAN w,.._ Z I „...e----10."- 0// � I _a Q CITY MANAGER: JIMMY L.MORALES �..{;,____ __ egtx a DRAWINGS 4een 1.1.10 oisa'Dww CITY ATTORNEY: RAUL J.AGUILA 4--'-- I - 5 c-• cow eerr.m seta DI Mai.= [ Q 3 wtro IGIOGG .. voin I PUBLIC WORKS DIRECTOR: ROY COLEY — 15 '...r>- 8' 17G MI a 1.4 riarilie -.0 e >- Z • o--' aciur: \\\) Sc1O t di.,_ 11111111/11 LINCOLN 'J !NCO o`'IeP°CKatF�'%,, I ..,:v... .' 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'-1M.�.-1 7C i' �2 ��i! 4{1111r,4 1._;�,:.k= ,;31. m Z ';,•- i ��`4k4 11;4 � . +ro 'e-Vf - - y ;1_ ,r6- I At v - • 3_ H H I Y 4 • __L_ _L 1 I J) ` 1 i _ L _L_ L _ L_L _ L __L_ L _ �nr�/�) ♦' \\\\\ 'O �\ lf� c .. x oats ___:....,_.:.,..7,7_______1_4..j x -�� `t N srus•u'I �[ �rri u. ,_ I� ' e; 1' r moi- J{---}— C x .., 1A21,-- r s ;`01 ':I �_PROJECT SHE g ►- . '(-ru)-.L L——_J Nmsso•q,.vc(,rsx(0:,-.-7:1:-.0c/121$..I' \ • z® 796'(WATERFRONT) - - / etscerne iiI,3 2 1§ O PROPERTY LIMITS ii "Z. N 55859♦ L 'U u ry ,'' 1 0..0 MAY 242018 a. suo.ee,sao: enn OfREcum. 10. 'rL ( -.': a \? U MAURICE GIBBS PARK Stantec anw.,..�ew.,.,+,...aw r. ! ns s..3-Psorcen u.iz MAMIBEACH ® .'t. . ON P6' '� N PY@UIC WORKS DEPARTMENT ° NON-MOTORIZED DOCK - �" '"' COWL� norcne. �.. a �,`v", � .w,u+.....=slurp.*w.wr..w.n PROPERTY LIMITS LL `ru CITY crmu,aen • ,�.o wrR ra w ute •av,aos ,'.a•M/A vm Oar ri• zo PVC s, PK&O II A�PHAL� -I wan. to IJ I.t -K&S TRAY PT I J \/' EL2397' I I I B 1 1091 ///\�� A4 CONC MLP II HOI.-. AEB f C(OA�4C P E K@, WALK GRASS -BOL BOL /I I 8' BENCH, D ..(i-MLP GRASS u 3 HEOCF r Z Y� •�I I IEXISTSUWALL v /"WMCONC (2)u° -':1' 30"" PVC ( I ✓[ EXISTING SEAWALL ¢{ yI ---I—I-�-J CONC WALKWAY yP" ai` EXISTING SEAWALL 8' BENCH ..._ ... - - - --- -e- - - - e . ,11.4, \ \... WOOD-1 • a41. i>s js D 4111,112POST i 14' , ta' we WOOD WOOD 'WOOD OUTFALL PILING '• PILING - POST WETIDE To BE ro BE FLEX REMOVED MF CATS RFyoyEp TOP..0.78 cow:. 74'x30" 3JAT RAM? OUTFALL BOX W000 GW/RATAtANATEE CULVERTOAL • Z® PO57 .., _ NV (-2.37) W/ � MANATEE .. u WOOD GRAIL WOOD POST NV (-237) WOOD 362°'' WST OODiii DECK r ,•••.4,,•• u POST .s'•..•s• WOOD [1 J� ��,To) - ,•``;,`�.� PROJECT SITE Y. POST BOAT 0 BOAT ,* ?•oo WOOD Z •:,'. /...",.....0 POST .� - -_.. - ftP ,..(-to) ^-MLP -_ - - ..- c0 WOOD f��` - WOOD BOAT ...-"..%.--- jPOSTJT LIFT(3) • MLP MLP TAMING CONCRETE L -J . JTfi;3r:Y SEAGRASS s. O EXISTING CONDITIONS r.! NOR 4fW1W 1NOMINNffIM11f NORINAIilOANylIIGLORTWOi MI tttttttttttttttt `tt t t..BROCA*�,,, 'I.A ti No 56859 .'9 I '= MAY 2!2018 MIAMIBEACH �`a -- °• ` °A"""°"° I ! MAURICE GIBBS PARK StifltYC art Nxwaex.NI.I rvw wAloN Q �Q�,• TCT--A-¢7'c rr N.�,-e�asiwN wipRUNc,ti r . rw+wr wNwL owiw re S1, i—!`7' . PU*L WORKS DE►AKTMiMT nnE: NON-MOTORIZED DOCK M a.Ir�rNw R •(O w1R.ww Ill ar cmuuxfAn'. 01K1� ► • 1 NrwwM/1— hp N/A Wm ado NA M OCOW..•o.CN.OMR 1.,Ar.W•""N EXISTING CONDITIONS AcwI .•'. Y - MI. lr i N kn.. .'ran _.....e it 4_21_11. D.A.—C-, ICES WALL -...... 1CONC ..l LU I ti 8" STORM PHR I \ WALK • •_ 6' BEN 4�\ - II ;-----24" PVC }� `MLP PK&D AIPHALTi K&S TRAY PT //(( OA " a I I ALUMINUM PIPE CB r 1 1091 ' • AS yy` EL-2.397. • I Ns EB GUIDE RAILwi FLAG POLE 'a- - 11 BOt EB HANDRAIL CONC BASE ,•u I A BOL BOL (I FDOTINDEX , �• 1� GRASS 00B70(BOTH y 3 �.a:!'1' �.� I MLP �B CW* GRASS ` MLP GRASS:ITESOP R -i a1 d' •a HEDGE�� 7! ( I I -41" STAIRS) �i� ,¢' •1 T m c) _ .I EXIST SEAWALL '• 4•.°'} [....... dF •o, qp HEDGE R� x.;i .. ' 8' 9 NONC ., tta: c� ?0 n- •• ,30"'PVC . 1 Id - I. v' " • •..,� ♦ AIWA* • 0 lOPENINO IN SEAwa.L ANo rROPBmrLwE 4I,c —t_ " '*r�i, 4. 1 •l J e o—CONTA WA' �i1� �D.?� CONDRETECAP(Ewsr} _ 8' BENCH r N @ III r!C Il��yy1��1 —t." EXISTING CONCRETE SEAWALL CAP, ' ' • - .�_ " II _ '� =, rOP OF WALL 6.70 . 20•WALL PANELS AND PILINGS BELOW GRASS IYOOD• . •v B` Y y o �4trodr LN F POST' • • •• • AURdrX1M PEDE$1RYW RALlXi� U4 / r ... 1'+( ''_ *��lI�1 rli�"b. •�/� t 18"PVC ODES OFRYW/N4p7ALBDln b Y4a' .__ _ 41) •' '�w�' �� +t . r 'W000 « OUTFALL r • a' BnEsoFRA1P 4 wpm__ )�( POSTNI W/TIDE .-- - 4'• -(,8 \ �. FLEX V • B / PROPOSED rx30'ADA TOP=O.7B • 71 ( < ALUMINUM GANGWAY CONC. 74"x30" /L I ./ •4• W/TRANSITION PLATE RIP 13QAT RAMP •• v OUTFALL BOX - ,,,..- WOOD Fa RAP ' WOOD W/ MANATEE CULVERT ,. v' f�yL< ' v POST GRATE OUTFALL ' `/` 4 7 ` PROPOSED 94•414• INV=(-2.37) W/ 60' / - \ CONCRETE PILE(TYP) • MANATEE •r i .' -1 :_ 12.0 PILE w/ Z CONCRETE FLOATING WALKWAY W/ Y` WOOD ` WOOD CRATE - / �Y. ADA COMPLIANT EDGE PROTECTION TIMBERGUARD(TYP) .(z) POST 4 POST Ia(�( 2.37) al \ �� ' r WOOD (5 SEAGRAss —• ti Z DECK 2 oo WOST O 1 141. POST .'o U• WOOD 0 (5-10) _ L,,,,, 4..L,„ S NON-MOTORIZED o • Y. POST U NON-MOTORIZED `(`9 / VESSEL LAUNCH(TYP) If), OU BOAT �' BOAT \VESSEL LAUNCH ) 11111111 LLIFT(.,) '.. 'LIFT(2) AREAwiAw - ' COMPLIANT EDGE U< PROTECTION 11111111 . WOOD411 p o POST U a' (-10) IIS \ MLP _(_11) -\ ``` 11111.1 irlIIlI. L1 � 6/ 1111111\'' WOOD WOOD BOATII i POST POST LIFT(3) 1 b b ,V;I ig MLP MLP O MI' d o ®®F. L Ir 7r I , �1 u SED Li'x17 D ``,1 1###########4,' Q ALUMIPROPNUM GANGWAY P,nBAoI P �,, , ,� 1 1 ADA NON-MOTORIZED VESSEL 9 \ ��P�� ENS FLOATING AREAS `4•t" I 4......(-.1•,--1, FLOATING LAUNCH W/ADA TRANSFER FLOATING CONCRETE 1,340 SF I� 859 •''9 S CONCRETE PACKAGE AND ADA COMPLIANT . WALKWAY t� • / WALKWAY EDGE PROTECTION(PVC DECK -13- < NON-MOTORIZED 670 SF • • VW BOARDS ) F_ \ VESSEL LAUNCH(PVC _ 1 ;X -6 DECK BOARDS) •(y o GANGWAYS 174 SF �G'.• STATE OF • (ALUMINUM) 2,084 SF '•,..AN A49•o R o` L, O PROPOSED LAYOUT m r,16.UN Al �� aEv:nON9..nREFTTTO14ENORTHHM�EHLCANVET.xw.uMOFWY h DB.....1.101.01.00B. /� MIAMIBEACH MAURICE GIBBS PARK L)rStantec ,��,wwNmx uwrL MORALES ucvc�N.cmae eNw eEflo NEcoNo 21104.s-OOCI u7ar.4.a y� °�'YY iy iMHECiOfl itOVCp Ev WNWNBY 2 B,, TI.M.na. PUBLIC WORKS DEPARTMENT °"' NON-MOTORIZED DOCKCEIECKta """""'"`"""""""""'""•"•"•"".,"�",• PROPOSED DOCK LAYOUT W..�wvo S Cm ENGL... c,..„'5° F 1 2 Na B...K/A F•B•...111.A waEaw ■A S R No are WENS. N.C.BY u.W aiw s .r I w.••r C-a PROPOSED ALUMINUM PROPOSED E X TO PROPOSED 14'x 14' PROPOSED 12'0 PEOESIRWI A[M ALUMINUM PROPOSED WE 14' CONC.PILE(TYP.) WOOD PILE W/ �� RARING PER FDDT FOOT CONC.PILE(TYP.) GANGWAY WI TIMBERGUARD ) INDEX 852 GRAVITY (TYP.- -TRANSITKAI PLATE PROPOSED FLOATING i I W(TALL®7.70) TOP OF CONC.PILE CONCRETE WALKWAY W/ ' , 15 1 I f EXISTING ELE1l•1�.ITD ADA COMPLIANT EDGE "R PROPOSED 170 r SEAWALL • WOODPILE W/ ELEV.-71E _1 AL{OISTGIVIE. �p F. TB.IBERGUMO(TYP.)- PROPOSED B'%17 • }1(�- 10 AREAS F1— �_ -7-- r !' TOP OF WOOD PAE GANGWAYADA WIL. ETI \. 8• 1�.f �,�pV—I -,,,,—„_� , x 4ELEV•s.Ob TRANSITION PLATE _ F ��V 0. ^ MEAN HIGH WATER_.-w.111"j J- 111111 tf fit, •"4 ' \ �1 '_ «w,,,,w... 6: •J 1♦ME/W LOW WATER 119 i' J t 1 1 '1 M I t S _... __ —.. 1 _ 7___— _ { - I .. • • < .._.:._ • EXISTING �' J . o u 1-15- 4. -w DAY BOTTOM E SEE SHEET I TOR TRANSRION PLATE DETAIL O SECTION A 11 EXISTING CONTINUOUS IWOE VX RINSED uEAWYa 1 IY1"SCH.EO HINGE PIN DECKING 4 NOTE THE USE OF NON-ENCAPSULA TELL wirer! PROHIBITSXY DE COUNTYFOR FLO TA T ION IS }5 ORDINANCE ALL POLYSTYRENE b I —) CONCRETTEUSE()FOR E WALKWAY RTING rDANE WEDGE LANLE{I{TEFLI NON-MOTORIZED VEWCLE WEDGE ANCIIOA{,WEE 31.E.CHANNEL LAUNCH AREA SHALL BE FULLY PPIAIIF1 II E Fill. OM LOGE KR ENCAPSULATED. lin ON LURES / ``%%%%BROCK(r#i �l _.jALyT 7.•t-�LAa r� i1431tsv ^` 'f,L�'�$ pI 4N YOMI was Io ow NM.HMmmc1K wf N.PKILII of IS No .13 O GANGWAY ANCHOI FCJITE DETAILS9 g 0. Pt00%"•*°4. MAY 34?DM op � KEKfoMlom: ••,��S••X�L�� } I` %• •n°senora_ " ......4-fC.YNJ. �yul(g� MAURICE OIBBS PARK ®Stash!, TAN NM..,ANITL.No.. "" �I rI..N L� roP _ 73 MIAMI BEACH n — •'�•«� MK M. NOT COL. gwKN{ �� M .53 i MUAUC WORKS DIPARTMINT NON-MOTORIZED DOCK ,^� + \ T- _ _ R 1mu,w.Nh�W�MOm*....N.NN.. SECTION A .._r. .....=..tea cm FAO.. �r,rl wr°�Nn NMI .1.w(an wrw 1 M.°.SI _°LIN ` r.cl�lt...l.. °,..g—5---0--. ,, PROPOSED FLOATING CONCRETE WALKWAY W/ TOP OF _ _. ADA COMPLIANT EDGE — NON-MOTORIZED PROTECTION PROPOSED I4•x 14' SEAWALL VESSEL LAUNCH ELEV=+2.18 CONC.PILE(TN..) (BEWND)----.-'�-- PLATFORM W/ADA PROPOSED 8'x30'ADA GOMPLANT EDGE 15__. ALUMINUM GANGWAY _TOP OF CONC.PNE. .. .'PROPOSED I7O _ PROTECTION AND ADA-15, WI TRANSITION PLATE- '!wereB71;b"p WOOD PILE(TYP.) PROPOSED Wx12'ADA TRANSFER PACKAGE W/I IMBERGUARD 'k• ALUMINUM GANGWAY (PVC DECK BOARDS) 10 W!TRANSITION PLATE ELEV=+1.18 - __ _ 10 TOP OF WOOD PILE SEL EV=.800 EAN HIGH6 ----.-..--•- / j ,.,�._1 5 . f 'W.Qf k....WA 44-If...,_,, 0 R+0.1qWATEH-- - o I9. 7 _ _ I TEN-1.98 1 ) -F J -10 L -15 , - .. .15 L..: I) E CHANNEL SECTIONS SEE SHEET 6 FOR GANGWAY ANCHOR PLATE DETAILS ROBED 7, V4"TREAD PLATE RAMP DECKING t L / ..•rnv LF (1 S"STANDARD) �./ NOTE TFIE USE OF -ENCAPSULATED Li I - ! POLYSTYRENEFLOTATION IS PROHIBITED BY DARE COUNTYw - 9/4 x 9' ORDINANCE.ALL POLYSTYRENE FL, _ + FLAT BAR FLOTATION USED FOR FLOATING n --\. 1 I/f x 1 7N" 2NON-MOTORIZED.Y. 1(2"DIA x 9''UHMW CONCRETE WALKWAY DR --NY ROD NW CHANNEL ROLLER(2 LAUNCH AREA SHALL BEVEHICLFULLY v UHIWW CLIP REQUIRED) ENCAPSULATED. FL O TRANSITION PLATE DETAIL EIERC.MORN ANEW TO THE NORTH AMERICAN WNW/arvM Or Ism 0 9 C iii S. ,��Q�S;y�GEN •SF' I�'P �N�: No 56859 •,# %A SATE OF :'L�� :# . O,.,t\�...i h _ F toP�••''��•` MAY 242018 .i. MIAMI BEACH N" "MI` MAURICE GIBES PARK (�`SLa11hC WI.,.W.f.JYMY,mamma WENN III JLl_ �� H n.M.v.7-51[01011-11.441 "`�� PUBLIC wO11K>f O��ARTMINT nn�' NON-MOTORIZED DOCK Awa.44101 N"� w ' `'1°" ROY COLEY wAMR v-_„i,_,,,. � � M FL S lwLa..,ao..................4.N...14,. SECTION B cm wwira�: !getoutyLr �.-• c, nr 1L Mraa«: NA _KNE' �vw No OA xfv�oN 'F' v. ._._ u..�...v.r `�' Alvc.w uM. _ r.r 7 .I aws c-6 NOTES CONCRETE FLOATS EXPANDED POLYSTYRENE CORE(EPS) 4 GANGWAY DECKING SHALL BE SLIP AND SKID RESISTANT AND MADE FROM ALUMINUM OR OTHER 1. THE USE OF NON-ENCAPSULATED POLYSTYRENE 1. SUFFICIENT FLOATATION SHALL BE PROVIDED TO 1. CLOSED CELL EXPANDED POLYSTYRENE CORE MARINE GRADE MATERIAL APPROPRIATE TO THIS FOR FLOTATION IS PROHIBITED BY DADE COUNTY SUPPORT A LIVE LOAD OF ONE HUNDRED(1(0) USED INSIDE THE CONCRETE SHELL SHALL MEET USE SAMPLES AND/OR CATALOG CUT SHEETS ORDINANCE.ALL POLYSTYRENE FLOTATION USED POUNDS PER SQUARE FOOT OF DECK AREA,WITH FEDERAL SPECIFICATION C,578-85.THE EXPANDED SHALL BE PROVIDED FOR APPROVAL PRIOR TO FOR FLOATING CONCRETE WALKWAY OR A MINIMUM FREEBOARD OF NOT LESS THAN EIGHT POLYSTYRENE CORE MUST BE FULLY FABRICATION ME TROD OF SECURING THE NON•MO I ORIZED VEHICLE LAUNCH AREA SHALL BE (8)INCHES. ENCAPSULATED WITH CONCRETE(ALL SIX SIDES). DECKING PRODUCT TO THE RAMP FRAME SHALL BE FULLY ENCAPSULATED. 2. FLOATS SHALL BE CAST IN FORMS WITH A OR ENCAPSULATED WITH CONCRETE TOP AND DESCRIBED AND APPROVED PRIOR TO 2 ELEVATIONS SHOWN REFER TO THE NORTH SMOOTH,TRUE SURFACE.FLOATS CAST FROM SIDES WITH POLYUREA(RHINO-LINER OR EQUAL) FABRICATION. AMERICAN VERTICAL DATUM OF 1988 FORMS MORE THAN 1/2"OUT OF SQUARE AT THE BOTTOM. 5. FULL WIDTH,HINGED TRANSITION PLATES SHALL 3 THE CONTRACTOR SHALL FURNISH ALL TOOLS, (MEASURED DIAGONALLY)SHALL 8E REJECTED. 2. THE FOAM SHALL WEIGHT BETWEEN 0 95 AND 1.10 BE PROVIDED AT BOTH ENDS OF THE RAMP.THE EQUIPMENT,MATERIALS AND SUPPLIES AND SHALL FLOATS SHALL BE MONOLITHIC CASTINGS WITH NO POUNDS PER CUBIC FOOT.EPS TO HAVE A LENGTH OF 801 H SHALL BE LONG ENOUGH TO PERFORM ALL LABOR,SUPERVISION.FABRI:AI ION, COLO JOIN IS IN ANY PART OF THE FLOAT. MAXIMUM ABSORPTION OF THREE(3)PERCENT BY PROVIDE A SLOPE WHICH DOES NOT EXCEED THE ASSEMBLY,AND INSTALLATION OF A COMPLETE 3. CONCRETE SHALL HAVE A MINIMUM TENTY-EIGHT VOLUME AS TESTED BY ASTM C-272. MAXIMUM SLOPE OF THE GANGWAY.THE LEADING CONCRETE FLOAT SYSTEM AND NON-MOTORIZED (2B)DAY COMPRESSIVE STRENGTH OF 4,000 PSI 3. THE FOAM CORE SHALL BE HELD IN A TRUE EDGE OF EACH TRANSITION PLATE SHALL BE CRAFT LAUNCH DOCK WITH ADA ACCESSIBLE PER ASTM C094.CONCRETE FOR THE TOP POSITION DURING CASTING WITH AN ALLOWABLE UHMW THAT HAS BEEN PROFILED TO CREATE NO GANGWAYS.THE CONTRACTOR SHALL FURNISH SURFACE OF THE FLOTATION UNITS SHALL VARIATION OF 1/8"FROM THE DIMENSIONS SHOWN MORE THAN A QUARTER INCH RISE.TRANSITION COMPLETE PRODUCT SHOP DRAWINGS AND CONTAIN POLYPROPYLENE FIBROUS ON THE SHOP DRAWINGS. PLATES SHALL HAVE ARC-SPRAYED'THERMION' CALCULATIONS FOR APPROVAL TO THE OWNER REINFORCEMENT AT A RATE RECOMMENDED BY 4. FOAM CORE MAY NOT HAVE MORE THAN TEN(10) CERAMIC CORE TH604 ANTI-SKID ALUMINUM DRAWINGS AND CALCULATIONS SHALL BE SIGNED ITS SUPPLIER. PERCENT REGROUND EPS FOAM MATERIAL. GARNET TRACTION COATING. AND SEALED BY A FLORIDA REGISTERED 4 ALL CONCRETE TESTING SHALL BE DONE UNDER REGROUND FOAM PIECES SHALL NOT EXCEED 3/8 6 THE GANGWAY SHALL BE SUPPLIED WITH TWO PROFESSIONAL ENGINEER. THE GUIDANCE OF PERSONNEL CERTIFIED IN INCH IN DIAMETER SOLID UHMW ROLLERS OR UHMW SKID SHOES. 4. THE FOLLOWING NOTES ARE FOR USE AS A GUIDE ACCORDANCE WITH NATIONAL READY MIX 5 FOAM BILLETS WILL HAVE A DIMENSIONAL ROLLERS SHALL HAVE A SOLID STAINLESS AXLE STANDARD.A STRUCTURAL ENGINEER OR CONCRETE ASSOCIATION GUIDELINES,ALL TOLERANCE OF PLUS OR MINUS 1/8 INCH FOAM ROLLERS.AXLES AND SKID SHOES SHALL BE LICENSED IN FLORIDA SHALL PREPARE CONCRETE TESTING METHODS SHALL BE DONE IN CORE SHALL BE MADE OF OF NIT MORE THAN DESIGNED TO ACCOMMODATE ALL LOADS TO CALCULATIONS AND STRUCTURAL DRAWINGS AS ACCORDANCE WITH THE RESPECTIVE ASTM FOUR LAMINATED SECTIONS,AND NO HORIZONTAL RAMPS AND ANY JOB SPECIFIC REQUIREMENTS. PER FLORIDA BUILDING CODE(FBC)WITH SPECIFICATIONS AND PROVIDED PRIOR TO LAMINATIONS MAY OCCUR IN THE UPPER TEN(10) 7. ROLLER/SKID SHOE TRACKS SHALL BE PROVIDED SUBMITTAL.THE DESIGN SHALL PROVIDE A SHIPMENT. INCHES OF THE FOAM CORE READY TO INSTALL TO THE FLOAT SURFACE. FLOATING CONCRETE WALKWAY AND 5. FLOAT MODULES SHALL HAVE A MINIMUM DECK THESE GUIDE TRACKS SHALL BE LONG ENOUGH TO NON-MOTORIZED VESSEL LAUNCH WITH ADA THICKNESS OF 2"AND A MINIMUM SIDEWALL AND ACCESSIBLE GANGWAYS ALLOW FOR FULL LONGI I UUINAL MOVEMENT TRANSFER PACKAGE. ENO WALL THICKNESS OF 1-1/2"AND A BOI TOM THROUGH ALL WATER ELEVATION CHANGES THE THICKNESS OF 1-14". 1. GANGWAY DECK AND STRUCTURAL COMPONENTS GUIDE TRACKS SHALL RESTRICT ANY LATERAL WOOD PILING 6. WALKING SURFACE OF CONCRETE FLOATS SHALL SHALL BE DESIGNED TO SUPPORT THE DEAD LOAD MOVEMENT OF THE GANGWAY AT THE LANDING. BE LEVEL AND FLUSH WITH RESPECT TO THE OF THE GANGWAY PLUS UTILITIES AND A UNIFORM B. ALL STRUCTURAL ALUMINUM.INCLUDING TUBES, 1 WOOD PILES SHALL BE 12"DIAMETER PILING ADJACENT FLOATS. LIVE LOAD OF ONE HUNDRED(100)PONDS PER PLATES.ANGLES,AND PIPE SHALL BE ALLOY TREATED WITH CCA TO 2.5,DRIVEN WITH 15 TONS 7. FLOATS SHALL BE DESIGNED TO FLOAT LEVEL SQUARE FOOT.DECK MATERIAL DESIGNED FOR A 6061-T6 PER ASTM 8308.ALL BOLTS SHALL BE MIN BEARING CAPACITY. UNDER DEAD LOAD ONLY.THE DECKS SHALL BE CONCENTRATED VERTICAL LOAD OF THREE STAINLESS STEEL APPROPRIATE FOR USE WITH 2. PILES SHALL BE DRIVEN TO REQUIRED CAPACITY A WITHIN THE FOLLOWING MINIMUM TOLERANCES OF HUNDRED(300)POUNDS.DISTRIBUTED OVER ONE ALUMINUM IN MARINE ENVIRONMENTS ISOLATORS MINIMUM OF 6'INTO ROCK OR A MINIMUM OF 12' BEING LEVEL SQUARE FOOT.HANDRAILS SHALL BE DESIGNED SHALL BE USED WHEN CONNECTING DISSIMILAR N INTO YIELDING MATERIAL WHERE HIGH • MAXIMUM TRANSVERSE SLOPE:ONE INCH PER. FOR A HORIZONTAL LOAD OF TWENTY(20)PONDS METALS. u RESTS IANCE SUBSTRATE IS ENCOUNTERED. TEN FEET PER LINEAL FOOT. 9. ALL STRUCTURAL STEEL SHALL BE ASTM A36.HOT 3 PILE DRIVING OPERATIONS SHALL BE OBSERVED • MAXIMUM LONGITUDINAL SLOPE:ONE INCH 2. THE GANGWAY SHALL HAVE CONTINUOUS DIPPED GALVANIZED PER ASTM A123 OR A153 u. BY A SPECIAL INSPECTOR TO DETERMINE THE PER TEN FEET HANDRAILS ALONG BOTH SIDES OF THE WALKING AFTER FABRICATION.ALL STEEL BOLTS(IF USED) 0 PROPER PILING LENGTH TO MEET DESIGN 9. GALVANIZED WELDED WIRE FABRICATION USED AS SURFACE AND SHALL EXTEND A MINIMUM OF ONE SHALL BE GRADE ASTM A-307.MINIMUM,AND ALSO -,3 CRITERIA CONCRETE REINFORCEMENT SHALL BE 2"x2"-14/14. FOOT BEYOND THE PRIMARY WALKING SURFACE HOT DIP GALVANIZED FINISH 4. PILES SHALL BE DRIVEN WITH NO MORE THAN A WELDED WIRE FABRIC IS REQUIRED IN THE DECK AT EACH END.THE TOP OF THE HANDRAILS SHALL 10. THE GANGWAY SHALL BE INSTALLED ON THE 1/4"VARWT ION PER FOOT FROM THE VERTICAL, AND BOTTOM SECTIONS WITH A MINIMUM OF 2" NOT BE LESS THAN 34 INCHES NOR MORE THAN 38 FLOATING CONCRETE WALKWAY AND THE TOE END WITH A MAXIMUM VARIATION OF THE HEAD OF THE RETURN TO THE SIDES AND ENDS,WHERE INCHES ABOVE THE WALKING SURFACE THE ENDS ADJUSTED AS TO ALLOW THE WALKWAY SYSTEM PILE FROM THE POSITION SHOWN ON THE PLANS SPLICING OCCURS,THE OVERLAP SHALL BE A • SHALL BE RETURNED INTO THE TRUSS BODY OR FREE MOVEMENT TO TRAVEL THE FULL RANGE OF v OF NOT MORE THAN 3". MINIMUM OF FOUR(4)INCHES.GALVANIZED WIRE TERMINATE WITH NO SHARP OR CATCHING EDGES WATER LEVELS WITHOUT BINDING OR STRESSING MESH SHALL MEET ASTM A-185,REINFORCING 3. THE HANDRAIL PORTION OF THE HANDRAILS SHALL THE GANGWAY OR WALKWAY SYSTEM. _ IM CONCRETE PILING STEEL BARS SHALL BE GRADE 80,CONFORM TO NOT BE LESS THAN 1 QUARTER INCHES NOR MORE 11. THE GANGWAY ROLLER GUIDE TRACKS SHALL BE n ASTM 615 AND SHALL BE EPDXY COATED IN THAN2 INCHES IN CROSS-SECTIONAL DENSION, ADJUSTED TO SUIT THE FULL RANGE OF LATERAL 1. PRECAST CONCRETE PILES SHALL BE 14"X14" ACCORDANCE WITH AS TN A775. OR THE SHAPE SHALL PROVIDE AN EQUIVALENT MOVEMENT OF THE ROLLERS ANO SHALL BE • ii PILES WITH 5000 P.S I.MIN CONCRETE AND 4-1/2" GRIPPING SURFACE.THE HANDGRIP PORTION OF ADEQUATELY SECURED TO THE WALKWAY 6 DIA.270 K.S.I.ASTM A416 LOW-LAX STRANDS W/ THE HANDRAILS SHALL HAVE A SMOOTH SURFACE SURFACE AS PER THE GANGWAY MANUFACTURER n 2-12"MINIMUM CONCRETE COVER TO TIES WITH NO SHARP CORNERS A MINIMUM OF 1-1/2 n ( RECOMMENDATIONS ou( INCHES CLEARANCE SHALL BE PROW 1oi IIILTI Lu BACKSIDE OF TEN THE HEGWAY HANDGRIP, rtL;I"6{i Ooh'�,j, $ `,4 14ENSA1.0,4` No 56659 • . y( • TAT E OF t�, VAY 2 4 2016 8 0 !\/'l A MI BEACHMAURICE GIBES PARK stRnt.c a rr wccA...wt..... 13........... V�1- AL t`; rrr.',pm... ?II PYELIOWORKS DEPARTMENT •'L NON4AOTORIZED DOCK •��•• + '�Ot40. ROY COLEY °A •r W LLLII1�t�'L `^'" ...ww•r °� r WV a'La"" , w•.mKZs_ •M BLS ra00 W SPECIFICATIONS �.Wt,u �°�� •a•• a r..i'owoMiriyiwrr WI an .arra. Arron ow. .....1.__.--i_ APPENDIX G Geotechnical Report and Permits BID NO: 2019-123-AG CITY OF MIAMI BEACH MIMA BEACH 117 SUBSURFACE EXPLORATION REPORT PROPOSED FISHING PLATFORM AND DRAINAGE IMPROVEMENT MAURICE GIBB PARK 1700 PURDY AVENUE MIAMI BEACH, FL DECEMBER 14, 2017 FILE NO.: 17-2597 MAI Ardaman & Associates, Inc. OFFICES Orlando-8008 S.Orange Avenue,Orlando Florida 32809-Phone(407)855-3860 Alexandria-3609 Mac Lee Drive,Alexandria,Louisiana 71302--Phone(318)443-2888 Bartow- 1525 Centennial Drive,Bartow,Florida 33830-Phone(863)533-0858 Baton Rouge-316 Highlandia Drive,Baton Rouge,Louisiana 70884-Phone(225)752-4790 Cocoa - 1300 N.Cocoa Blvd.,Cocoa, Florida 32922-Phone(321)632-2503 Fort Myers-9970 Bavaria Road,Fort Myers,Florida 33913 -Phone(239)768-6600 Miami-2608 W. 84'Street, Hialeah,Florida 33016-Phone(305)825-2683 Monroe 1122 Hayes Street,West Monroe,Louisiana 71292-Phone(318)387-4103 New Orleans- 1305 Distributors Row,Suite I,Jefferson,Louisiana 70123-Phone(504)835-2593 Port St.Lucie-460 Concourse Place NW,Unit I,Port St.Lucie,Florida 34986-Phone(772)878-0072 Sarasota-78 Sarasota Center Blvd.,Sarasota, Florida 34240-Phone(941)922-3526 Shreveport-7222 Greenwood Road,Shreveport,Louisiana 71119 Phone(318)636-3673 Tallahassee-3175 West Tharpe Street,Tallahassee,Florida 32303-Phone(850)576-6131 Tampa-3925 Coconut Palm Drive,Suite 115,Tampa,Florida 33619-Phone(813)620-3389 West Palm Beach-2200 North Florida Mango Road,Suite 101,West Palm Beach, Florida 33409-Phone(561)687-8200 Ardatrrt i&Associates,!tom Nor■ Ardaman & Associates, Inc. "AiGeotechnical, Environmental and Materials Consultants December 14, 2017 File No.: 17-2597 Mr. Andres Perez, P.E. Engineering Department Head Coastal Systems International, Inc. 464 South Dixie Highway Coral Gables, FL 33146 SUBSURFACE EXPLORATION REPORT PROPOSED FISHING PLATFORM AND DRAINAGE IMPROVEMENT MAURICE GIBB PARK 1700 PURDY AVENUE MIAMI BEACH, FL 1.0 Introduction Ardaman & Associates, Inc. has completed the subsurface exploration and studies of the project site described in our proposal dated May 15, 2017. The work was requested and authorized by Mr. Andres Perez, P.E. of Coastal Systems International. We explored the general subsurface conditions in the proximity of the existing seawall in order to evaluate their suitability for the proposed fishing platform addition and provide recommendations for foundation design and site preparation. Our work included Standard Penetration Test (SPT) borings and visual engineering classification of the sampled soils. In addition, we have estimated the coefficient of design permeability for the soils in order to evaluate the proposed drainage improvement. This report describes our explorations and tests, reports their findings, and summarizes our conclusions and recommendations. The following sections of this report describe our explorations and explain our recommendations in greater detail. Our report has been prepared specifically for this project. It is intended for the exclusive use of Coastal Systems International, Inc., its representatives and assigns. Our work has used methods and procedures consistent with local foundation engineering practices. No other warranty, expressed or implied, is made. We do not guarantee project performance in any respect, only that our work meets normal standards of professional care. 2.0 Site Location and Description The Maurice Gibb Public Park is overlooking the Biscayne Bay on the west direction and is located at the north shoulder of the Venetian Causeway at property address 1700 Purdy Avenue, Miami Beach, FL ( Section 33,Township 53S, Range 42E). The north section of 2508 W as Street.Hialeah.Florida 33015 Phone(305)825-2583 FAX(305)S25-2641.3 Louisiana:Alexandria.Baton Rouge.Monroe,New Orleans.Shreveport Florida:Bartow,Cocoa.Fort Myers,Meru,Orlando,Port Sr Lucie,Sarasota Tallahassee.Tampa.W Palm Beach December 14, 2017 File No.: 17-2597 -2- the park is featuring a boat ramp and three concrete docking slips supported on wooden piles. The central and south section of the park is protected by a concrete seawall, protected with a rip rap envelope; that also features a small section of wood, boardwalk and railing. There are several concrete walking trails throughout the park, a kid's playground area and a parking section for visitors. A site vicinity map provided by Google Earth Pro 2016 is presented in Figure 1. We understand that the drainage characteristics of the park are very poor due to the underlying layers of silty and silty organic soils encountered throughout the site. In addition, there are sections of the park where a possible old slab structures have been covered with fill material reducing further the drainage capacity of the upper fill soils. 3.0 Project Description We understand that new fishing platform(s) will be added to the easting seawall section of the park. In addition, drainage conditions need to be improved within the grassy areas and walking trails in order to eliminate ponding of water at the park. 4.0 Field Exploration 4.1 Soil Borings To explore subsurface conditions at the site, two (2) Standard Penetration Test (SPT) borings were performed at the locations shown on the Boring Location Plan (Figure 2) in the Appendix. The SPT borings were completed to depths of 40 feet below grade. The work was performed in accordance with the procedures recommended in ASTM D-1586, using a portable rig equipment. A description of our drilling and testing procedures are included in the Appendix. The boring locations were laid out at the approximate locations shown in our boring location plan. Our drillers examined the soil recovered from the SPT sampler and maintained a log for each boring. The soil samples were taken to our laboratory where they were visually classified by our engineer. The soil classifications and other pertinent data obtained from our explorations are reported on the boring logs in the Appendix. The soil samples recovered from our explorations will be kept in our laboratory for 30 days, then discarded unless you request otherwise. uis Ardaman&Associates,inc. December 14,2017 Fite No.: 17-2597 -3- 5.0 Subsurface Conditions The boring logs in the Appendix present a detailed description of the soils encountered at the locations at the depths explored. The soil stratification shown on the boring logs is based on examination of recovered soil samples and interpretation of the driller's field logs. It indicates only the approximate boundaries between soil types. The actual transitions between adjacent soil strata may be more gradual and indistinct. The results of our test borings indicate the following general soil profile Depth Below Ground Surface Description (feet) 0 — 1 Topsoil, sand with some silty organics 1 — 3 Varies from an 8" concrete slab to asphalt with limerock base 3 —5 Fill, sand silty with rock fragments 5 — 10 Varies from silt soft to sand silty with some rock fragments 10— 15 Muck, silty organics soft 15 — 17 Sand, medium dense slightly silty with some shell fragments 17 —27 Limestone 27 —32 Limestone, poorly cemented Varies from limestone very poorly cemented 32 —40 with pockets of sand to sand loose fine grained with limestone fragments The above soil profile is outlined in general terms only. Please refer to the boring logs for soil profile details. 6.0 Groundwater Conditions Our drillers observed groundwater in the boreholes at depths between 3.58 and 3.92 feet below the ground surface, as noted on the boring logs. Fluctuations in the groundwater level on this site should be anticipated throughout the year due to tidal fluctuations. Ardarran&Associates, Inc. December 14,2017 File No.: 17-2597 -4- 7.0 Field Permeability Test In order to estimate the hydraulic conductivity of the upper soils, three (3) constant head exfiltration test were performed at the location shown in our Boring Location Plan Figure 2. The tests were performed at three (3) different levels below existing ground level at 5, 10 and 15 feet of depth, in accordance with methods described in the South Florida Water Management District (SFWMD) Permit Information Manual, Volume IV. Descriptions of the soils observed in the exfiltration test borehole and the test result is presented in the Appendix. 8.0 Discussions and Recommendations During the fishing platform installation activities, care should be exercised to avoid damaging any neighboring structures while the compaction, vibration or pile driving operations are underway. Prior to commencing installation activities, a preconstruction survey of the adjacent structures should be performed. The existing conditions (i.e. cracks) of the structures should be documented with photographs and a video survey (if deemed necessary). Construction activities should cease if deemed detrimental to adjacent structures 8.1 Fishing Platform Foundation Recommendations We understand that the proposed fishing platform will be either a wood boardwalk or a concrete platform supported by driven piles. No information regarding the bay depth in the vicinity of the existing seawall is available to us. We assume that rip-rap seawall protection was placed with a gradual slope and the depth at the seawall should varies from 5 to 10 feet of depth. Based on the information provided in our soil borings, the transition between the very soft silty and silty organics soils to a limestone formation is to some extent abrupt. The pile contractors should be ready to perform pre-drilling at the upper limestone formation in order to achieve the design target depth. Pre-drilling may be also needed for pile foundations installed on the land side of the seawall. Our experience with the park and the information provided on the soil borings indicate the presence of random slab structures throughout the site. Arciarran&Associates, I rc. December 14,2017 File No.: 17-2597 -5- 8.2 Backfill material and Compaction Criteria 8.2.1 Suitable Fill Material and the Compaction of Fill Soils All fill materials should be free of organic materials, such as roots and vegetation. We recommend using fill with less than 12 percent by dry weight of material passing the U.S. Standard No. 200 sieve size. All structural fill should be placed in level lifts not to exceed 12 inches in uncompacted thickness. Each lift should be compacted to at least 95 percent of the modified Proctor (ASTM D-1557) maximum dry density value. The filling and compaction operations should continue in lifts until the desired elevation(s) is achieved. If hand-held compaction equipment is used, the lift thickness should be reduced to no more than 6 inches. 8.3 Driven Piles Driven Precast Concrete Piles may be used to support the lateral and compression load for the proposed fishing platform. Driven piles may encounter fairly hard driving for depths below 20 feet to the existing grade. Driven piles installed to support the proposed fishing platform should be installed using a barge to provide access to the pile locations. Driven piles should be installed on the outside face of the existing wall or bayside. In order to install the driven piles, pre-drilling of the upper medium-cemented limestone may be needed. We estimate that the depth of the pre-drilling excavation on the passive zone of the retaining wall should be about 25 feet. 8.3.1 Precast Concrete Piles Estimated precast concrete pile allowable capacities are presented below. Egria Ardarrai&Associates, Inc. December 14, 2017 File No.: 17-2597 -g- TABLE 1 DRIVEN PRECAST CONCRETE PILES Capacity in tons: Tension (T), Compression (C), Lateral (L) DEPTH PILE DIMENSION (inch) (feet) 12x12 14x14 20 9 (T) 18 (C) 2 (L) ; 12 (T) 24 (C) 2.5 (L) 25 15 (T) 30 (C) 2 (L) 18 (T) 36 (C) 2.5 (L) 30 10 (T) 20 (C) 2 (L) 13 (T) 27 (C) 2.5 (L) Please note that the compression capacity of the piles takes into account the surface frictional resistance and tip bearing. On the other hand, the tension capacity of the piles is based solely upon the surface frictional resistance. Pile length longer than our recommended length may be necessary to achieve our estimated capacity. This is due to the fact that soils encountered at boring locations may differ from the soils at pile locations. We recommend that several test piles be driven before establishing the pile length. Lateral load analysis for the driven piles was completed considering two different soil conditions. Please notice that the analyses were performed for single piles. Results are included in the Appendix. 8.3.2 Driven Wood Piles Estimated wood piles allowable capacities are presented below for the 12 inch diameter (38 inches circumference) 3 feet from Butts (in accordance with ASTM D-25). TABLE 2 DRIVEN WOOD PILES Capacity in tons: Tension (T), Compression (C), Lateral (L) DEPTH PILE DIMENSION (inch) (feet) 12 inch Diameter 21 7 (T) 15 (C) 1(L) 23 9 (T) 21 (C) 1 (L) 25 11 (T) 24 (C) 1 (L) Ardarrai&Associates, Inc. December 14, 2017 File No.: 17-2597 -7- Please note that the compression capacity of the piles takes into account the surface frictional resistance and tip bearing. On the other hand, the tension capacity of the piles is based solely upon the surface frictional resistance. Pile length longer than our recommended length may be necessary to achieve our estimated capacity. This is due to the fact that soils encountered at boring locations may differ from the soils at pile locations. We recommend that several test piles be driven before establishing the pile length. Lateral load analysis for the driven piles was completed considering two different soil conditions. Please notice that the analyses were performed for single piles. Results are included in the Appendix. 8.4 Soil Engineering Properties for Bulkhead Design Table 3 presents our recommended engineering properties for the soils found in our field exploration. Note that a cohesion value has been assigned to the limestone layers; these values are considered conservative based on numerous testing and physical evidence for this type of soil. Table 3 Engineering Soil Properties Soil Type Unit Weight (lbs/ft3) Friction Cohesion Ka Kp Angle C (0) (Psf) moist submerged Sandy limerock fill 115 62 35 0 0.27 ' 3.69 Sand (loose) I 105 48 30 0 ! 0.33 3.00 Silty Sands 99 43 27 0 0.49 2.04 Sand medium dense 110 52 ( 33 0 0.30 3.3 Limestone 4<N<30 120 63 20 1000 0.49 2.04 Limestone N>30 125 68 20 4000 0.49 ' 2.04 No hard drilling (N values higher than 50 blows/6 inches) was encountered at any of the two (2) boring locations. Hard limestone may be found within the upper 30 feel of the profile and the contractor should be prepared for that contingency at this site. Ardarnan&Associates, Inc. December 14,2017 File No.: 17-2597 -8- 9.0 Quality Assurance We recommend establishing a comprehensive quality assurance program to verify that all site preparation and foundation and pavement construction is conducted in accordance with the appropriate plans and specifications. Materials testing and inspection services should be provided by Ardaman & Associates. In-situ density tests should be conducted during backfilling activities and below all footings and floor slabs to verify that the required densities have been achieved. In-situ density values should be compared to laboratory Proctor moisture-density results for each of the different natural and fill soils encountered. 10.0 Closure The analysis and recommendations submitted herein are based upon the data obtained from the soil borings presented in the Appendix and the assumed loading conditions. This report does not reflect any variations which may occur adjacent to or between the borings. The nature and extent of the variations between the borings may not become evident until during construction. If variations then appear evident, it will be necessary to re-evaluate the recommendations presented in this report after performing on-site observations during the construction period and noting the characteristics of the variations We are pleased to be of assistance to you on this phase of your project. When we may be of further service to you or should you have any questions, please contact us. Very truly yours, ARDAMAN & ASSOCIATES, INC. FL Certificate No. 0005950 C�Lam' v s k. .27-/0" /2/2• ,//.7 Evelio Hort Jr., M.S.C.E, P.E Evelio Horta, Ph.D., P.E., G.E. Project Engineer Senior Project Engineer FL Reg. No. 82209 FL Reg. No. 46625 Andaman&Associates, Inc. SITE PLAN AND BORING LOGS +i _._3� ". t BAAYSHORE - itithk. OG WATER } .1 ...., = . . 7_ MitiMi Beach r ti Gor®den .7 s, . Pace Pax a ' 04 N,�,TVS. �I j I i ; / s CITY CENTER e t L J v w . 4""<.�aN[,-s s. ` ` Miami Beach UARE ti { S•e ` tik4s _ 1NwF4. {, ' s ' � ,: . Q Flamingo Pork ltrlrnes Aree ` � + S O U T H O E A C H - 14 -4"°* , :.5. DAH't B 1 I,1-.) 1 Lummus P rk t:Mar<etptace • ;Oar Iti N O S 1 I g iiCarmvaI Cru,se Termina �- 1 Park Q - I` ifj CD v, - - - • . piTOWN . _._ .. I A M I dodge Island �..r... s '4 I tZ i c4- 'th Pruntr Reach SUBSURFACE EXPLORATION File No.: 17-2597 Mir. Ardaman & Associates, Inc. PROPOSED FISHING PLATFORM SITE VICINITY MAP Geotechnkal, Environmentaand MAURICE GIBBSPARK 18 S1 a PURDY AVE Prepared By: EHJr Materials Consultants BEACH,MIAMI DADE COUNTY,FLORIDA Figura No 1 Date: 11ro9117 i , ip., ,40,04 ,,, ..,.. tilt I, , li• •C .•.,%-- 10.-j freat. +1:4Vil,"°11‘ ...,),I Iss7 lir 0141.1,r44 ,'rte fir t F i .,.r. '& *dr,'*At;. Y }: .4. A R a { ! i.-11,. t� ,_!v • �.I ,. '+ 4 3 '�`�y�yt ` • •+✓' } 0.r ' •� $.--,,,,F* (y# M' ` .— � �4�J f t w."�. 71.. ' • t '�!1", 'p N rt:'. r n•. • `•, it, • 111 t *t :al . . , �a' t , 1 _j, y• / tai t ,, p. ,� 7 k:/^ Y �. �, , . .« i 1 r - •i #� ` A l A" ± 4(/.. :, • ! .• y M• I1. ; . .� r _ i..:../4, T` t.. 1 �`lcro #may , 1 . SJT:I win S I,et�Harbo,u,�rrD i1:31,19 •�.I riff 94 , r ,F. \..1,- • t -1.7.41 • a �. •, b t 'I, �i'„T'+ , , .. t J 1 ` r 1 I j will 4 7/x •1 I �.M�bad II ^� �.w1 4• y ! ' `•• f iii 1 1, 1 I ' — - *I..) L O L'2-L'''' 111► ! 1 r 1, L;.-i , hi•-• •1iiNirnglr7L "-- 1 , . • i ....4. 1llA r SUBSURFACE EXPLORATION BORING LOCATION PLAN File No.: 17 2597 111W1111Ardomon & Associates Inc. PROPOSED FISHING PLATFORM modla Geotectlnicol, Environmental and MAURICE GIBBS PARK 18 St&PURDY AVE Prepared By: EHJr Materials Consultants MIAMI BEACH,MIAMI DADE COUNTY.FLORIDA Figure No 2 Date- 11/09/17 APPENDIX STANDARD PENETRATION TEST BORING LOGS Our borings describe subsurface conditions only at the locations drilled and at the time drilled. They provide no information about subsurface conditions below the bottom of the boreholes. At locations not explored, surface conditions that differ from those observed in the borings may exist and should be anticipated. The information reported on our boring logs is based on our drillers' logs and on visual examination in our laboratory of disturbed soil samples recovered from the borings. The distinction shown on the logs between soil types is approximate only. The actual transition from one soil to another may be gradual and indistinct. The groundwater depth shown on our boring logs is the water level the driller observed in the borehole when it was drilled. These water levels may have been influenced by the drilling procedures, especially in borings made by rotary drilling with bentonitic drilling mud. An accurate determination of groundwater level required long-term observation of suitable monitoring wells. Fluctuations in groundwater levels throughout the year should be anticipated. The absence of a groundwater level on certain logs indicates that no groundwater data is available. It does not mean that no groundwater will be encountered at the boring location. ftereAt Ardarran&Assod ates, Inc. STANDARD PENETRATION TEST BORINGS The Standard Penetration Test is a widely accepted method of testing foundation soils in place. The N-Value obtained from the test has been correlated empirically with various soil properties. These empirical correlations allow satisfactory estimates to be made of how the soil is likely to behave when subjected to foundation loads. Tests are usually performed in the boreholes at intervals of five feet. in addition, our Firm performs tests continuously in the interval directly below the expected foundation bearing grade where the soils will be most highly stressed. Boreholes where Standard Penetration Tests will be performed are drilled with a truck- mounted CME 45A drill rig. The boreholes are advanced by rotary drilling with a winged bit that makes a hole about three inches in diameter. A bentonitic drilling mud is recirculated in order to remove the cuttings and support the walls of the borehole. The drag bit is specially modified to direct the mud upward and reduced disturbance of the soil ahead of the bit. Occasionally, running or squeezing ground is encountered that cannot be stabilized by the drilling mud alone. In addition, drilling mud may be lost into the soil or rock strata that are unusually pervious. In such cases, flush-coupled steel casing with an outside diameter of about 3.5 inches is driven as a liner for the borehole. After the borehole has been advanced to the depth where a Standard Penetration Test will be performed, the soil sampler used to run the test is attached to the end of the drill rods and lowered to the bottom of the borehole. The testing procedure used conforms closely to the methods recommended in ASTM D-1586. The sampler used has a split- barrel 24 inches long and an outside diameter of 2.0 inches. It is driven into the ground below the bottom of the borehole using a hammer that weighs 140 pounds and falls 30 inches. The driller records the number of hammer blows need to advance the sampler the second and third six-inch increments constitutes the test result; that is, the N-Value at the depth. The test is completed after the sampler has been driven not more than 24 inches or when refusal is encountered, whichever occurs first. Refusal occurs when 50 hammer blows advance the sampler six inches or less. After the test is completed, the sampler is removed from the borehole and opened. The driller examined and classified the soil recovered by the sampler. He places representative soil specimens from each test in closed glass jars and takes them to our laboratory. In the laboratory, additional evaluations and tests are performed, if needed. The driller's classifications may be adjusted, if necessary,to conform more closely to the United Soil Classification systems, ASTM D-2487. Jar samples are retrained in our laboratory for sixty days, then discarded unless our clients request otherwise. After completion of a test boring, the water level in the borehole is recorded. Ardaniii 8 Associates, Inc. STANDARD PENETRATION TEST BORING LOG BORING 1 PROJECT: Fishing Platform at Maurice Gibbs Park FILE No.: 17-2597 Ig 18th Street&Purdy Avenue,Miami Beach, FL BORING LOCATION: See Plan DRILL CREW: EG/FCH WATER OBSERVED AT DEPTH 1.7' DATE DRILLED: 11/30/17 DEPTH SYMBOLS SOU.DESCRIPTION SAVIPLE N N VALUE 1FEET) FIELD TEST DA 1',A No. VALUE ,.z s_r r 4_., FILL.sand with sane holt(rag:fle s I r a Baling ad\anccti fawn Cr to 5'using band augcr.yuapment I ':0: •:•:• v•v ilmetoekwhiM _ f._.._ i_ _ ___ 3 f v v.v SALVO silt.with same shell fray:mats.peer 4 q . . . • v-v•v I- 5 •v v v V.0-R 0/6 1/6 a6 SILT.very safe,pry 5 1 0/6 I216 216 1/6 3 I ' 1 1/6i !-10 • -�/ 6 MUCK-silty organics,very soft.black6 1 - w.-.--;1 U/6 - 16 2 L a I''6 MUCK.silty o wale with xms7 :"T#1.:4-4 .1;6 3 v v tii.. 216 SAND,slightly sihy with lama shrJt fag:mats — I SQ c t , a vvv: E v o'c LiMESTON/c,pcody cem::ttcd.pale hrown 9 9/6s j6/6 15 20 916 t t LIMESTONE.white 10 ' 1 r ,.... 14/6 1416 30 F-25 .,-,-'1, 16rs t -- rt.dNES'TONE poodgantritt ii whit atsattd whale 11 F 5 10 i i 30 r tett I. 1 i i [ ..-_,' .--..:' SAND loan liar gralatd with liar-stone iagmcnts 12 • : L S/6 ii'1 �2/6 a L 35 NOTES: FIELD TEST DATA ARE"BLOWS"/"INCHES DRIVEN" 140-LB HAMMER.30-INCH FALL. (ASTM D-I5S6) (9M5I•U I%.1X) 11V3 HJNI-01.'2131NINVH U1-0'I .N3AINU S"IHJNIJ SMo1II Alit/VIVO 1Sa101313 :S3.LON OL 7 = i - 59— • 1 09- 55— • 05— Sh— i s ' SLI Of— E£ 9/91 f 9Va1 El A:u9'tnwxata awj awe we u litivS� t , a="`: r= n iVA 'InN VtVU LS31.01311 (1333) N011 331VA N N 3RdWVS .ItiiJS3(t ttOS SIOI11IAS 1U430 LI/OC/I I :Q3't"IRIU 3.LVU .L'I RUM IV G3A?I3SBO?13.LVM HDA/D3 :M3113 111110 std aaS :NOI.LVD01 JNI2108 'L3'gaeag iwem'anuanV,(Prod y mans tits I L6SZ-L I :'oN 31I3 Ind sgTO aatanew to Uuolleid BUNsi3 :.I33102Id T OHRIOf 001 DM1110S .LsIs NO!!VUISEM Ld a UVaMV.Ls STANDARD PENETRATION TEST BORING LOG BORING 2 PROJECT: Fishing Platform at Maurice Gibbs Park FILE No.: 17.2597 18th Street&Purdy Avenue, Miami Beach,FL BORING LOCATION: Sec Plan DRILL CREW: EG/FCH WATER OBSERVED AT DEPTH 2.1' DATE DRILLED: 11/30/17 DEPTH SYMBOLS SOIL DESCRIPTION SAMPLE N N VALUE (FEET) FIELD TEST DATA No. VALUE „. II- - - _ _4_ 1—o _ . r + .14444 TOPSOIL silty orzanics with semQ M.,Mack UPPER 1:” t / } F y-CONCRETE slate '- t 5AND,with rack fragments,pale brown t .. r5 — r t :i i k."I'D.n'atirunt il.r• 'r:r.r tttinc.:with;erne rt-,:k fr):,f1:4.:7(34 1 • • i 1 *:;::::::1.1 5/6 1 !------... 5/6 14 • � ....... 9/6 1 -011.1!0::::. :.'7/6 k } } • S/6 —l0 r '::: Jb 7 r . tI • I j • i n.. 5/6 F s f j 416 Mile.c ..t t Of I• ,sakM-nck 5 5 = _ _ . tIr $ 116 ii 21 6 i 3 11-4---1-.--,z-„v: 1/6 15 nt V411'. 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Job Name Fishing Pier Maurice Gibb State Job(Project)/- 11-2597 Driven Pile Capacity: IDs 23-44 -14.0 • ) • 1• A • 1• ■ • v• ■ -19.0 • v • — — • • • F. . • • ■ . • • • O -24.0 -- — —• • • — �_ ■.-. . • +-+ . • , ♦ • • • • ■ Wa) A v. dig • -29-0 _ ---. • . • ■ • • -34 0 •_ v -- • a • ■ -39.0 f 00 300 60.0 90.0 120.0 Capacity (tons) s ----- - Driven Pile Data __ _. _ __ Project Data i ♦ F Ultimate Side Friction 1, l Boring Number B-1 File: 172597Maunce Gibb ♦ F Mobilized End Bearing Ground Surface Elevation 0 00 (ft) Date Dec 26,2017 Section: Square Engineer ,q,ql 1„1 F Ultimate Pile Capacity Width 14 00 (in) 1 • F Estimated Davisson Capacity I • F Allowable Pile Capacity -Analysis Data ._...__.1 1'The'Save to Fite'button saves the currently Analysts Type; SPT selected Curves to a text the IMAMS Department of Regulatory and Economic Resources Coastal and Wetlands Resources Section COUNTY 701 NW 1st Court, Suite 400 Miami, FL 33136-3912 305-372-6575 Class I Construction Permit Permit Number: CLI-2017-0318 Issue Date: 07/18/2018 !-h DERM Project Manager: McKee Gray Work Expiration 07/18/2020/// Date: Permittee Contractor City of Miami Beach Shoreline Foundation, Inc. do Eric Carpenter, Assistant City Manager 2781 Southwest 56`"Avenue 1700 Convention Center Drive Pembroke Park, Florida Miami Beach, Florida 33139 (954) 985-0460 (305)673-7000 License No. CGC1517337 Bond Engineer Performance Bond: N/A Chris E. Brockmeier, P.E. No. 56859 Mitigation Bond: N/A BBEETF Contribution: $540.00 THE ABOVE NAMED PERMITTEE IS HEREBY AUTHORIZED TO PERFORM THE WORK SHOWN ON THE APPLICATION AND APPROVED DRAWINGS, PLANS, AND OTHER DOCUMENTS ATTACHED HERETO OR ON FILE WITH THE DEPARTMENT AND MADE PART HEREOF,SUBJECT TO THE ATTACHED GENERAL AND SPECIFIC CONDITIONS. Plans Entitled: CITY OF MIAMI BEACH MAURICE GIBBS PARK WATER-TAXI/NON-MOTORIZED DOCK Date Signed and Sealed: 05/24/2018 Project Location: 1700 Purdy Avenue, Miami Beach Project Description: - Removal of 2 mooring piles. - Installation of 2 wood mooring piles located 4 feet waterward of the seawall cap at 8 linear feet from the north side of the police dock and at 4 linear feet from the south side of the police dock. - Installation of a 2,066 square foot docking facility consisting of the following: o A 6 foot wide by 18 foot long (108 square feet overwater) aluminum gangway located between 49 and 56 linear feet to the south of the police dock. THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION CLI-2017-0318 Page: 1 of 9 • A 1,340 square foot L-shaped concrete floating dock consisting of a 14 foot wide by 60 foot long (840 square foot) access walkway located between 45 and 59 linear feet to the south of the police dock and a 10 foot wide by 50 foot long (500 square foot) terminal platform located between 45 and 95 linear feet to the south of the police dock. The dock will be secured by 5 concrete piles and 9 wood piles. • An 8 foot long by 6 foot wide (48 square feet overwater) access walkway installed on the southern side of the terminal platform between 95 and 103 linear feet to the south of the police dock. o A 45 foot long by 16 foot wide (570 square foot) irregularly shaped floating PVC dock located between 103 and 119 linear feet to the south of the police dock. The floating dock will be secured by 5 wood piles and have a non-motorized vessel launch installed on the southwestern side. Attachment A: Mooring Prohibited Area THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION CLI-2017-0318 Page: 2 of 9 Specific Conditions 1. Due to shallow water depths, vessels shall be restricted from mooring in areas designated as a "Mooring Prohibited Area." Mooring of vessels anywhere along the area designated as a "Mooring Prohibited Area," shall be strictly prohibited (Attachment A). Failure to comply with this specific condition may be subject to enforcement by the Department. 2. If more than fifty percent of slips are designated for or contain commercial vessels as defined in Section 24-5 of the Miami-Dade County Code or if the docking facility has ten (10) or more boat slips, moorings, davit spaces, and vessel tieup spaces, a Miami-Dade County Marine Facilities Annual Operating Permit (MOP) is required. Information regarding a MOP permit can be obtained from DERM at 305-372-6575. 3. Pursuant to Section 24-28.3(9), the use or installation of unencapsulated polystyrene as defined in Section 24-5 shall be prohibited in connection with any work requiring a Class I permit. Pursuant to Section 24-48.221, for ail facilities which are subject to a County marine facilities operating permit pursuant to this chapter, such permit shall require the removal, replacement or repair of any unencapsulated polystyrene where such polystyrene shows evidence of degradation, disintegration, shredding, or other damage, as determined in the discretion of the Director. 4. The facility owner/operator is required to maintain a Submerged Land Lease from the State of Florida if any vessel or structures are located over state-owned submerged lands. Use of state-owned submerged lands without a lease or other form of consent from the State of Florida is prohibited. By performing work authorized by this permit, the permittee agrees to comply with timetables for compliance and all conditions of the Submerged Land Lease issued by the Florida Department of Environmental Protection. 5. In order to mitigate for short term and long term impacts to water quality associated with the construction of the 6-slip docking facility, 6 cubic yards of riprap (approximately 8 tons) are required. Since it is not feasible to place the mitigation on-site due to site conditions, DERM is willing to accept a contribution to the Biscayne Bay Environmental Enhancement Trust Fund for the creation or enhancement of seagrass marine habitat located within Biscayne Bay. A contribution in the amount of$540.00 was made prior to permit issuance. 6. Please be advised that the federal government has designated all or part of the subject property as critical habitat for one or more endangered species. You are not authorized to commence any work or activities pursuant to this permit until you obtain any and all approvals or permits, if necessary, from the federal government pursuant to the Endangered Species Act and from the State of Florida pursuant to Florida law on endangered species. Please be advised that, even after work commences, if Miami-Dade County is advised by the federal government, the State of Florida, or a court that an activity on the subject property is in violation of the Endangered Species Act, in violation of Florida law on endangered species, or in violation of a permit or approval granted by the federal government pursuant to the Endangered Species Act, such violation may result in an immediate stop work order. You are strongly advised to consult with the United States Fish and Wildlife Service and any other necessary federal or state agencies before conducting any work or activities on the property. The Vero Beach office of the United States Fish and Wildlife Service may be reached at (772) 562-3909. Please be aware that the federal government may require certain actions or protections on the property, and this may result in the need to modify the plans for the property. Therefore, it is recommended that you consult with the United States Fish and Wildlife Service at an early stage in the process. In the event that the United States Fish and Wildlife Service advises that your plans for the subject property may result in a "take" of endangered or threatened species, you are strongly recommended to inform Miami-Dade County in writing at the earliest stage possible. See General Permit conditions. THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION CLI-2017-0318 Page: 3 of 9 General Permit Conditions 1. This permit does not eliminate the necessity to obtain any required federal, state, and local authorizations prior to the start of any activity approved by this permit. This permit is a regulatory approval and does not convey to the permittee or create in the permittee any property right or privilege, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee. In the event that any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, the permittee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference. 2. This permit shall be kept on-site during all phases of construction. 3. All work shall be performed in accordance with the above referenced plans and in accordance with the attached specific and general permit conditions. If a General Condition(s) conflicts with a Specific Condition(s) in this permit document, the Specific Condition shall be the controlling condition for work authorized by this permit. 4. This permit only authorizes the work described in page 1 under Project Description. Any additional work in, on, over or upon tidal waters or coastal wetlands at the property shall require additional Class I approval. 5. Any deviation from the approved plans for this project shall be submitted in writing to DERM prior to the commencement of work, and work may not commence without written acknowledgement of any deviation by DERM. The contractor and the permittee shall take whatever remedial action is necessary to bring the project into compliance with the permit and approved plans upon determination by DERM that the structure is not in compliance with such. 6. DERM shall be notified no later than 48 hours and no earlier than 5 days prior to the commencement of the work authorized by this permit, unless otherwise noted herein. The permittee and/or contractor may notify DERM by calling (305) 372-6575 or by submitting the attached Notice of Commencement of Construction via hand delivery, U.S. Mail, or email at dermcr@miamidade.gov. 7. Prior to performing any work, the contractor shall verify the location of all underground and overhead utility lines and verify that no utilities will be damaged by the work. Contact Sunshine State One-Call of Florida at 1-800- 432-4770 or on the web at http://www.callsunshine.com/corp/before/submitting.html for locating underground utility lines. 8. The permittee and the contractor are hereby advised that under Florida law, no person shall commence any excavation, filling, construction, or other activity involving the use of sovereign or other lands of the State, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Florida Department of Environmental Protection (FDEP), until such person has received the required authorization for the proposed use from the Board of Trustees or FDEP. If such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense pursuant to the Florida Administrative Code. 9. The permittee and contractor shall obtain all required approvals from all local, state and federal agencies prior to performing the work authorized by this permit. 10. Trimming or alteration of mangroves or work in wetlands other than what is authorized by this permit is prohibited. Work not authorized by this permit or that is not explicitly exempt from permit requirements pursuant to the Mangrove Trimming and Preservation Act(403.9321-9334 F.S.)shall require additional Class I approval. 11. For any work involving mangrove trimming or alteration, if the subject Class I permit is revoked by DERM, or the state statute providing the exemption is modified or eliminated, the permittee shall be required to obtain a new permit from DERM prior to mangrove trimming or alteration. 12. All work authorized by this permit shall be performed by the contractor and/or subcontractor holding an applicable certificate of competency and shall be licensed in Miami-Dade County or the State of Florida to THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION CLI-2017-0318 Page: 4 of 9 perform such work. Any work which is subcontracted shall require that the permittee and contractor (i.e. the contractor who is listed on this permit) notify the project manager at DERM at (305) 372-6575 or by email at dermcr@miamidade.gov a minimum of 72 hours prior to the subcontractor performing any work. Notification shall include the name of the subcontractor performing the work, the subcontractor's Miami-Dade County license number or state general contractor license number, and scope of work. Failure to comply with this condition is a violation of the Class I permit and may result in enforcement action DERM. 13. The contractor shall not store or place, even on a temporary basis, construction or demolition debris in tidal waters or wetlands and shall take all necessary precautions to prevent construction or demolition debris from falling into the water or adjacent wetlands. Any debris that falls into the water and/or adjacent wetlands shall be removed immediately. Construction and demolition debris shall be disposed of in accordance with all federal, state and local regulations. 14. Turbidity controls (including but not limited to turbidity curtains) shall be implemented whenever visible plumes are present to ensure compliance with the water quality standards stipulated in Section 24-42(3) of the Code of Miami-Dade County. Turbidity controls shall be employed and maintained around the location where work is actively occurring in the most effective manner possible to prevent turbidity from extending beyond the control mechanism in place. 15. Turbidity may not exceed 0 Nephelometric Turbidity Units (NTU) within the Aquatic Preserve or 29 NTU outside of the Aquatic Preserve, above background beyond the turbidity control device or 50 feet from any point of discharge. Turbidity levels shall be monitored. If the turbidity levels exceed the above standards, all construction shall stop and additional turbidity controls shall be implemented. Work shall not resume until the contractor has implemented adequate turbidity control methods and has received authorization from DERM to recommence work. At DERM's discretion, turbidity samples may be required to be collected in accordance with Section 24- 44.2(3)of the Code of Miami-Dade County. 16. Environmental controls and best management practices shall be implemented to prevent any materials related to construction from entering the surrounding water. Any material removed as well as material applied to accomplish repairs must be contained so as to prevent fugitive particulates and/or discharge to surface waters. Any materials which fall into the water shall be removed immediately. The contractor shall ensure that no material is placed in the water either temporarily or permanently. 17. If any work or activity associated with this project is to take place in navigable waters, the contractor shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collision with manatees. All vessels associated with the project must operate at"Idle Speed/No Wake" at all times while in water where the draft of the vessel provides less than a 4 foot clearance from the bottom. Additionally, all vessels will follow routes of deep water whenever possible. All in-water construction activities shall cease upon the sighting of a manatee(s) within 50 feet of the project area and will not resume until the manatee(s) has departed the project area. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" (1-888-404-FWCC), the U.S. Fish and Wildlife Service, Jacksonville Field Office (904) 791- 2580, and DERM (305) 372-6864. 18. The contractor shall ensure that all vessels associated with the construction shall operate within waters of sufficient depth so as to preclude bottom scouring or prop dredging and shall maintain a minimum of 1 foot of water between the vessel bottom and submerged aquatic resources. 19. The contractor shall ensure that there are no impacts to seagrass, hard corals, or soft corals as a result of construction operations, such as, but not limited to, propeller scouring; and vessel or barge anchoring, grounding or spudding. The marine contractor and permittee shall be held jointly liable for any of these unauthorized impacts. For any impacts caused by the construction operation, DERM shall require, at a minimum, restoration and mitigation. 20. For the purposes of this permit, "vessel" is herein defined as any craft designed to float or navigate on water, including but not limited to: sailboats, powerboats, rowboats, boats, ships, skiffs, houseboats, personal watercraft and inflatable boats. THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION CLI-2017-0318 Page: 5 of 9 21. Pursuant to Section 24-48.10 of the Code of Miami-Dade County the work or structures authorized under this permit shall be privately maintained by the permittee, his successors and assigns. Whenever, in the opinion of the Director of the DERM, said work or structures are not maintained in such a manner so as to prevent deterioration to the extent that they become a hazard to the public or to navigation, or create an obstruction of flow, or prevent access for drainage maintenance purposes, or may damage adjacent property, then the owner is required to perform any necessary remedial work. 22. Unless otherwise authorized in this permit and pursuant to Sections 24-48.23 and 24-48.24 of the Code of Miami-Dade County, the installation or construction of non-water-dependent floating or fixed structures (e.g. covered structures, canopies, helicopter pads, commercial signs, etc.) is prohibited in, on, over or upon any of the tidal waters of Miami-Dade County and constitutes a violation of this permit. Failure to comply with this condition may subject the permittee to enforcement action without further warning. 23. A DERM Class II permit is required for the construction, installation, and/or alteration of any outfall or overflow system in, on, under or upon any water body of Miami-Dade County. In addition, a DERM Class V permit is required for any dewatering of groundwater, surface waters or water, which has entered into an excavation. The contractor shall contact the Water Control Section of DERM at (305) 372-6681 in order to obtain a Class II or Class V permit prior to the construction of any outfall or overflow system and prior to any dewatering activity. 24. The time allotted to complete the work for which this permit has been issued shall be limited to the period stipulated on the permit unless an extension of time is granted pursuant to Section 24-48.9(2) of the Code of Miami-Dade County. Applications for extensions of time shall be submitted to DERM at least 30 days prior to the date of permit expiration; incomplete or untimely applications for extensions of time will be returned to the permittee. 25. An application for Transfer of a Class I permit may be filed with DERM at any time prior to the transfer of property ownership up to 120 days after the date of transfer of fee simple ownership of the property that is the subject of the permit. The Application for Transfer must be signed by both the transferee and transferor. Applications for Transfer shall be filed in the form prescribed by DERM and shall not be processed if the filed Application for Transfer is not fully complete in all respects pursuant to Section 24-48.18, of the Code of Miami-Dade County within 120 days of the date of transfer of property ownership. 26. If the project involves construction, replacement, or repair of a seawall, the new seawall cap shall be a minimum of 6 inches above the final grade of the uplands immediately adjacent, and in order to prevent positive drainage of stormwater into the waterway, all uplands immediately adjacent to the new seawall shall be graded away from the waterway. 27. To further reduce the possibility of injuring or killing a manatee during construction, work within portions of the Biscayne Canal, Little River, and the Coral Gables Waterway shall be performed only between May 1 and November 15. 28. A minimum of 1 foot of clearance shall be maintained at all times between the submerged bottom, and any existing benthic resources, and any vessels moored at the property. 29. Adequate clearance shall be maintained at all times between the submerged bottom, and any existing benthic resources, and any vessels moored at the property, such that there are no impacts to State or County water quality standards, even on a temporary basis, or to benthic resources or the submerged bottom, including but not limited to bottom scouring or prop dredging. 30. If railing is required to be installed pursuant to this permit, it shall be installed within 30 days of completion of the permitted work, and prior to the use of the structure(s) authorized by this permit, including the mooring of vessels. 31. A performance and/or mitigation bond may be held to ensure compliance with the aforementioned conditions and the completion of any required mitigation. Failure to comply with any of these conditions may result in the revocation by Miami-Dade County of all or a portion of the bond without further notice. THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION CLI-2017-0318 Page: 6 of 9 32 Pursuant to Section 24-28.3.(9), the use or installation of unencapsulated polystyrene as defined in Section 24-5 shall be prohibited in connection with any work requiring a Class I permit. Pursuant to Section 24-48.221, for all facilities which are subject to a County marine facilities operating permit pursuant to this chapter, such permit shall require the removal, replacement or repair of any unencapsulated polystyrene where such polystyrene shows evidence of degradation, disintegration, shredding, or other damage, as determined in the discretion of the Director. THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION CLI-2017-0318 Page: 7 of 9 MIAMI-M= 0E DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES COASTAL AND WETLANDS RESOURCES SECTION 701 NW 1St Court, Ste 600, Miami, FL 33136 Phone 305-372-6575 Email dermcr@miamidade.gov NOTICE OF COMMENCEMENT OF CONSTRUCTION PERMIT NO.: PERMITTEE'S NAME: PROJECT LOCATION: PERMIT ISSUANCE DATE: CONTRACTOR NAME: PROPOSED DATE OF COMMENCEMENT: ANTICIPATED DATE OF COMPLETION: COMMENTS: THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION CLI-2017-0318 Page: 8 of 9 ATTACHMENT A: MOORING PROHIBITED AREA NEW t2'®MOORING ' a nca-. {\\ .NN PILES ♦ . • • allk. I IP Z Eiji) (TYPT f ,_ -_,:.• i. rYv SASE?OPENING W SEAWALL AND I• ' 'z.. • � `• Hf CCE i • \ t CONCRETE CAP.CENTER �.'• - �' -.•� BETWEEN PILINGS • EXISTING CONCRETE SEAWALL CAP,. •:' ':uC•i4At. �IAc. •- - D , WALL PANELS AND PILINGS BELOW v GRECS / OA 2 :s ax- .. - 0' 4' ,.//// /� / //. /////./// / ////4- UM ' WI TRANSITION PLATE 45* PROPOSED 14•x14' CONCRETE PILE(TYP) ITO PILE W/ SEAGRASS TIMBERGUARD(TIT) • e EAWALL •Y ! . . in-:•••4. m • . -TNON-MOTORIZED '� CONTOUR ;, VESSEL LAUNCH I'',,,..-•;.,i � I u I O 1 . .. AREA G :; I i i� t- �. I A. :7,1 I 112 • >5 Illik , 1-ADA C - - NON�AOTORIZEO ' � . VESSEL LAUNCH WI ADA TRANSFER PACKAGE POLICE DOCK t fri t o PROPOSED 6x17 (PVC DECK BOARDS) SFTRI;TED ALUMINUM GANGWAY A ACC .SR - CONCRETE A 50' FLOATING DOCK 1: // = mooring prohibited THIS PERMIT AND PLANS SHALL BE KEPT ON SITE DURING ALL PHASES OF CONSTRUCTION • CLI-2017-0318 Page: 9 of 9 4.‘b. a. Depart,•' Florida Department of Rick Scott Environmental Protection Carlos Lopez-Cantera SOUTHEAST DISTRICT OFFICE Lt. Governor 3301 GUN CLUB ROAD, MSC 7210-1 Noah Valenstein WEST PALM BEACH, FL 33406 ''e n t e l V` 561-681-6600 Secretary Project Name: Maurice Gibbs Park Dock Permittee/Authorized Entity: City of Miami Beach c/o Bruce Mowry 1700 Convention Center Dr. Miami Beach, FL 33139 Email: brucemowrv(2mmiamibeachfl.eov Authorized Agent: Stantec c/o Jeff Marcus Email: Jeff.MarcusaStantec.com Environmental Resource Permit- Granted State-owned Submerged Lands Authorization—Not Applicable U.S. Army Corps of Engineers Authorization—Separate Corps Authorization Required Permit No.: 13-234209-003-EI Permit Issuance Date: March 22, 2018 Permit Construction Phase Expiration Date: March 22, 2023 www.dep.state.fl.us Environmental Resource Permit Permit No.: 13-234209-003-EI PROJECT LOCATION The activities authorized by this Permit are located within Biscayne Bay, within the Biscayne Bay Aquatic Preserve, Outstanding Florida Waters, Class III Waters, adjacent to 1700 Purdy Ave., Miami Beach (Section 33, Township 53 South, Range 42 East), in Miami-Dade County (Latitude N 25° 47' 33.89", Longitude W 80° 08' 42.42"). (include locations of all activities as appropriate (i.e. offsite mitigation, restoration, public interest, etc.) PROJECT DESCRIPTION This permit authorizes the installation of a 1,120 ft2 floating dock and gangway for water taxi service and a 978 ft2 public kayak launch for a total of 2,098 ft2 of work within surface waters. This permit authorizes 2,098 ft2 of impacts to wetland or other surface waters. Submerged resources are not located within the project boundaries; therefore, there will be no adverse impacts to these resources. Mitigation is not required. The attached standard manatee conditions(version 2011)shall be adhered to during all in-water work. Prior to construction commencement, weighted floating turbidity curtains, extending to within one- foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity resulting from construction activities will be contained within the project boundaries. All water bodies, including any adjacent submerged aquatic vegetation outside the specific limits of construction authorized by this permit shall be protected from erosion,siltation,sedimentation,and/or scouring. . AUTHORIZATIONS Environmental Resource Permit The Department has determined that tlib activity qualifies for an Environmental Resource Permit. Therefore,the Environmental Resource Permit is hereby granted,pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity is located with Board of Trustees TFT Deed No.25150(2329- 13) not on submerged lands owned by the State of Florida. Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, 18-18, F.A.C. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using the appropriate federal application form (ENG 4345). More information about Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook. Project Name: Maurice Gibbs Park Dock Permit No.: 13-234209-003-EI Page 2 of 11 Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal,state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits,authorizations,or modifications will be granted by the Department. PERMIT The activities described must be conducted in accordance with: • The Specific Conditions • The GeneralkConditions • The limits,conditions and locations of work shown in the attached drawings • The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit as described. SPECIFIC CONDITIONS-PROJECT FORMS & ATTACHMENTS (1) The attached project drawings (sheets 1 through 7); the Standard Manatee Conditions for In-Water Work, 2011, which can be downloaded at can be downloaded at http://mvfwc.com/media/415448/Manatee StdCondln waterWork.pdf; and DEP forms 62- 330.310(1); 62-330.310(2); 62-330.340(1); and 62-330.350(1), which may be downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become part of this permit. If the perm ittee Project Name:Maurice Gibbs Park Dock Permit No.: 13-234209-003-El Page 3 of 11 does not have access to the Internet, please contact the Department at (561) 681-6600 to request the aforementioned forms and/or document(s). SPECIFIC CONDITIONS -PRIOR TO CONSTRUCTION (2) After selection of the contractor to perform the authorized activities and prior to the initiation of any work authorized by this permit,the permittee(or authorized agent)and the contractor shall attend a pre-construction conference with a representative of the Department. It shall be the responsibility of the permittee to contact the Department's Compliance Assistance Program,by email SEDERPndep.state.fl.us, or by phone (561) 681-6600, to schedule the pre-construction conference. SPECIFIC CONDITIONS—CONSTRUCTION ACTIVITIES (1) Prior to the initiation of any work authorized by this permit, floating turbidity curtains with weighted skirts that extend to within one foot of the bottom shall be placed around the project site,and shall be maintained and remain in place for the duration of the project construction to ensure that turbid discharges do not occur outside the boundaries of the floating turbidity screens. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent turbid discharges. (2) There shall be no storage or stockpiling of tools and materials (i.e., lumber, pilings, debris), along the shoreline adjacent to waters of the state. All excess lumber, scrap wood, trash, garbage, and any other type of debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized in this permit. All construction equipment/tools and materials shall be transported to and from the site via upland roadways and barges and all equipment/tools and materials shall be stored on the construction barges or uplands. (3) All watercraft associated with the construction of the permitted activities shall only operate within waters of sufficient depth (one-foot clearance from the deepest draft of the vessel to the submerged bottom) so as to preclude bottom scouring or prop dredging. SPECIFIC CONDITIONS—MONITORING/REPORTING REQUIREMENTS (4) Turbidity levels outside the construction area shall not exceed 0 NTU's above background levels. The following measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed 0 NTUs above background: a. Notify the Department at (561) 681-6750 at the time the violation is first detected. b. Immediately cease all work contributing to the water quality violation. c. Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, install more turbidity containment devices,and repair any non-functional turbidity containment devices. d. As required, perform turbidity monitoring per Specific Conditions. e. Resume construction activities once turbidity levels outside turbidity curtains fall below 0 NTUs. (5) Water turbidity levels shall be monitored if a turbidity plume is observed outside the limits of the required turbidity control devices. Samples shall be taken every four hours until turbidity Project Name:Maurice Gibbs Park Dock Permit No.: 13-234209-003-EI Page 4 of 11 subsides at one foot above the bottom, mid-depth, and one-foot below the surface at monitoring stations located as follows: a. Approximately 100 feet up-current of the work sites and clearly outside the influence of construction activities. (This shall serve as the natural background sample against which other turbidity readings shall be compared.) b. Directly outside the turbidity curtains surrounding the work sites and within the densest portion of any visible turbidity plume. (This sample shall serve as the compliance sample.) (6) During dock construction activities, the permittee or permittee's contractor shall collect the following turbidity monitoring data at the frequency and water depths directed by the Specific Condition above: a. Date and time of sampling event b. Turbidity sampling results (background NTUs, compliance NTUs, and the difference between them) c. Description of data collection methods d. An aerial map indicating the sampling locations e. Depth of sample(s) f. Weather conditions at times of sampling g. Tidal stage and direction of flow Data shall be collected in a turbidity log and shall include a statement by the individual responsible for 'implementation of the sampling program attesting to the authenticity, precision, limits of detection, and accuracy of the data. The turbidity log shall be scanned and sent Department's Compliance Assistance Program, by email SEDERP@dep.state.fl.us, or by phone (561) 681- 6600. The subject line of the email shall include the project name, permit number, and the title "Turbidity Monitoring Reports." SPECIFIC CONDITIONS—OPERATION AND MAINTENANCE ACTIVITIES (7) Vessels utilizing this structure shall maintain a minimum of one foot clearance between the deepest draft of the vessel with the engine in the down position and the top of the submerged bottom so as to preclude bottom scouring or prop dredging. (8) Vessels shall only be docked within the approved in-water mooring areas and shall be limited to a maximum of two (2) slips. (9) The slips shall not be occupied by liveaboards. A liveaboard vessel shall be defined as a vessel docked at a facility that is inhabited by a person or persons for any 5 consecutive days or a total of 10 days within a 30-day period. (10) Within 10 days of completion of dock construction, "No Mooring" signs shall be installed along all portions of the dock and 978 ft2 kayak launch adjacent to non-mooring areas. Project Name: Maurice Gibbs Park Dock Permit No.: 13-234209-003-EI Page 5 of 11 SPECIFIC CONDITIONS—MANATEE CONDITIONS (1 l) During all in-water work, the permittee shall comply with the standard manatee protection construction conditions listed in the attached 1-page"Standard Manatee Conditions for In- Water Work, 2011". (12) No later than 60 days after permit issuance,permanent manatee educational signs must be installed by the permittee. In the event the signs fade, become damaged or outdated, they must be replaced and maintained for the life of the facility. The on-site locations and types of signs must be acceptable to the Florida Fish and Wildlife Conservation Commission, which should be contacted at ImperiledSpecies@mvfwc.com. The types of signs, sign vendors, and the process for FWC approval can be found at: http://www.mvfwc.com/wildlifehabitats/managed/manatee/signs/. GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions. (1) All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. (2) A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. (3) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. (4) At least 48 hours prior to beginning the authorized activities,the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency,as described in subsection 62-330.010(5), F.A.C. If available,an Agency website that fulfills this notification requirement may be used in lieu of the form. Project Name:Maurice Gibbs Park Dock Permit No.: 13-234209-003-EI Page 6 of 11 (5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C.,the permittee is liable to comply with the plans,terms and conditions of the permit for the life of the project or activity. (6) Within 30 days after completing construction of the entire project,or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities—"As-Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(l)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. (7) If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8) The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. (9) This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule,or ordinance;or d. Authorize any entrance upon or work on property that is not owned,held in easement,or controlled by the permittee. (10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. Project Name: Maurice Gibbs Park Dock Permit No.: 13-234209-003-El Page 7 of 11 (11) The permittee shall hold and save the Agency harmless from any and all damages,claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12) The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. (13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements,dugout canoes,or any other physical remains that could be associated with Native American cultures,or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. (16) The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris.Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17) This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity.If any adverse impacts result,the Agency will require the permittee to eliminate the cause,obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. (18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. Project Name: Maurice Gibbs Park Dock Permit No.: 13-234209-003-E[ Page 8 of 11 NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28- 106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (e). A.concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed(received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Project Name:Maurice Gibbs Park Dock Permit No.: 13-234209-003-El Page 9 of 11 Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of sections 373.114(1)(a) or 373.4275, Florida Statutes, may also seek appellate review of this order before the Land and Water Adjudicatory Commission under section 373.114(1)or 373.4275, Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Any Party to this Order has the right to seek judicial review of the Order Pursuant to Section 120.68, F.S., by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of the Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Order is filed with the clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department Executed in Orlando, Florida. STATE OF F IDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Diane Pupa Program Administrator— Permitting and Waste Cleanup Southeast District Project Name:Maurice Gibbs Park Dock Permit No.: 13-234209-003-EI Page 10 of 11 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP—Diane Pupa, Monica Sovacool, Stacy Cecil,Juliana Gomez, Eric Buck Lisa Spadafina, Miami-Dade County RER, spadaL2 c@miamidade.gov FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. a/c- T� March 22, 2018 er Date Attachments: Project Drawings and Design Specs., 7 pages Standard Manatee Conditions for In-Water Work, 2011, can be downloaded at http://mvfwc.com/media/415448/Manatee StdCondln waterWork.pdf As-built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)* Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)* Request to Transfer Permit Form 62-330.340(1)* Commencement Notice Form 62-330.350(1)* *Can be downloaded at: http://www.dep.state.fl.us/water/wetlands/erp/forms.htm Project Name:Maurice Gibbs Park Dock Permit No.: 13-234209-003-EI Page 11 of 11 0 i1y D � 4•� l�,p� INDEX OF DRAWINGS W �. 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Jr w} „ BMs it ILA ft _ � • M s .. 4 �. nlie ,aria it+�y ;Apo,•weo• „.4 't 1-may;;# -A� � on Pt w .' \ . }6dIts r X61 ` p :;., .46 � �` • rr MEMORIAL th .tr. r ;. i ISLAND * ;., -„,,,,; .�. . iv, 1 I f ' . sr 40 '-' i'.,-; k ' .46... =,1,01:;t0,,,i, ile.„0. „* , p _ a Permit Nttmher �X� d ;, „ Pzi ---. itit '� tl�s �, 1 09 0 3 1 -- AUG 2017 AERIAL MAP .y ORIGINAL SHEET-ANSIA NTS — -:-,�--_. 215810677 ENG`NgfR��R;CORD: ,1 Client/Project Sta me c BRO P Southeast District CITY OF MIAMI BEACH f-', C/0 ZQ';'N e..,1(`: t* 4 MAURICE GIBBS PARK v; 5s V WATER TAXI/NON-MOTORIZED DOCK ' 901 Ponce de Leon Boulevard,Suite 900 • i 9..• _ ?a, O1' Figure No. Coral Gables,FL p' • ATE OF z w? U 2 � PH: (305) 445-2900 %nR -, ,oP;�4� ir Z V L Title •,�s;•©R1 C,\•%s AERIAL MAP www.stantec.com ..'4S70NA..�N,,, 1 Certificate of Authorization No.27013 �AC1"13 1)18 01/03/2010 A PERMITTING COMMENTS UPDATE CHRIS E.BROCKMEIER,P.E. FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION — =r 1 \ .\1 ,-.1 f% � Z N 88'00'15" E / - U 187.98' (C) ( DI _ _..• _ ` \ . . En 188.15' (M) SC' '�\ ••� ci \\ \\\\� •\\�\ � ,O 171lik uir (_ �X -e• 71 :a , '.-':'I,' '' ImriiiipP6 U $14 � . , 4 4 x O w 1 I uI�` 7 1)1 1ra• o O. :� h 10, 1411\11 , a ..11 . "Aki----' k ( 7.A.,8� I - 8J I ,9) �k ) PROJECT SITE '-10)I �(_9)--}} ��. ( "7 N 01'55'30" W (C), N 00.04'14" E (D ——— 795.91' (C), 798.78' (0), 795.80' (11O F a, QQ��/ ----‘1 kyr , • Z® 796'(WATERFRONT) r . 4 4. \ 4oi 0 50• 100 N Pe`mit Number 7 A r \ 13-023421 s(l�l EE b p lila b. • 0 SUBMERGED LANDS / `' "_�� F • PER DEED N0.25150(2329-13),M.D.C.R. �01�11�:1.5 1� ,�lC ^' Q \ 191,794 50.FT.(4.{ACRES) J 1, 1(J-t!►.�. (NOT SURVEYED) EAY PROPERTY LIMITS �4. o� 0 AUG 2017 tORIGINAL SHEET-ANSI A 1•' � 215810677 ENGINEER 4f RECORD: 31' , 1�N Ull�8'14, Client/Pr eC 15 ```�\y e' BRO,8'1, ' CITY OF MIAMI BEACH Stantec - .2.,Q:••••, ` .k.4,6,',,,;i, - MAURICE GIBBS PARK i 901 Ponce de Leon Boulevard,Suite 900 ` U' 59 WATER TAXI/NON-MOTORIZED DOCK / - • Figure No. • E Coral Gables, FL =-n 'cr= 3 PH: (305) 445-2900 %�• • ATE of w= -OT T 1-;z.$ Tine 1.3 ;%,76,..,s',..`°R.`•°' � ss PROPERTY LIMITS www.stantec.com �� /U N A�E�.��• Certificate of Authorization No.27013 jp�f"'gYT018 (11/03/2018A PERMITTING COMMENTS UPDATE CHRIS E.BROCKMEIER,P.E. FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION \ PK&D I I A 1PHAL1j I I I• \, MLP K&S TRAY PT J CEI 11091 :P EB EL=2.397' I I KIR V'CONC MLP I(` _ 80 - E9 FLAG WALK Ala ° j GRASS r BOL BOL POLE 8' BENCH I .. 1 fp,1 1 •• G� :10 GRASS POS I 1 MLP GRASS .0 CONC •c • HEDGE�.: U ((( I I I EXIST SEAWALL .3 /-WM EXIST SEAWALL E GRASS • • CONC r • ' HEDGE �1 30""PVC -I 11 14 v . . ■ / �l 3 � CONC'WALKWAY ` - . „.....1......, I�;�V 'r' PL� ��■.. �- �• f 8' BENCH —i 9- ■ • '� Ll��— • r--- y •,/V • ' G GRASS 1011111110111.1111111.11111111 IMO—01111111 41.1•11111.1110 Ft 111•101011111.—Una �_ COST. L �fl l)� •L 4 �[s (_ tB'Pv0 WOOD WOOD• , •W00Q ' N ---- T — jaJ, __' yI, , OD ` POSY . w/TIDE PITO IBE • MF 1 q - TOB _. •.._�� U. ► ! 1f r f . ISTF. N FLEX R ■ �� L.-' / REMOVED'' $) CONC. TOT'=0.78 74•x30' • ' RIP RAP j3Q/AT RAMP • ' OUTFALL Box • • WOOD W/MANATEE CULVERT .. l�4il� . r ' POST GRATE OUTFALL • _ Z ' 1 =(-2.37) W/ I(NI - . MANATEE `•• // (.-,g) _ U• • WOOD GRATE I ... ••o POSTD POST INV=(-2.37) E WOOD -el/ I 0 15• 30• iiiiiniiii z / WOOD DECK .0 ....-- • �� 8. POST `'. •• o • Y, WOOD ' v �--�(-10 I PROJECT SITE )ST , a BOAT . ,•o• BOAT • (---9) )ST o LIFT(i) �• 'LIFT(2) I • WOOD 4 z POST ) 0.IL ...:'..li \ .".' - MLP '-1 1)------1---------____ WOOD WOOD BOAT I `� ”"' POST POST LIFT(3) MLP MLP L J • I FGEND ...% Z O F $N Dl } ' ' EXISTING CONCRETE $ 0 Aga \ y 'l'a� :1 SEAGRASS 4r P J 4 �l iv Permit Number a --' ® STING CONDITIONS NOTE r AUG2017 ORIGINAL SHEET-ANSI A I' ' ELEVATIO -SHO REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. 13-0234209-003-El 215810677 -. .Irr ENG`N�fi�O,,RECORD: T Clent/Project ``%11 %, BRO. '.,�� id 0 CITY OF MIAMI BEACH 4 Cis 5ta n ieC .%.,1-....` - ••� F1'F,' p Southeast District ` U ��. y MAURICE GIBBS PARK • 4 WATER TAXI/NON-MOTORIZED DOCK i3 901 Ponce de Leon Boulevard,Suite 900 ?* 159 ;k �' O - 0 Figure No. g Coral Gables,Fl =•o: / r¢r by 4 ai PH: (305)445-2900 1.o • ATE OF 14 or '� ,� , �O me 0. www.stantec.com ��'•.,F6‘,s,'!°R`O�A. '�•.`% ,t v y 9' EXISTING CONDITIONS Certificate of Authorization No.27013 ''"• oNAL..„‘„x 1`` Jnt? k nia 01/04/2018 A PERMITTING COMMENTS UPDATE CHRIS E.BROCKMEIER.P E. FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION __,.._. yto O a N vl NEW 12"0 MOORING .o bEN O PILE W/TIMBERGUARD 411111; � MLP f 4, Z (TYP) ` + • PHR CONC MLP _1 EB FLAG WALK , I GRASS 15' 30' POLE 8' BENCH GRASS .v CONC . Y'a HEDGE.: 4 z BASE 7'OPENING IN SEAWALL AND —7--1 .Z �► Permit Number 7 WM EXIST SEAWAL CONCRETE CAP,CENTER • ` "GONG • ',/ 1 o HEDGE 4 r BETWEEN PILINGS EXISTING CONCRETE SEAWALL CAP, :' ONC•WAL WAY • ®tIOL _ , v . WALL PANELS AND PILINGS BELOW 13-0234209-003-U �• • �IC� _ • .�...I�.� ,..—,.. .�..+.PL•+rRAss...r... I • v i i p Southeast District ,„e° p `. rJ + U S. d' yN '�^ rT ) PROPOSED 6'x30'ADA d <�i ALUMINUM GANGWAY �� OS. 5-) I�I.yy` W/TRANSITION PLATE RIP RAP 4, 4' ,"-... . PROPOSED 14'x14" 0 ar Z r Z -. CONCRETE PILE(TYP) 1210 PILE W/ SEAGRASS• TIMBERGUARD(TYP) IFGEND . `131---41149— EXISTING SEAWALL +•p • w 14' iifl'nHtIi —T ,iw ''' �i NON-MOTORIZED 'I� a (`8) - ELEVATION CONTOUR BOAT •z•. BOAT �� . VESSEL LAUNCH >` ' •1 `!( LIFT(1) . W `LIFT(2) I,,e) .- - AREA .....„� I l'=�..._. v ---t--• PROPOSED TURBIDITY Z I. '—l's., !ti(-111, C:� --.. v CURTAIN 4+ =LF Q 111 - A n H io w0 1, �(-17� (111( .� BOAT W q__. ' LIFT(3) 0 I ( i - • 1-ADA �-• � I _� .I�oC •• NON-MOTORIZED � � 16' VESSEL LAUNCH W/ FLOATING DOCK AREAS EC' I — III=NS ADA TRANSFER FLOATING DOCK 1,334 SF to 0 \ PACKAGE CONCRETE POLICE DOCK c� c 1 �D NON-MOTORIZED 575 SF (RESTRICTED a _ PROPOSED 6'x12' (PVC DECK BOARDS) VESSEL LAUNCH ACCESS) ALUMINUM GANGWAY Q X (PVC DECK BOARDS) . II CONCRETEA 5 GANGWAYS 189 SF \ 50' FLOATING DOCK (ALUMINUM) \\ TOTAL 2,098 SF ),A • - - g, PROPOSED DOCK LAYOUT 7 C) NOTE' AUG 2017 ORIGINAL SHEET-ANSI A I•.2P ELEVATIONS SHOWN REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. 215810677 ENGINEER(�F RECORD: , Client/Project 5 ``��1•BRO ek�'�.� CITY OF MIAMI BEACH Cl-a ntec � " ..:t4,..,..Fils It.' MAURICE GIBBS PARK A :V,' , 59 '•'9 V. WATER TAXI/NON-MOTORIZED DOCK € r. 901 Ponce de Leon Boulevard,Suite 900 _*• I :• - - Figure No. Coral Gables,Fl =-D: / r 5 A PH: (305)445-2900 I.o • ATE OP•• �� Tale '-., ,'�4on,..••0,,,` PROPOSED DOCK LAYOUT *� Certificate of Authorization No.27013 m 4'SS;aNn�..a`�� >_ .)AN fl 1Q19 CHRIS E.BROCKMEIER.P.E. U1103/2018 Q1 PERMITTING COMMENTS UPDATE FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION 20'BOAT SLIP _____ . _.-_-_ PROPOSED 14"x 14" PROPOSED 12"0 PROPOSED 6'X 30' -_,_. . . .. PROPOSED 14"x 14" - ---- --- ------------__ CONC.PILE(TYP.) WOOD PILE W/ ADA ALUMINUM - -- CONC.PILE(TYP.) _,_- TIMBERGUARD(TYP.) ------__.._ __._ GANGWAY W/ • 15 TRANSITION PLATE ,E TOP OF PILE 7f► ______—_—_-46-_ - TRANSITION ELEV 14.00 _.-. -_. 7 PROPOSED 12"0 _ - — _____ EXISTING - - PROPOSED CONCRETE WOOD PILE W/ ` SEAWALL _ FLOATING MAIN WALKWAY/ TIMBERGUARD(TYP,) 4 _.t$_ __ _, __ 10.. . ___CAP + A DOCK ELEV=+2.16 -�' ____, PROPOSED 6'X 12' y 10 ..,___--_-- __ r �_ ADA AGANGLUMINUM ,+ �_ _d _ _ TOP OF PILE _.,• _ _._. 4f 'C' A. ELEV=8.00 - --__-__ +5.7— _ � . -_ r A TRANSITION PLATE -s.. ‘,.. - t , i - • - I-- i 2,1 "1,1 I t- 5— 2392 -- MEAN HIGH WATER+0.16 0 i MEAN LOW WATER-1.99 — --- _ �_ e- , �'_ ;F -- .W_._..__ \ ; i 4 i� `fie ____._..�.__,.. 5 I -4.8 -5.0 _ ! `t,• _,_______L—. 17� _ _ _ rt,t, ir olt.. . ; ko. .._ ; - ______ _____ _______ - girl f w _oXISTRL3 _ — -_ __. l " - 1 I E _ – — _ – __�-87YBiTT•15 -15 0 10 20 30 40 50 60 70 80 OSECTION A I tans=m. 1 I NOTE: THE USE OF NON-ENCAPSULATED POLYSTYRENE FOR FLOTATION IS ,f 0 F E At V i PROHIBITED BY DADE COUNTY �� 14 1 ORDINANCE. ALL POLYSTYRENE O Z FLOTATION USED FOR FLOATING DOCK X ''l' i OR NON-MOTORIZED VEHICLE LAUNCH " t AREA SHALL BE FULLY ENCAPSULATED. 4 `7. at Permit Number 01 A NOTE: 7 AUG 2017 ORIGINAL SHEET-ANSI A A ELEVATIONS SHO N TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. 215810677 ENGINF��r9F RECORD: 13-0234209-003-EI ow Client/Project 1 `��%y%% SR•,,,:,O ,,�� 1 CITY OF MIAMI BEACH 0 5 Sta me c ;�U�@�,•' :••••:/...•4;:. C PO MAURICE GIBBS PARK f. 901 Ponce de Leon Boulevard,Suite 900 =* j e: Southeast District 'V/ WATER TAXI/NON-MOTORIZED DOCK - = AP Figure No. g Coral Gables,FI =-l: a: o O 6 A6 PH: (305)445-2900 vs.' Are of •:�w$; 4y me ''o'�ct"•�4oRt°fie*,,,, •' �° SECTION A www.stantec.com • -'-,,s,1 AL�'v�`.. d n >g Certificate of Authorization No.27013 �'''�� `� ��Z v Z s- lAN Q X101' 01/03/2018 Aj PERMITTING CragirirS UPDATE CHRIS E.BROCKMEIER,P.E. FLORIDA REGISTERED ENGINEER NO.58859 DATE DESCRIPTION FLOATING MAIN WALKWAY/ EXISTING SEAWALL; DOCK(CONCRETE) TOP OF --- - - --- - - -- - PROPOSED 14'x 14 ---_- .___ --._.-_I(BEHIND) NON-MOTORIZED __._-- _ __ ELEV-+2.16 CONC.PILE(TYP.) — -- __ _ ...._ _ VESSEL LAUNCH PROPOSED 6'x30'ADA -----_ __.____-_---.;____- I 15 - -- ALUMINUM GANGWAY TOP OF PILEJA - PLATFORM W/ 15 PROPOSED R W/TRANSITION PLATE ELEV=14.00 ;�c WOOD PILE(TYP.)__ _-_ PROPOSED 6'x12'ADA PACKADA AGE(PVCEA - --- _ W/TIMBERGUARD ALUMINUM GANGWAY DECK BOAR 10 .._�_ � - W/TRANSITION PLATE ELEV=+1.16 10 -- 4 k _ ..__ `"...- 'TOP OF PILE . I' _+ Ll Vi _ : _ 5. s-,:..,•.',.1! I ..�; EOEV 70 WALL 64 t045y1'osis ®— t ..a'....,\_-.' • _ _ _ 5 MEAN HIGH dam`.. �\ 0 WATER+0.16 nv'4- _..___ !®/ TOP OF DECKING it, V +11 EAN LOW L ._ _. LE 6 0 ATER 199 f� _- ;% -- - -- ` _ _. �• - - S - _-5 _— _— ► —. 5 — -. r� __ - ._. .. �. _..t. _I i 1U �v _...._-..-3.._ ®T_ 10 OSECTION B 1. 0A.,=,a. - --- - --- NOTE: THE USE OF NON-ENCAPSULATED POLYSTYRENE FOR FLOTATION IS 0 F $N ` PROHIBITED BY DADE COUNTY �'t j ORDINANCE. ALL POLYSTYRENE 0 FLOTATION USED FOR FLOATING DOCK X 4 } OR NON-MOTORIZED VEHICLE LAUNCH t AREA SHALL BE FULLY ENCAPSULATED. �r t'ILA - - - - - A ..,. 4 A V Permit Number NOTE, AUG2017 ORIGINAL SHEET-ANSI A Q ELEVATIONS.HON'EFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1986. 215810677 1 ENGINEER OF RECORD: 3-0234209-003-E I Client/Project ,, 5 ```�\y��,1BRO� ��,I,I 14. '+0 CITY OF MIAMI BEACH Sta ntec . P:'....:.... Fi MAURICE GIBBS PARK v;' C WATER TAXI/NON-MOTORIZED DOCK ! 901 Ponce de Leon Boulevard,Suite 900 :*: .P _ p Southeast District Figure No. Coral Gables,Fl --o / 'cc_ ,itil 7 PH: (305) 445 2900 y ATE OF 2�0 ,:::- S y Title 12 www.stantec.com �'�o`�s'�OR`OP�.` u SECTION B Certificate of Authorization No.27013 '��"•i, )1:�`� �A �l018 91/63/2018 0 -' a ur . , ..•DATE CHRIS E.BROCKMEIER,P.E. FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION Rick Scott as ceaa►t,�� r Florida Department of Governor Q Environmental Protection Carlos Lopez-Canters • SOUTHEAST DISTRICT OFFICE Lt. Governor 3301 GUN CLUB ROAD, MSC 7210-1 ^�e �. WEST PALM BEACH, FL 33406 Noah Valenstein "Iantal pu 561-681-6600 Secretary July 6, 2018 City of Miami Beach c/o Bruce Mowry 1700 Convention Center Dr. Miami Beach, FL 33139 Send Via Email to: brucemowrvmiamibeachfl.Qov Re: Project Name: Maurice Gibbs Park Mod Permit No.: 13-0234209-004-EM Modification of Permit No.: 13-0234209-003-EI Dear Mr. Mowry: Your request to modify this permit has been received and reviewed by Department staff. The modification consists of moving the previously authorized 2,098 ft2 dock to the south 5 ft. and install signage on the dock stating it is for use only by non-motorized vessels. The above modifications are not expected to adversely affect water quality and will not be contrary to or will be clearly in the public interest. Since the proposed modification is not expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as requested. By copy of this letter, we are notifying all necessary parties of the modifications. This letter of approval does not alter the original expiration date of March 22, 2023, and does not change the original General or Specific Conditions (except as modified herein), or monitoring requirements of the permit (except as modified herein). This letter and attached drawings must be attached to the original permit. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, www.dep.state.f1.us Project Name:Maurice Gibbs Park Mod Permit No.: 13-0234209-004-EM Modification of Permit No.: 13-0234209-003-EI Page 2 of 4 the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C.,a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name,address,any email address,any facsimile number,and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed(received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant,and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections Project Name: Maurice Gibbs Park Mod Permit No.: 13-0234209-004-EM Modification of Permit No.: 13-0234209-003-EI Page 3 of 4 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention(in a proceeding initiated by another party)will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C.,a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant,or any party within the meaning of Section 373.114(1)(a)or 373.4275, F:S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Project Name: Maurice Gibbs Park Mod Permit No.: 13-0234209-004-EM Modification of Permit No.: 13-0234209-003-EI Page 4 of 4 Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Diane Pupa Program Administrator— Permitting and Waste Cleanup Southeast District CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP—Diane Pupa, Monica Sovacool, Stacy Cecil,Juliana Gomez, Eric Buck Lisa Spadafina, Miami-Dade County RER, spadaLramiamidade.gov Kate Davis, Katendavis-environmental.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. July 6, 2018 Clerk Date Enclosures: Revised Permit Sketches, 8 pages 4�Z B a pl.o INDEX OF DRAWINGS a ► ,�, SHEET DESCRIPTION 81 COVER SHEET AND INDEX OF DRAWINGS U GULF OF MEXICO O g ,�, 2 AERIAL MAP N LOCATION OF < < a Permit Number 7 3 PROPERTY LIMITS PROJECT BEACH 50-0200989-013-EM 4 EXISTING CONDITIONS 1V5 PROPOSED DOCK LAYOUT I 9d . "... i '' �f' w `1:I .1,,_:' C 6 SECTION A i I /' 11+ 3 7 SECTION B iti A Q U A ? r r R l3 s RVE 0 S 0 If « iiiaii iii v 4 ( 8 SPECIFICATIONS ! ,, . i*P 4t `jam y �� t , 11 —� �,tAt✓'i��7[1�i INSET �j�qqND 4 �� if V 1jv .y■■ t N I- I • . dAilf 1 ,... lig 1,:tivie. • : iiiiiit‘ ' _ .�_ I�,.a`;r� .+,� {E. f;rl3s „�! SB YNE �suHscr RNreol-DR. 20 5T.v. u Viral ill ii4`--.. ,-4-e- 4 7 '- 1 ._-_,----.._---._. 2 >- , sT. 'g3 : . h ,1 "—Male&WE S ,1 n w..,/ .,. , IIIIk..., ......oo, , *it, , 6 �� PI.sr. 11 v.neUa.�!Isla (III'Ir. I • --- c 6 ,�r � 1;4 —1 PROJECT SITE le ST C31 qi, - :' i ii! �>.3.toil _ 4r BELLE ISLE D� 1I_ - 1 �Y.sem ► ,,�r �rrciLyJ % [fig] �0' •,''i a. e ) ..A.,.... farsemir snip „ m) i N .., r_lval T :■�'1 e > , III -- ItAk d E i� j�j ;., T!" I LINCOLN 2� L I 'if it REIN IIM .. <?. 11 It 1!Illii N ® L. L 9. VICINITY MAP LOCATION MAP JUN 2018 ORIGINAL SHEET-ANSI A NTS ' NTS 215810677 ENGINEER OF RECORD: Gent/Project `U1T'tuNpNy 3 ``�� gRCNCNYM�'�� CITY OF MIAMI BEACH ,1 5 Stantec :,.,CE N s f'..!. �� MAURICE GIBBS PARK f .;-Z.'' se NON-MOTORIZED DOCK i 901 Ponce de Leon Boulevard,Suite 900 ..LI r. u :¢ Figure No. r Coral Gables,FL = : :Luz 1 a z-,; Alt OF :w= PH: (305)445-2900 "-.- .^L o^`.•N•• Title LOCATION MAP/ s- www.stantec.com °#Z s;oNr�t,•.. ?.°-1Certificate of Authorization No.27013 1u� 11j11 Q 06/04/2018f ADJUST LOCATION PER AS-BUILT INDEX OF SHEETS CHRIS E.BROCKMEIER,P.E. 01/03/2018 j' PERMITTING COMMENTS UPDATE FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION N BISCA i liallk .3 jµ ry r PF . • ` . ` a k i t r BA" ;+ t..> 'Or + !' DI LIDO _ . ,. ISLAND • . 7. .. .A ,.+�► r '.,...1 4":-i. . d '44 > d 1“.1114'' z.1 c,i;�T CONVENTION R V ALTO • r .111 1 . o r�r1 , �1 >.'.'�}��`,�r ^' ' ° CENTER . r ,,, ISLAND PROJECT SIT - it,: 7 c 4 �ii . 0, mb 1 -, p r ..�m•., I + s,. r� . ` _ BELLE «.:-,,,. .,.. .1. ,r' 4. I ,<, ISLAND " ,i"�`r Rei -` �n: - fit, 17TH STI ,., . - z 1. . ti >r� L. i R M1s a 1,,�rr c, , �, N 2 R cox 0-4 .14,— .:. #1XM- :a+ 3r •'� • - i - - I j F�, t � , ,"K>x `')1-'' '+ '1 ,? .7.11•1- ' Q U a • + r. b , I- _ �,'P u T t i+r2,,,,_ w 3 ,... *,:,„:24",#iz*.xr•. .v.. t r 88.41;H+ f tY ,I. Ilt r'3 • 7, r« fl x+q rrY✓<r t' � ++ l i �J'�,^a.► I► i .� .1 d 1� t< Ir t: s., 9 _-1 1' 41.2=U X _ "1 s } "� .i 'i -, _ • ' .. ,„7.4:-.1-11,-.:„, 4�`i .ral +cv r.. ♦ La, .' '"` �.7)i,g„ ,31 V • .40 vN n., • .0t44. II-s .k I/n I I dti mum z t e) i+ d •a i .«t r a...-:. pi I�•e?+ • LIE silt*�, �• FLAGLER a `.4.� a 3,iii"' ` -1 s sa• .r+ r '', MEMORIAL o .r • 12:11.,t S I. ISLAND Q , H /0, .r M 41. Iryp .1�,y��dt�I i@ M1 Irl fard li rs. .4{. \L AERIAL MAP JUN 2018 griummiiii ORIGINAL SHEET-ANSI A NTS 215810677 ENGINEER OF RECORD: Client/Project Stantec ....„,...A.,........„,„,````+1.1..."y!4, , 5U-��Zt�t��x�)-t)l 3-l.Nt CITY OF MIAMI BEACH 4 `,a.� �RUCKM�.,�, .,y;;vis •,,'<�,�y� ‘ ,� MAURICE GIBBS PARK v' s9 NON-MOTORIZED DOCK 901 Ponce de Leon Boulevard,Suite 900 r. : Figure No. 6¢, Southeast t)ish•iet 9 Coral Gables, FL O w? 14:A4 2 . n: ATE F PH: (305) 445 2900 'so • F ..,V.`...\:` V1 �7� t O PSai!\ .157 Title AERIAL MAP www.stantec.com °��Ss,oivr��;`.•�`a � � 5ja .+.111111 a Certificate of Authorization No.27013 JuNQ,,4 2qp, , CHRIS E.BROCKMEIER,P.E. 131/0320 HI/Q�,M17', ; : T":JPEA DATE DESCRI• FLORIDA REGISTERED ENGINEER NO.56859 ��— \\ // I I l' 1- ,/ ' 4 _--- ..m....=.k ^ r * NM 0. ( \ • � t - `N 88-00.15" E—..„......„,:,,,-,-. i -- � . 107.98' (C) ' 0 ' .• � \\`\,\ • .O 1 0to ltld.15' (N) \� y '\ �0 ,\\ \\. �� 'x KlVVU x x U-j-` �$x\ /---fao r < ,. ,. • \ ' U O SIS _ ., ,.„ 0 1 \ A 1) '4 w. , x . . , , ). :, —V. _ O •ir,al I (•i �� t► O x Tia 1amr. i '� sof t� , Vis.- e `—qa�)' !'\ , 89 ,. y�4-, (-8'i PROJECT SITE _. C), N 00' '14" E (D) ——,�, N795.01'01' 3(C)w796.78 (0),04 795.80' (U • \ ' • z® • 796'(WATERFRONT) • 0 50• 100• \ . / • • \ / BISCAYNE p NBAY SUBMERGED LANDS _`�' O r ....5.1C--------":•••.....N „..\\H„. PER DEED NO.25150(2329-13).M.D.C.R. r 1a1,7as SO.FIA.L4 ACRES) �r (NOT SURVEYED) / 4. O( PROPERTY la S ORIGINAL SHEET-ANSI A I 1'-lar �� JUN T018 � 215810677 ENGINEER OF RECORD: ``�''`''gBod:'4� 50-0200089-013-EM ` tNenr/Projecr 5 Sta ntec ,,...z,,..„.....„,,,,,f'.. FCITY OF MIAMI BEACH � � PO MAURICE GIBBS PARK i zse. , yo < NON MOTORIZED DOCK 901 Ponce de Leon Boulevard,Suite 900 Su p Southeast District O Figure No. Coral Gables,FL = 'w= r y A PH: 305 445-2900 s'' etc o A / Tine 3 . ? p1, PROPERTY LIMITS �� www.stantec.com ,.,..5� UN•A-...'� '1r Certificate of Authorization No.27013 Juu�{,gyp, / O o Q CHRIS E.BROCKMEIER.P.E. 01/03/2018 A PERMITTING CO 7SaPdTIV ,_, a i FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION 44- PK&D I I A�PHALII V ,� / ' / o >a ��MLP • K&S TRAV PT CB 1111091 Ali V` EB EL=2.397' ( ( FLAG"POLE �x �.{ CONC MLP M B0�- EB CONC BASE WALK I a ' BOL BOL 8' BENCH GRAr, .,..- SS _ POST ` . MLP GRASS o V. •i CRASS ,� ', •,v •` HEDGES:. : ::: 1 (1EXIST SEAWALL �WM EXISTING SEAWALL „� % ,•CONC •o' HEDGE 46 30"•PVC (:,t ---1,742.1.-- ems" �" �Q • :( � I� � CONC WALKWAY' EXISTING SEAWALL 8' BENCH 3 -. .[ier 4.4„•. • , • • Va I_ ' -- `L• -•—• P� -- --- --- ------- —! 10 Y . ` GRASS . iiii. .‘, . ,W� • t8"PVC WOOD . WOOD * ) ,� r (,C p « OUTFALL PILJNG PILING._ �i •n f� ( 1 (-1 _1 /1` 14, OD ' , POSY W/TIDETO BE MF G'TE'� TO BE 1 ---(--� IST REIJOVED• REMOVED ) CONC. TOP-0.78 74"x30" ' /k"t1 --•'''-/ I RIP RAP CIT RAMP • ° OUTFALL BOX IL Wood W/MANATEE CULVERT I" • 1i�1 I `\ . POST GRATE OUTFALL 111 - \ �- • INV=(_2.37) MANATEEWI \� Z Eill;3) • ----------- GRATE / _--.._(""'8)------.,...____-- o WOOD , ' WOOD INV-(-2.37)TE POST ••o POST WOOD • • ....-------- DECK �,9) I O t 5' 30' z WOOD . 0o. POST 17`81 '- I, WOOD • ��(_ 0I I PROJECT SITE )00 • o. POST BOAT I o BOAT I (-y) )ST g LIFT(1) of `uFT(2) -.._. • . ' WOOD Util z :`.,-, 0 POST V` �• MLP 11)-"`"._—__F__ ""^ _�..` .. )-- —.—________ i-- \/ ; : .' �_.� WOOD ... WOOD BOAT I 1-- -1. POST l POST LIFT(3) MLPMLP L J IND \ • • EXISTING CONCRETE •V of $ND SEAGRASS �� 1 O e SPOT SHOT G CONDITIONS CO1, EOEVATIO S S REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. ,UN 2018 ORIGINALSHEEf-ANSIA •� I omit 1Vinnbcr 215810677 ENGINEER OF RECORD: A ,"NwMMMgII C"1 Client/Project 4 5 Sta ntec :`..````�••eR,,,,, ,... SO-0200089-013-EM CITY OF MIAMI BEACH :y:' ENsf"••;..o • MV MAURICE GIBBS PARK uQ 4 SS r. ► NON MOTORIZED DOCK 901 Ponce de Leon Boulevard,Suite 900 a*, IV . a Southeast District0 Figure No. Coral Gables,Fl 1 - .• of w r y 4 PH: (305) 445-2900 ',0'••R X311 t oft, * d' O rale '••`.."� •.• s. EXISTING CONDITIONS b www.stantec.com Ju ��iNiis O' t ti �� Certificate of Authorization No.27013 >3 CHRIS E.B OCKMEIER,P.E. 01/03/ . PE- 1 IN{O�C Nj8 UP. FLORIDA REGISTERED ENGINEER NO.56859 DATE P.•M. ' •I� I• -- - - b BLN N r J - ® ALUMINUM PIPE GUIDE RAIL W/ /1 • ML\ HANDRAIL FOOT INDEX 00870 CB # 1t� fa ' Z(...il (BOTH SIDES OF STAIRS) FLAG POLE 1 �,� CONC ( EB CONC BASE Riql ,r, .+WALK MLP 4.. 1 0 15' 30' NEW 12'0 MOORING ♦ R' acnlru-. I ° GRASS ,,(� PILE W/TIMBERGUARD p R;� O1 ALUMINUM PEDESTRIAN RAILING HEDGE # �4 GRASS (TYP) 'v WM R... evil) INDEX 00862 WI HANDRAIL BOTH ��pp SIDES OF RAMP Tj OF • . HEDGE U qt., TOPENING IN S+EAWALL AND • GONC U ` ' , �� ;� �4 CONCRETE CAP(EXIST) —-- EXISTING CONCRETE SEAWALL CAP. ) PROPERTY LINE CONC'W11' �'• D .WALL PANELS AND PILINGS BELOW g l "—MINIM - �� STAIRS'Ill '�"� � TOP OF WALL 5.70 • uuv n PL --- �- .-� .� N t►l LL � �. I!® �� ,� / GRASS 77.------44- I I :) _' pr's_ ,�11. '1111 ‘111(`'''. 4., 8' 4' 1 ) 1 - '- -JI- _._ ' PROPOSED 6'x30'ADA j I ALUMINUM GANGWAY W/ TRANSITION PLATE to Permit Number j l ® RIP RAP Q 7 . �i" '! ' , PROPOSED 14'x14' l'" I 4 / CONCRETE PILE(TYP) l CONCRETE FLOATING WALKWAY W/ w 12'0 PILE W/TIMBERGUARD 50-0200089-013-EM �� ADA COMPLIANT EDGE PROTECTION (NP) 1 - _:.*; (3)NON-MOTORIZED A O Y = -1 14' SEAGRASS / VESSEL LAUNCH(TYP) p Southeast District o c. , w "I,; i1; z,' �� o NON-MOTORIZED Ii1f1� d` / BOAT o BOAT 8 yf a O� ,y uFTO) -LIFT(2) 6 VESSEL LAUNCH .--...k. .. AREA W/ADA gr • COMPLIANT EDGE II-1/4T1111 `* et �O z PROTECTION ) i! I�-z~--T—//c �,� ° $Z v Z s MLP ;1;_ _ �6 ,Atr,-- j w l I T ._ BOAT w +I i t I LIFT(3) M o . o )) , ' Z2 CO .`• • 50' • ' '- 'idar 6' t FLOATING AREAS o FLOATING CONCRETE 1,334 SF POLICE to I le VINIM11111 1-ADA NON-MOTORIZED DOCK N VESSEL LAUNCH W/ADA WALKWAY NON-MOTORIZED 575 SF 1 (RESTRICTED TRANSFER PACKAGE _ _ ___ _ (PVC DECK BOARDS) VESSEL LAUNCH(PVC ACCESS) -PROPOSED 67C12' X DECK BOARDS) ALUMINUM GANGWAY m GANGWAYS 189 SF CONCRETE ,L(ALUMINUM) FLOATING TOTAL ;2,098 SF A I WALKWAY P �� PROPOSED SPOT ELEVATION PROPOSED DOCK LAYOUT 0 NOTE: JUN 2018 1'' ELEVATIONS SHOWN REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. ORIGINAL SHEET-ANSI A 215810677 I ENGINEER OF RECORD: Client/Project 1. Sta ntec '"" "'' �.``'"t>HUCk��..,- CITY OF MIAMI BEACH t Ci ,.. - N-- 4>?'�' MAURICEGIBBSPARK te - f . .: 1.2.%-.. se NON-MOTORIZED DOCK 901 Ponce de Leon Boulevard,Suite 900 ' t Figure No. g Coral Gables,Fl tet; ,„It oo w? 5 •�e; mle PH: (305)445-2900 `'sZ".,,.'•.'. D" �'•;�` PROPOSED DOCK LAYOUT s www.stantec.com ''',� S��dN - hCertificate of Authorization No.27013 JuajE 4,248 06/04/2018 / ADJUST LOCATION PER AS-BUILT j\ CHRIS E.BROCKMEIER,P.E. 01/03/2018!11 PERMITTING COMMENTS UPDATE FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION PROPOSED ALUMINUM PEDESTRIAN RAILING PER FOOT INDEX 862 • _� PROPOSED 12'0 - -"_"`_" - - PROPOSED 14'x 14' I.. - --•--„ PROPOSED 14 x 14' ._._.__..__. - CONC.PILE(TYP.) WOOD PILE W/ 15 AD CONC.PILE(TYP.) --__._ FOOT PROPOSED 8X30' _�__ __— - _. r _ M — _ TIMBERGUARD(TYP.) GRAVITY ALUMINUM ___ WALL - PROPOSED FLOATING'"-"--""1 T SOD ALL GANGWAY W/ _ ... "TOP OFCONC.PILE -----__ ________._...__ __...�• TOP 5.70 CONCRETE WALKWAY DISTURBED - ( ) TRANSITION PLATE V`oi1 , -,rt -W/ADA COMPLIANT .._."' PROPOSED I2'0 ...^•- - 1 * -r---- WALL AREAS '- I "' "' - EDGE PROTECTION -"` WOOD PILE W/ ---� _. EXISTING --.- _ 10. SEAWALL :41"1 ' ELEV=+2.16 t .4 -i) - -� I TIMBERGUARD(TYP.) " a �`� PROPOSED 6'X 12' : �'-' _ CAP .. .. _ . -.�. ,il- .. � ; Z �at _ t TOP OF WOOD PILE ELEV=e. ADA ALUMINUM GANGWAY00 i . .__..___. s _ TRANSITION PLATE 0 t ._ -^_-_ • F ti�li I _.—_- 0— MEAN HIGH WATER+0.18 Y T___ ..__ .__ ` -MEAN LOW WATER-1.89 - P _. y VI �.. .. ~ ----PII'; _ won- — 1 -- -LES .. `` r LU III V( I ---►�_ BA_veorr _ —_. — — — 15 _._ 1 1M: . EXISTING CONTINUOUS HINGE W/ O SECTION A SEE SHEET 7 FOR TRANSITION PLATE DETAIL SEAWALL 1 1/2"SCH.80 HINGE PIN RIBBED 1 1•=taR.1-1a. DECKING NOTE: THE USE OF NON-ENCAPSULATED *' IIME IN 1 POLYSTYRENE FOR FLOTATION IS PROHIBITED BY DADE COUNTY • •••• ORDINANCE. ALL POLYSTYRENE ' 1 , o F $A, FLOTATION USED FOR FLOATING � ..' �l CONCRETE WALKWAY OR 314'x4'STAINLESS STEEL .• ">• i NON-MOTORIZED VEHICLE LAUNCH WEDGE ANCHORS,12"O.C. .• .' •'• 5"E'CHANNEL ; 0A- AREA SHALL BE FULLY ENCAPSULATED. BEGIN 1.9'FROM EDGE OF 4.. . t....::.`.1. -I 01 PLATE AND LOCATE UPPER '• -^-^�-^J BOLTS MIDWAY ON LOWER ,. BOLTS 1 6'HIGH 3/8'THICK STAINL •S�l4 , A STEEL ANCHOR PLATE ; Permit Number NOTE. 1 GANGWAYANCHOR PLATE DETAI S`° 1® ELEVA'10 yS OWN REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988. 0 1118 $S -0200089-0I3-EM C JUN 2018 --_ 215810677 ENGINEER OF RECORD: I 13:91 Client/Project``„�`��gPOcK4,4q� P CITY OF MIAMI BEACH 4 5 Stantec Southeast Dist ict .y:\GFN�F'•;c,:, ... MAURICE GIBBS PARK 1 - Q-. d► , NON-MOTORIZED DOCK 901 Ponce de Leon Boulevard,Suite 900 ?�: 0 5e - 0 -f; ;¢ 44. Figure No. g Coral Gables,Fl ^-%1.• of ;W a► o� 6 �i PH: (305) 445-2900 :s�. �Yt�oN-....,, W.In Title v�ww.stantec.Com �•'•o;s's; Ni �;`•`' ar Z SECTION A •,,,rlr1:41.:'.2 p Certificate of Authorization No.27013 JusLaZ 18 06/0./2018 G ADJUST LOCATION PER AS-BUILT ' CHRIS E.BROCKMEIER.P.E. 01/03/2018/ PERMITTING COMMENTS UPDATE FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION I PROPOSED FLOATING CONCRETE WALKWAY I _. __. _._. -. I__� __._._..._ EXISTING SEAWALL W/ADA COMPLIANT EDGE PROTECTION __ ____ TOP OF NON-MOTORIZED - - ! -- - PROPOSED 14"x 14 (BEHIND) ELEV=+2.16 I CONC.PILE P --- VESSEL LAUNCH PLATFORM 1 .--- _ �_ .�_-_._.__.__.___ __._._ W/ADA COMPLANT EDGE 15 . PROPOSED 6'x30'ADA TOP OF CONC.PILE _____1_ WAD PILE(TYP.) PROTECTION AND ADA 15 ALUMINUM GANGWAY ,ELEV=14.00 i� PROPS TRANSFER PACKAGE(PVC I W/TRANSITION PLATE- 1�. .,;"4.. -. ♦I „R _ __ PROPOSED 6'x12'ADA CK BOARDS) ELE . _. -. _..j.. -.. -.. __ `V _ WI TIMBERGUARD 4._._. __._. ALUMINUM GANGWAY V=+1.16 r W/TRANSITION PLATE [..,10 ` '4__ _ 10 ,1 .—___..�.__. '\1 \`_. .,t ._ _.�...__ ..-©-- TOP OF WOOD PILE T - >- ...,�4, .�.____ - i - ._� _ , G _0.. r. t ELEV=+8.00 .. __ __ -._._ _._.. _ _.R). `` _. -TOP OF SEAWALL _ 5 `1� iS 1 endar 5.70 *I •+e t'6-1 -R .. r�,.r_ p_ .. :.4, 5 .., . .„,,,,....:....,.„: .. ..,:„...., ___. MEANHIGH _ ._. _ __ ___ - _ __ _ gir\h, _w TOPOFDECKING "_-...._... WATER+0.16 �__. ... ___ _._� _ !...._ E =+ .. o.�MEANLOW 1 - .__ __. _O._. — _- -� a WATER-1. _ _._ .� _.-....._,. �).�_____—- -s -_ - ---__ - - _ -5 ...___._.. .. _ _.�.._._..._. ...__TI4. .....� s __ ._-- __._—____--_._.._ _. 4 __—._._ _ -15 1 L 1 _ . -15 5""E"CHANNEL O SECTION B SEE SHEET 6 FOR GANGWAY ANCHOR PLATE DETAILS 7- 1/4"TREAD PLATE RAMP DIBBEN DECKING I,1=10r ' (18"STANDARD) ' NOTE: THE USE OF NON-ENCAPSULATED POLYSTYRENE ' FOR FLOTATION IS PROHIBITED BY DADE 1 0$ $N ` t COUNTY ORDINANCE. ALL POLYSTYRENE 3/4"x 3" 1/`'t1 1 FLOTATION USED FOR FLOATING DOCK OR FLAT BAR , �O NON-MOTORIZED VEHICLE LAUNCH AREA SHALL 1 BE FULLY ENCAPSULATED. 2 r 1 1/4"x 1 7/8" 1/2"DIA.x 9" - �4 ----- Q CHANNEL 1/2"ROD W/ UHMW CLIP ROLLER(2 '# REQUIRED) 4 `y TRANSITION PLATE DETAILIii ;® Permit Number A , ellHIS Q NOTE. 7 JUN 2018 ORIGINAL SHEET —' ELEVATIONS SHOWN REFS TO tA-NORTH AMERICAN VERTICAL DATUM OF 1988. 215810677 50-02011089-113-EM ENGINEER OF RECORD: Client/Project LN,uInh� isv 5 Sta me c • gPOCK"...•q� 1 ki CITY OF MIAMI BEACH `.�e�r, \��NSF F��,y•.,� 0 MAURICE GIBBS PARK ▪ '••• , se • • p Southeast District NON-MOTORIZED DOCK 901 Ponce de Leon Boulevard,Suite 900 ,r," = ok ti' Z ▪«" :CC= la Figure No. g Coral Gables,Fl .A,, rte �F ac O y 7 PH: (305) 445-2900 so,�Fi �/• `. ?d 4 Title F °".' ��,, ° SECTION B Em www.stantec.com .................14..` "*0 Certificate of Authorization No.27013 JuwE•412.018 08/04/2018 ADJUST L• •. PIAS$UII&I S CHRIS E.BROCKMEIER,P.E. 01/03/2018 1' PERMITTING COMMENTS UPDATE FLORIDA REGISTERED ENGINEER NO.56859 DATE DESCRIPTION NOTES 4. ALL CONCRETE TESTING SHALL BE DONE UNDER THE GUIDANCE OF 3. THE HANDRAIL PORTION OF THE HANDRAILS SHALL NOT BE LESS THAN 1 PERSONNEL CERTIFIED IN ACCORDANCE WITH NATIONAL READY MIX QUARTER INCHES NOR MORE THAN 2 INCHES IN CROSS-SECTIONAL 1. THE USE OF NON-ENCAPSULATED POLYSTYRENE FOR FLOTATION IS CONCRETE ASSOCIATION GUIDELINES,ALL CONCRETE TESTING DIMENSION,OR THE SHAPE SHALL PROVIDE AN EQUIVALENT GRIPPING PROHIBITED BY DADE COUNTY ORDINANCE.ALL POLYSTYRENE METHODS SHALL BE DONE IN ACCORDANCE WITH THE RESPECTIVE SURFACE.THE HANDGRIP PORTION OF THE HANDRAILS SHALL HAVE A FLOTATION USED FOR FLOATING CONCRETE WALKWAY OR ASTM SPECIFICATIONS AND PROVIDED PRIOR TO SHIPMENT. SMOOTH SURFACE WITH NO SHARP CORNERS.A MINIMUM OF 1-12 NON-MOTORIZED VEHICLE LAUNCH AREA SHALL BE FULLY 5. FLOAT MODULES SHALL HAVE A MINIMUM DECK THICKNESS OF 2'AND A INCHES CLEARANCE SHALL BE PROVIDED BETWEEN THE GANGWAY ENCAPSULATED. MINIMUM SIDEWALL AND END WALL THICKNESS OF 1-12'AND A BOTTOM TRUSS AND THE BACKSIDE OF THE HANDGRIP PORTION. 2. ELEVATIONS SHOWN REFER TO THE NORTH AMERICAN VERTICAL THICKNESS OF 1-14'. 4. GANGWAY DECKING SHALL BE SLIP AND SKID RESISTANT AND MADE DATUM OF 1988. 6. WALKING SURFACE OF CONCRETE FLOATS SHALL BE LEVEL AND FLUSH FROM ALUMINUM OR OTHER MARINE GRADE MATERIAL APPROPRIATE 3. THE CONTRACTOR SHALL FURNISH ALL TOOLS,EQUIPMENT,MATERIALS WITH RESPECT TO THE ADJACENT FLOATS. TO THIS USE.SAMPLES AND/OR CATALOG CUT SHEETS SHALL BE AND SUPPLIES AND SHALL PERFORM ALL LABOR,SUPERVISION, 7. FLOATS SHALL BE DESIGNED TO FLOAT LEVEL UNDER DEAD LOAD ONLY. PROVIDED FOR APPROVAL PRIOR TO FABRICATION.METHOD OF FABRICATION,ASSEMBLY.AND INSTALLATION OF A COMPLETE THE DECKS SHALL BE WITHIN THE FOLLOWING MINIMUM TOLERANCES SECURING THE DECKING PRODUCT TO THE RAMP FRAME SHALL BE CONCRETE FLOAT SYSTEM AND NON-MOTORIZED CRAFT LAUNCH DOCK OF BEING LEVEL: DESCRIBED AND APPROVED PRIOR TO FABRICATION. WITH ADA ACCESSIBLE GANGWAYS.THE CONTRACTOR SHALL FURNISH • MAXIMUM TRANSVERSE SLOPE:ONE INCH PER TEN FEET 5. FULL WIDTH,HINGED TRANSITION PLATES SHALL BE PROVIDED AT BOTH COMPLETE PRODUCT SHOP DRAWINGS AND CALCULATIONS FOR • MAXIMUM LONGITUDINAL SLOPE:ONE INCH PER TEN FEET ENDS OF THE RAMP.THE LENGTH OF BOTH SHALL BE LONG ENOUGH TO APPROVAL TO THE OWNER.DRAWINGS AND CALCULATIONS SHALL BE 9. GALVANIZED WELDED WIRE FABRICATION USED AS CONCRETE PROVIDE A SLOPE WHICH DOES NOT EXCEED THE MAXIMUM SLOPE OF SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL REINFORCEMENT SHALL BE 2"x2'-14114.WELDED WIRE FABRIC IS THE GANGWAY.THE LEADING EDGE OF EACH TRANSITION PLATE SHALL ENGINEER. REQUIRED IN THE DECK AND BOTTOM SECTIONS WITH A MINIMUM OF 2" BE UHMW THAT HAS BEEN PROFILED TO CREATE NO MORE THAN A 4. THE FOLLOWING NOTES ARE FOR USE AS A GUIDE STANDARD.A RETURN TO THE SIDES AND ENDS,WHERE SPLICING OCCURS,THE QUARTER INCH RISE.TRANSITION PLATES SHALL HAVE ARC-SPRAYED STRUCTURAL ENGINEER OR LICENSED IN FLORIDA SHALL PREPARE OVERLAP SHALL BE A MINIMUM OF FOUR(4)INCHES.GALVANIZED WIRE "THERMION'CERAMIC CORE TH604 ANTI-SKID ALUMINUM GARNET CALCULATIONS AND STRUCTURAL DRAWINGS AS PER FLORIDA MESH SHALL MEET ASTM A-185,REINFORCING STEEL BARS SHALL BE TRACTION COATING. BUILDING CODE(FBC)WITH SUBMITTAL.THE DESIGN SHALL PROVIDE A GRADE 60,CONFORM TO ASTM 615 AND SHALL BE EPDXY COATED IN 6. THE GANGWAY SHALL BE SUPPLIED WITH TWO SOLID UHMW ROLLERS FLOATING CONCRETE WALKWAY AND NON-MOTORIZED VESSEL LAUNCH ACCORDANCE WITH ASTM A775. OR UHMW SKID SHOES.ROLLERS SHALL HAVE A SOLID STAINLESS AXLE. WITH ADA TRANSFER PACKAGE. ROLLERS,AXLES AND SKID SHOES SHALL BE DESIGNED TO EXPANDED POLYSTYRENE CORE(EPS) ACCOMMODATE ALL LOADS TO RAMPS AND ANY JOB SPECIFIC WOOD PILING REQUIREMENTS. 1. CLOSED CELL EXPANDED POLYSTYRENE CORE USED INSIDE THE 7. ROLLER/SKID SHOE TRACKS SHALL BE PROVIDED READY TO INSTALL TO 1. WOOD PILES SHALL BE 12'DIAMETER PILING TREATED WITH CCA TO 2.5, CONCRETE SHELL SHALL MEET FEDERAL SPECIFICATION C,578-85.THE THE FLOAT SURFACE.THESE GUIDE TRACKS SHALL BE LONG ENOUGH DRIVEN WITH 15 TONS MIN.BEARING CAPACITY. EXPANDED POLYSTYRENE CORE MUST BE FULLY ENCAPSULATED WITH TO ALLOW FOR FULL LONGITUDINAL MOVEMENT THROUGH ALL WATER 2. PILES SHALL BE DRIVEN TO REQUIRED CAPACITY A MINIMUM OF 6'INTO CONCRETE(ALL SIX SIDES).OR ENCAPSULATED WITH CONCRETE TOP ELEVATION CHANGES.THE GUIDE TRACKS SHALL RESTRICT ANY ROCK OR A MINIMUM OF 1Z INTO YIELDING MATERIAL WHERE HIGH AND SIDES WITH POLYUREA(RHINO-LINER OR EQUAL)AT THE BOTTOM. LATERAL MOVEMENT OF THE GANGWAY AT THE LANDING. RESISTANCE SUBSTRATE IS ENCOUNTERED. 2. THE FOAM SHALL WEIGHT BETWEEN 0.95 AND 1.10 POUNDS PER CUBIC 8. ALL STRUCTURAL ALUMINUM,INCLUDING TUBES,PLATES,ANGLES,AND 3. PILE DRIVING OPERATIONS SHALL BE OBSERVED BY A SPECIAL FOOT.EPS TO HAVE A MAXIMUM ABSORPTION OF THREE(3)PERCENT PIPE SHALL BE ALLOY 6061-T6 PER ASTM B308.ALL BOLTS SHALL BE INSPECTOR TO DETERMINE THE PROPER PILING LENGTH TO MEET BY VOLUME AS TESTED BY ASTM C-272. STAINLESS STEEL APPROPRIATE FOR USE WITH ALUMINUM IN MARINE DESIGN CRITERIA. 3. THE FOAM CORE SHALL BE HELD IN A TRUE POSITION DURING CASTING ENVIRONMENTS.ISOLATORS SHALL BE USED WHEN CONNECTING 4. PILES SHALL BE DRIVEN WITH NO MORE THAN A114'VARIATION PER WITH AN ALLOWABLE VARIATION OF 1/8'FROM THE DIMENSIONS SHOWN DISSIMILAR METALS. FOOT FROM THE VERTICAL,WITH A MAXIMUM VARIATION OF THE HEAD ON THE SHOP DRAWINGS. 9. ALL STRUCTURAL STEEL SHALL BE ASTM ME,HOT DIPPED GALVANIZED ) OF THE PILE FROM THE POSITION SHOWN ON THE PLANS OF NOT MORE 4. FOAM CORE MAY NOT HAVE MORE THAN TEN(10)PERCENT REGROUND PER ASTM A123 OR A153 AFTER FABRICATION.ALL STEEL BOLTS(IF ) THAN 3'. EPS FOAM MATERIAL.REGROUND FOAM PIECES SHALL NOT EXCEED 3/8 USED)SHALL BE GRADE ASTM A-307,MINIMUM,AND ALSO HOT DIP ) INCH IN DIAMETER. GALVANIZED FINISH. ) CONCRETE PILING 5. FOAM BILLETS WILL HAVE A DIMENSIONAL TOLERANCE OF PLUS OR 10. THE GANGWAY SHALL BE INSTALLED ON THE FLOATING CONCRETE ) MINUS 1/8 INCH.FOAM CORE SHALL BE MADE OF OF NIT MORE THAN WALKWAY AND THE TOE END ADJUSTED AS TO ALLOW THE WALKWAY ) 1. PRECAST CONCRETE PILES SHALL BE 14'X14"PILES WITH 5000 P.S.I.MIN. FOUR LAMINATED SECTIONS,AND NO HORIZONTAL LAMINATIONS MAY SYSTEM FREE MOVEMENT TO TRAVEL THE FULL RANGE OF WATER 1 CONCRETE AND 4-12'DIA.270 K.S.I.ASTM A416 LOW-LAX STRANDS W/ OCCUR IN THE UPPER TEN(10)INCHES OF THE FOAM CORE. LEVELS WITHOUT BINDING OR STRESSING THE GANGWAY OR WALKWAY ) 2-1/2"MINIMUM CONCRETE COVER TO TIES. SYSTEM. ACCESSIBLE GANGWAYS 11. THE GANGWAY ROLLER GUIDE TRACKS SHALL BE ADJUSTED TO SUIT CONCRETE FLOATS THE FULL RANGE OF LATERAL MOVEMENT OF THE ROLLERS AND SHALL 1. GANGWAY DECK AND STRUCTURAL COMPONENTS SHALL BE DESIGNED BE ADEQUATELY SEC ' - •-"1• AY SURFACE AS PER THE 1. SUFFICIENT FLOATATION SHALL BE PROVIDED TO SUPPORT A LIVE LOAD TO SUPPORT THE DEAD LOAD OF THE GANGWAY PLUS UTILITIES AND A GANGWAY MA - TU6FIRIECOMASN , • i OF ONE HUNDRED(100)POUNDS PER SQUARE FOOT OF DECK AREA, UNIFORM LIVE LOAD OF ONE HUNDRED(100)PONDS PER SQUARE FOOT. j 1 WITH A MINIMUM FREEBOARD OF NOT LESS THAN EIGHT(8)INCHES. DECK MATERIAL DESIGNED FOR A CONCENTRATED VERTICAL LOAD OF 4 2. FLOATS SHALL BE CAST IN FORMS WITH A SMOOTH,TRUE SURFACE. THREE HUNDRED(300)POUNDS,DISTRIBUTED OVER ONE SQUARE QA� FLOATS CAST FROM FORMS MORE THAN 12'OUT OF SQUARE FOOT.HANDRAILS SHALL BE DESIGNED FOR A HORIZONTAL LOAD OF 'r (MEASURED DIAGONALLY)SHALL BE REJECTED.FLOATS SHALL BE TWENTY(20)PONDS PER LINEAL FOOT. '�' , MONOLITHIC CASTINGS WITH NO COLD JOINTS IN ANY PART OF THE 2. THE GANGWAY SHALL HAVE CONTINUOUS HANDRAILS ALONG BOTH 'Q' X FLOAT. SIDES OF THE WALKING SURFACE AND SHALL EXTEND A MINIMUM OF e+ I1 3. CONCRETE SHALL HAVE A MINIMUM TENTY-EIGHT(28)DAY ONE FOOT BEYOND THE PRIMARY WALKING SURFACE AT EACH END. `j' L„` COMPRESSIVE STRENGTH OF 4,000 PSI PER ASTM C094.CONCRETE FOR THE TOP OF THE HANDRAILS SHALL NOT BE LESS THAN 34 INCHES NOR J. 9 THE TOP SURFACE OF THE FLOTATION UNITS SHALL CONTAIN MORE THAN 38 INCHES ABOVE THE WALKING SURFACE.THE ENDS '� Permit Number 7 f� POLYPROPYLENE FIBROUS REINFORCEMENT AT A RATE SHALL BE RETURNED INTO THE TRUSS BODY OR TERMINATE WITH NO Q C, RECOMMENDED BY ITS SUPPLIER. SHARP OR CATCHING EDGES. JUN.1 18 ORIGINALSHEEi-ANSIA 50-0200089-013-FI 1 21581 .1/ ENGINEER OF RECORD: Client/Proiecl na 111uuI1q, \ OCKS 1 r (Ni - 901 Ponce de Leon Boulevard,Suite 900 _ : Cr: Figure No. 7 , g Coral Gables,FI %�;; AiE of ,w` ? y 4r $ O� -i PH: (305) 445-2900 '9 `'�= e il vw1/wstantec.com ''��ssitiN��'` '@ Certificate of Authorization No.27013 ��,j'r',+. g 06/O4/2016 ADJUST LOCATION PER AS-BUILT CHRIS E.BROCKMEIER,P.E. `" ti �__ __ __ _ EioRIP9R€yIs?Eat°gN°y ER r9° semDATE DESCRIPTION _ e��_____�� _ _ _ __ _,_, _«____ __ _ _ _ __,_,_, . . , •____;,,,,,,, DEPARTMENT OF THE ARMY ro;t4T 1: JACKSONVILLE DISTRICT CORPS OF ENGINEERS : '%_`,1 9900 SW 107TH AVE.,SUITE 203 , 0 MIAMI,FLORIDA 33176 6y'Jfe1 August 2, 2018 szsrE5 of REPLY TO ATTENTION OF South Branch SAJ-2017-00781(LP-NML) City of Miami Beach 1700 Convention Center Drive Miami Beach FL 33139 To Whom It May Concern: This is in reference to your request for a Department of the Army (DA) permit to perform work in or affecting waters of the United States. If you determine the permit provided is acceptable in its entirety and you have chosen to proceed with the authorized activity, then upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), you are authorized under a Letter of Permission to remove the two (2) existing mooring piles and construct a non-motorized dock/viewing platform structure by installing a 180 square feet (6' x 30') aluminum gangway to a 1,340 square foot"L" shaped concrete floating platform consisting of a (14' x 60') walkway with a (10' x 50') terminal platform; and installing another 72 square foot (6' x 12') aluminum gangway connecting and running parallel with the terminal platform to provide access to an irregularly shaped 570 square foot PVC dock for non- motorized vessel launching. Five (5) 14" x 14" concrete piles and 17 12" wood piles will be installed. Temporary turbidity curtains will be installed and remain in place until all turbidity from construction subsides. at 1700 Purdy Ave. legally described as ISLAND VIEW SUB PB 6-115 LOTS 1 THRU 9 BLK 15 & PARCEL OF SUBMERGED LAND LYG IN BISC BAY WEST OF &ADJ TO ABOVE LOTS TII DEED 25150/2329-13/ CONTAIN 4.4026 AC in Section 33, Township 53 South, Range 42 East; Miami Beach, Miami-Dade County, Florida,.33139. (Folio # 02-3233-012-0390). Geographic Position: Latitude: 25.7926 Longitude: -80.1447 The project must be completed in accordance with the 8 enclosed construction drawings date stamped July 26, 2018, and the general and special conditions which are incorporated in, and'made a part of, the permit. Special Conditions: -2- 1. REPORTING ADDRESS: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address: a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Branch, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176. b. For electronic mail SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2017-00781 (LP-NML) on all submittals. 2. SELF-CERTIFICATION: Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the attached "Self-Certification Statement of Compliance" form (Attached) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the "Self-Certification Statement of Compliance" form. The description of any deviations on the "Self-Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. 3. COMMENCEMENT NOTICE: Within ten (10) days from the date of initiating the authorized work, the Permittee shall provide to the.Corps a written notification of the date of commencement of work authorized by this permit. 4. ASSURANCE OF NAVIGATION AND MAINTENANCE: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 5. TURBIDITY BARRIERS: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend to within 1 foot of the bottom around all work areas-that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the -3- authorized work has been completed and all suspended and erodible materials have been stabilized. Turbidity barriers shall be removed upon stabilization of the work area. 6. POSTING OF PERMIT: The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site. 7. AGENCY CHANGES/APPROVALS: Should any other agency require and/or approve changes to the work authorized or obligated by this permit, the Permittee is advised a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee's responsibility to request a modification of this permit from the Miami Permits Section. The Corps reserves the right to fully evaluate, amend, and approve or deny the request for modification of this permit. 8. CULTURAL RESOURCES/HISTORIC PROPERTIES: a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRNP) or those eligible for inclusion in the NRHP. • b. If during the ground disturbing activities and_construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities,within a 100-meter diameter of the discovery and notify the Corps within the same business day(8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SFIPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non- federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps. -4- d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps. 9. MANATEE CONDITIONS: The Permittee shall comply with the "Standard Manatee Conditions for In-Water Work 2011". 10. SEA TURTLE AND SMALLTOOTH SAWFISH CONDITIONS: The Permittee shall comply with National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions" dated March 23, 2006." 11. PROJECT DRAWINGS:.The project must be completed in accordance with the enclosed construction drawings (pages,1-8), date-stamped by the U.S. Army Corps of Engineers (Corps) on July 26, 2018, and the general and special conditions which are incorporated in, and made a part of, the permit. If the work authorized is not completed on or before August 2, 2023, authorization, if not previously revoked or specifically extended, shall cease and be null and void. Instructions for Objecting to Permit-Terms and Conditions: This letter contains an initial proffered permit for your proposed.project/permit application. If you object to certain terms and conditions contained within the permit, you may request that the permit be modified. Enclosed you will find a Notification of Administrative Appeal Options and Process fact sheet and Request for Appeal (RFA) form. If you choose to object to certain terms and conditions of the permit, you must follow the directions provided in Section 1, Part A and submit the completed RFA form to the letterhead address. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been received by the District office within 60 days of the date of the RFA. Should you decide to submit an RFA form, it must be received at the letterhead address by October 1, 2018. Should you have any questions regarding this letter, please contact the project manager Nicole Liette in writing the letterhead address, by telephone at 305-779-6051, or by email at Nicole.m.liette@usace.army.mil. -5- The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty in a friendly and timely manner while working to preserve our environment. We invite you to take a few minutes to visit http://corpsmapu.usace.army.mil/cm apex/f?p=regulatory survey and complete our automated Customer Service Survey. Your input is appreciated — favorable or otherwise. BY AUTHORITY OF THE SECRETARY OF THE ARMY: for Jason A. Kirk, P.E. Colonel, U.S. Army District Commander Enclosures cc: CESAJ-RE-M (Requires a Consent-to-Easement memo) CESAJ-RD-PE (w/ enclosures) 1 REQUEST PERMIT TRANSFER: PERMIT NUMBER: SAJ-2017-00781(LP-NML) When the structures or work verified by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, the present permittee and the transferee should sign and date below. This document must then be provided to the U.S. Army Corps of Engineers, Regulatory Division, Post Office Box 4970, Jacksonville, Florida 32232-0019. (TRANSFEREE SIGNATURE) (DATE) (Name - Printed) Lot/Block of site (Street Address) (City, State, and Zip Code) - Flood Plain Information: - This Department of the Army permit does not give absolute authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions. You should contact the local office in your area that issues building permits to determine if your site is located in a flood-prone or floodway area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If your local office cannot-provide you the necessary - information, you may request a flood hazard evaluation of the site by providing this office with a letter and a small scale map showing the location of the site. The request should be addressed to the Chief, Flood Control and Floodplain Management Branch, Jacksonville District, U.S. Army Corps of Engineers, P.O. Box 4970, Jacksonville, Florida 32232-0019. Phone inquiries may be made at 904-232-2515. GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FR DATED 13 NOVEMBER 1986 1. The time limit for completing the work authorized ends on the date noted in the permit letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a_modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued foryour project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. .. ^a; - . a 'R'c y ab T sr 4 x ; .,xfi•v "." '.-'* a y'.t`'Yd ., 'd J, 0 FgA y, h z7e . . r qz ,4 yi at"FS.�. y�i INO;T FIbATiION OFtADMINISTRATIVE AALPPEOIONS PTAND PROCESS AND'i A � Z $ I REQUES'T'FOR APPEAL a �;' A xe r ¢� ; �;, 7L a 's 'tw f� y..ra2 ws ,$i- � � � ,�'" �r $.• �+� '.�# 's,�"j t Applicant: City of Miami Beach I File Number: SAJ-2017-00781 Date:August 2,2018 Attached is: See Section below X INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A PROFFERED PERMIT(Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I The foltowing'identfies your rights andoptions regarding an admmistrattve agpeaf of the above cisi deon Addit onal� "- riformatioh ma tie;found'at htt%'//www:usace.arrti rriillCEGW/Pa'�es/re•a=materials'as•x.;ot.Co •5'�e•ulations°af 33 CFR, '0Part.3Stf:n, A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns, (b)modify the permit to address some of your objections, or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT:You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept t:he permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. .• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice., C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers.Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The.Preliminary JD is not appealable. If you wish, you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTi.ON>IL ,REQUEST FOR:APPEAL or OBJECT.IONSIO N .NITIACPROFFRED RERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) • • • ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses. to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. ?0(.NT,OFCNACTER � STIONSxNFORT1y5av � ;tr€ ' t � . xf K 5%5 � 4.! �sa5=—yet If you have questions regarding this decision you may If you have questions regarding the appeal process you contact: may contact: Jason W. Steele Project Manager as noted in.letter Administrative Appeals Review Officer USACE—South Atlantic Division 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 (404)562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: . Telephone number: Signature of appellant or agent. . ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) • • Florida Department of Stale DIVISION OF CORPORATIONS D.G`liiim4S.i l orgi. 1a ° `�r` yt 1,71 ism unidaf Stae vi rt'rr!':L6 7•uti`siL4e Department of State / Division of Corporations / Search Records I Detail By Document Number/ Detail by Entity Name Florida Profit Corporation KEARNS CONSTRUCTION COMPANY - Filing Information Document Number P01000015810 • FEI/EIN Number 77-0615005 Date Filed 02/12/2001 State FL • Status ACTIVE Last Event REINSTATEMENT Event Date Filed 10/11/2018 Principal Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 Changed: 12/18/2018 Mailing Address 2550 SOUTH BAYSHORE DR, SUITE 206B MIAMI, FL 33133 , Changed: 12/18/2018 Registered Agent Name&Address KUVIN, LOWELLJ 17 EAST FLAGLER STE 223 MIAMI, FL 33131 Name Changed: 10/10/2016 Address Changed:05/23/2011 Officer/Director Detail Name&Address Title CEO KEARNS,CHARLES S 4101 BRAGANZAAVENUE • COCONUT GROVE, FL 33133 Title CFO KEARNS,JOHN Will 4101 BRAGANZAAVENUE COCONUT GROVE, FL 33133 Title COO SULLIVAN, JAMES BJR 22550 SW 147 AVE MIAMI, FL 33170 Annual Reports Report Year Filed Date 2017 02/24/2017 2018 10/11/2018 2019 04/23/2019 Document Images 04/23/2019—ANNUAL REPORT View image in PDF format 10/11/2018—REINSTATEMENT View image in PDF format 02/24/2017—ANNUAL REPORT View image in PDF format 10/10/2016—REINSTATEMENT View image in PDF format ' 01/09/2015—ANNUAL REPORT View image in PDF format ' 03/24/2014—ANNUAL REPORT View image in PDF format . 01/15/2013—ANNUAL REPORT View image in PDF format • 02/14/2012—ANNUAL REPORT View image in,PDF format 05/23/2011-ANNUAL REPORT View image in PDF format 04/26/2011—ANNUAL REPORT View image in PDFformat 09/30/2010—REINSTATEMENT View image in PDF format 03/23/2009—ANNUAL REPORT View image in PDF format • 07/09/2008—ANNUAL REPORT View image in PDF format 05/01/2007—ANNUAL REPORT View image in PDF format 04/27/2006—ANNUAL REPORT View image in PDF format . 04/29/2005—ANNUAL REPORT View image in PDF format 07/20/2004—ANNUAL REPORT View image in PDF format 02/02/2004—ANNUAL REPORT View image in PDF format. 10/20/2003—REINSTATEMENT View image in PDF format 02/27/2002—ANNUAL REPORT View image in PDF format 12/17/2001 Req.Agent Change View image in PDF format 02/12/2001—Domestic Profit View image in PDF format 1 r F!oli•da Department Of State,Ch'I„>n C!CClculatIons KEARNS CONSTRUCTION CO+ CGC 060194 • Cover Page Name of Bidder: Kearns Construction Company Address of Submitting Bidder: 2550 South Bayshore Drive,Suite 206 B, Miami, Florida 33133 Email Address: JKearnsPKearnsConstruciton.com Contract Person: John.Kearns Phone Number: 305 4610310 Cell Number(John Kearns):.305 975 8878 .Fax Number: 305 4610310 Federal Tax Identification Number: 77-0695005. Declaration Regarding Company Organization: Kearns Construction Company is a corporation and registered with the State of Florida. ---"---k Signature of Officer with Authority to Submit Bid: ` John Kearns/CFO-Kearns Construction Company Date of Signature: April 22, 2019 . 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA 33133 • TEL:305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com ' 0 Ce., p KEARNS • CONSTRUCTION CO•CGC 060194 Table of Contents Tab A—identification Page and Table of Contents Tab B—Minimum Qualifications and Submittal Requirements Tab C—Previous Experience and Key Personnel Tab D—Bid Price 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI, FLORIDA. 33133 • TEL:305-461-0310 • FAX: 305-461-1892 •www.kearnsconstruction.dom ‘,‘,7).1) 1 a to AppE,N D ix A Price Form, Bid Tender Form, & Supplements ATTACHMENT A-1 ITB Price Form&Unit Price Breakdown form ATTACHMENT A-2:Bid Tender Form ATTACHMENT A-3:,Supplement to Bid Tender Forrn Contractor Qualification Statement ATTACHMENT A-4 Supplement to Bid Tender Form: Non-Collusion Certificate ATTACHMENT A-5: Supplement to Bid Tender Form: Drug Free Workplace Certification ATTACHMENT A-6:Supplement to Bid Tender Form: Equal Benefits Ordinance ATTACHMENT A-7:Supplement to Bid Tender Form:Trench Safety Act ATTACHMENT A-8:Supplement to Bid Tender Form: Recycled Content Information Failure to submit the attached ITB Price Form shall,render proposal non-responsive, and said non-responsive pro•osai shall not be considered b the Ci BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 53 A-2 City of Miami Beach,Florida 1700 Convention Center Drive MiamiBeach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the.Contract to be entered,into;that this bid is made without connection with any' other person,firm,or parties making a bid; and that it is, in all respects,.made fairly and in good faith.without collusion or fraud. The Bidder further declares that it has examined the site of.the Work and iriforrned itself fully of all conditions pertaining to the place where the Work is tobe done; that it has examined the Contract Documents and alt addenda thereto furnished before the opening of the bids; as acknowledged below;and that it has satisfied itself about the Work to be performed;and all other required information with the bid; and that this bid is submitted,voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials,equipment,machinery,tools,apparatus,means of transportation,and all labor necessary to construct and.complete Within the time limits tpecified the'Work6overed by the Contract Documents for the Project entitled: INVITATION TO BID()TB)No.2019-128-AG MaUrice Gibb Floatinj DoCks The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, provided in the ITB Price Form in Section 00408 and tofurnish the required Certificate(s)of Inturance. In the event of arithmetical errors between the division totals and the total base bid in the, ITS Price.Form,the Bidder agrees that.the total base bid shall govern'. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern absence of totals submitted for any division cost,the City shall interpret as no bid for _ , , _ the division,whicmay disqualify bidder, BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH 56 4FIL • A-2 Acknowledgment is hereby made of the following addenda(identified by number)received since issuance of this Solicitation: ' •ra . Amendment 1 March 11,.2019 Amendment 6: Amendment 2 April 05,2019 Amendment 7: Amendment 3 April 11, 2019 Amendment 8: Amendment 4Elm m. Amendment 9 Amendment:5 Amendment 10 Attached is a Bid Bond II, Cash D. Money Order 0, Unconditional Letter of Credit❑, Treasurer's Check 0, Bank Draft ❑,,Cashier's Check 0,or: Certified Check 0 No. Bank of for the sum of Dollars($ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: John Kearns Address Line 1: 2550 S. Bayshore Drive,Suite 206-B Address Line 2: Miami, FL 33133 Telephone Number: 305.461.0310 E-mail Address: ikeams@kearnsconstruetion.com Social Security Number: OR Federal I.D.Number: 77-0615005 Dun&Bradstreet No.: If a partnership,names and addresses of partners: Ulk (Skin below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) BID NO:2019-128-AGCITY OF M 7MI BEACH MIMMBEACH A- (Type or Print Name Signed Above) z (Sian below if incorporated) Kearns Construction.Company ATTEST: (Type or Print Name of Corporation) 421 Secretary • p Cr., 4- (Signature and Title) -x; h (gQRPQRATE SEAL.) nqJ = John Ws. Kearns (Type or Print Name Signed Above) a-•71t1`;111•." Incorporated under the laws of the State of: .Florida BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 58 A-3 SUPPLEMENT TO BID/TENDER FORM: CONTRACTOR QUALIFICATION STATEMENT THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BiD; HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE. SOLE DISCRETION OF THE CITY. SHALL BE SUBMITTED WITHIN TWO (2) BUSINESS DAYS OF THE CITYS REQUEST. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all. statements and the answers contained herein. 1. Pleaselist:all Licenses, Certifications, and/or-Registrations your organization may possess.. Please also indicate the number of years your organization has been in possession of these' licenses,,certifications,andfarregistrations. LlcenseiCertificatlonf#1Registratlon# #Years CGC060194 fJ. 2. Attach a list of the.Key Personnel, the intended role for this Project, and resumes for each individual. See attached. 3. What businessare you in? Marine Construction 4. Please indicate the last project of similar scope and volume that your• organization has completed and its completion date. Monty's Marina Redevelopment-Prime Marina. 100% Completed since January 2015. 5. Have you ever failed to complete any work awarded to you? if so,where and why? No 6. List owner names, addresses and telephone numbers,and surety and project names,;for all projects for which you have performed work, where your surety has intervened to assist in completion of the project,whether or not a-claim was made. WA 7. References&Past Performance. Bidder shall submit at least three(3)references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. See attached. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) reference%. including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4)Telephone, 5)Contact's Email and 6) Narrative on Scope of Services Provided.. See attached.. BID NO;2019-128-AG CITY OF MiAMI BEACH MIAMI BEACH 59 A-3 8. Attach a list including the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture,list theinformation for all co-venturers): a. Name of Project b. Owner and Point of Contact(Minimum of Phone Number& E-mail Address) c. Original Contract Value d. Current Contract Value e. Projected Date.of Completion per Contract f. Percent(°k):Completion to Date of Bid Submittal 9. Has a representative of the Bidder completely inspected the proposed project and does the ' Bidder have a complete planfor its performance? 611 Yes 0 No 10. State the true,,exact,correct and completename of the partnership,corporation or trade name under which you do business andthe address of the placeof business. (If a corporation,state the name of the president and secretary. If a partnership, state the names of elf partners., If a trade name, state the names of the individuals who do business under the trade name). Additional Sheets may be attached as necessary. A. The correct name of the Bidder is: Kearns Construction Company B. The business is.a:. 0 Sole Proprietorship El Partnership , ® Corporation C. The address of principal place of business is: 2550 S. Bayshore Drive, Suite 206-B, Miami,. FL 33133 D. The harries ofthe corporate officers, or partners, or indiuiduals doing business under a trade name, are as follows: Charles S. Kearns CEO John W. Kearns CFO James"Brock"Sullivan COO BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 60 A-3 E. List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers.' N/A. F. List and describe all bankruptcy'petitions (voluntary.or invofuntary) :which have been fired by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in thedescription the disposition of each such petition. N/A G. List and describe all.successful Performance or Payment Bond claims made to your surety(jes)duringthe last five(5)years. The listanddescriptions should include.claims • against the bond of the Bidder and its predecessororganization(s). N/A H. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s)during the last five(5)years. The list shall include all case names,case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute;and the final outcorne of the claim. Se E' er-i Lt�E X I. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder;its principals or officersor predecessor organization(S)were defendants. N/A BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 61 A-3 J. Has the Bidder, its principals, officers or predecessor organization(s)been debarred or suspended from bidding by any government during the last five(5)years?If yes,:please provide details. No K. Under whatconditions does the Bidder request.Change Orders? & P Safe \ 1 1. L. Provide thenames of all individuals or entities.(including your sub-consultants) with a controlling financial interest and the percentage,,of ownership.. The term 'Controlling financial interest'shall mean the ownership, drectly'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. Charles S. Kearns- 80% John W. Kearns 1.0% James-"Brock" Sullivan 10%. M. Individuals or entities(including,our sub-consultants),with a controlling financial interest: have V have not'contributed tothe campaign either directly or indirectly," of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s)and date(s)Of said contributions and to whom Said contribution was made:: N. Has the Corporation, Officers of the Corporation, Principal Stockholders;. Principals of the Partnership. or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from: performing work for the Federal Government or any State or-Local Government,or subdivision or agency thereof? ❑Yes. 12No O. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? BID NO:2019-126-AG CITY OF MIAMI BEACH MIAMI BEACH 62 DYes ONo A-3 If the answer to either number N or 0 is yes,attach a written detailed ex ,anauon. P. Is the business entity owned by a certified service-disabled veteran, and ora small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and information Technology Act of 2006, and cited in the Database of Veteran-owned Business? DYes EZNo Q. Non-Discrimination. Pursuant to City Ordinance No:201 6-3990, 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 asdefined in Section 2-375(a):of the City Code, including the blacklisting, divesting from, orotherwise refusing to deal with a person orentity-when such action is based on race, color, national origin,religion, sex, intersexuality,,gender identity,sexual orientation, marital or familial status,age Or disability:, SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it Is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.. R. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the.City of Miami Beach,Florida, prohibits official City travel states of NorthCarolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina.and Mississippi. Proposer shall. agree that no travelshall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT; No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375.. S. Fair Chance Requirement.Pursuant to Section 2-376 ofthe 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 fora~in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"),and which, among other--things, (i} prohibits City-contractors,as art employer;. from-inquiring about arr applicant's criminal historyuntilthe applicant is given a conditional offer of employment (ii)prohibits advertising of employment positions with a statement that,an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not applyforthe position. SUBMITTAL REQUIREMENT: No additional submittal is required atthis time.By virtue of executing this affidavit,,Proposer certifies that it has adopted policies, practices and standards consistentwith the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. BID NO:2019-123-AG CITY OF MIAMIMI BEACH Mi BEACH A-3 CONTRACTOR QUALIFICATION STATEMENT VALIDATION: The undersigned certifies that the information provided in this questionnaire iscorrect and accurate. IF PARTNERSHIP: Signature Print Name of Firm. Print Name Address Title: CONTINUED ON FOLLOWING PAGE IF CORPORATION: „ r..-3 Kearns Construction Company Signature Print Name of Corporation John Kearns. 2550 S. Bayshore Drive,.Suite.206-B,Miami,.FL 3313'3 Print.Name Address 1 Title:. CFO • WI SS: 3 Signature Print Name Title: JNM (CORPORATE.SEAL) r ; f '%.7 Attest:. ` r f. Secreta _ BID NO:2019-128-AG CITY OF MIAMI BEACH MIA AIBEACH A-4 SUPPLEMENT TO BID/TENDER FORM: NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE_ Submitted thisp12#i1!day of April ,2019. The undersigned, as Bidder, declares that the only persons interested in this Bidare named herein;that nootherperson hasany interest in this Bid or in the Contract to which this.Bid pertains; that this Bid is made Without connection or arrangement with any other person;and that this Bid is in every respect fair and made in good faith,without collusion or fraud. The Bidder agrees if this Bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the.Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 2019-128-AG. • -‘s. w *..;,,s.e.c, r SIGNATURE John Kearns, PRINTED NAME CFO / cI 6v -.,tv c. 11;1714 00 c- 1 TITLE (IF CORPORATION) f BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying•its employees that the Unlawful manufacture, distribution; dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness;programtoinform its employees about (I) The dangersof drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance:programs;and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in peiformance of the Contract a copy of the statement required by subparagraph(1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1),that as a condition of employment on a covered Contract,theemployee shall: (i) Abide by the terms of the statement;and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five(5)calendar days after such conviction; (5) Notifying the City in writing within ten 00) calendar days after receiving notice under subdivision (4) (ii) above from an employee or otherwise receiving actual notice of such conviction. The notice shall include-the position title of•the:-employee; (6) Within thirty(30)calendar days after receiving notice under subparagraphs(4)of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i} Taking appropriate personnel action against such employee, up for and including termination;or (ii) Requiring such employee to participate satisfactorily'in a drug abuse assistance or rehabilitation program approved for such purposes by a federal,state, or local health, law enforcement,or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1)through(6). BID NO:2019-1280AGCITY OF MIAMI BEACH MIAMI BEACH 66 .-, A-5 SUPPLEMENT TO BID/TENDER FORM: DRUG FREE WORKPLACE CERTIFICATION ,. ..Vj 4... •••,•:- co- i .5 (Bidder;Signature), l Kearns.Construction Company (Print Vendor Name) STATE OF. Florida COUNTY OF Miami=Dade The foregoing instrument was acknowledged before me this 12th day of . April - 2019 , by John W. Kearns as (name of person whose signature isbeing notarized) CFO (title) of Kearns Construction.Company (narne of co'rporatiot company) 15-TannINIVII. to be the person described herein,. or who produced . as identification,and who did/did not take an oath. , i NOTARY PUBLIC: (Signature) Qa.r&t.L t'�A\■ 4v..A j_ - •- -;74.-4,,,c '',.5.7 f (Print Name) .` i 4' .. ' ° 7:' S. - My commission expire . '. D Ctekk.j al '1A LO p • .71 f JAS P } pea- C0111�Ii1011.IRnsrS7 E�1r1ES0ctan20[9 w r= *„ wNlTIflY� BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMiBEACH 67 A-6 SUPPLEMENT TO BID TENDER FORM: EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What it the Intent of the Ordinance? The proposed Ordinance will require Certain contractors dciing business with the-City of Miami Beach,who are awarded a contract pursuant tocompetitive bids,,to provide"Equal Benefits'to their employees with Domestic Partners, as they provide to employees with spouses: 2) How are"Equal Benefits"defined and what kind of"Benefits" doet the Ordinance cover? °Equal Benefits" means that contractors,doing business with the City who are covered by the Ordinance shall be required to provide the same type Of benefits that they offer to employees and their spouses„to employees with Domestic Partners:, The type of"Benefits"defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave;family medical leave, and health'benefits, The"Benefits"defined in the Ordinance are the same typeof benefits that the City provides to DOmestic Partners of City emplayeeS„pursuant tO SectiOn 62-)0C(Of the:City.COciej.. Notwithstanding the definition of"Benefits'in the Ordinance,to comply with the Ordinance a Contractor is not required to provide all the above-described benefits, Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to erriployees With Domestic Partnere._ Additionally,a CoritraCtor WhO Offers no benefits to employees or their spouses, would not be required to offer any benefits to employees. with Domestic Partners (and would still be in compliance:with the Ordinance).) 3). Who is considered,a "Domestic Partner" under the Ordinance? A"Dorneeia Partner shall mean any tWo(2)adUlts Of the taMe or different tot who have registered as domestic partners with a government body-pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least.,one..of the domestic partners. 4) What type of COntractS and/Or which Contractors are covered by the;OrdinanCe? The Ordinance only applies to the following.:: • Competitively bid.City coritracts(bids, RFQ's, RFLl's,etc.), • Contracts-Valued at over$100,000, • Contractors Who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding Calendar year, • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2).the contractor's employees located in the United.States, but outside ofthe City limits,. only if those employees are directly performing work on the City contract(covered by the Ordinance). BID NO:2019-128-AG CITY OF MIAMI BEACH MIAAAI BEACH 68 A-6 5) in what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance(including renewal terms contained in such.contracts); • The City contract is not competitively bid; • The City contract is valued at less than$100,000; • The contractor has less than 51 employees; • The contractor does not provide Benefits either to employees' spouses or to employees'Domestic Partners; • The contractor is a religious organization,. association, .society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization,association or society; • The contractor is another government entity. The following City contracts are not covered by the Ordinance:. • Contracts for sale or lease of City property; • Development,Agreements; • Contracts/grants for CDBG, HOME,SHIP, and Surtax funds'administered by the City's Office of Community Development; • Cultural Arts:Council grants; • Contracts for professional NE, landscape NE, or survey and mapping,services procured pursuant to Chapter 287,055, Florida Statutes ("The Consultants Competitive Negotiation Act'; • Contracts for the procurement of life, health, accident, hospitalization, legal expense,annuity insurance,or any and all other kinds of insurance.for the officers and employees of the City and their dependents,from,a group insurance plan. The Ordinanceprovides, upon written recommendation of the City Manager,that the City Commission may, by 5/7ths vote,waive application of the Ordinance for the following: • Emergency contracts; • Contracts where only one bid response is received;. • Contracts where more than:one bid response is received, but none of the bidders cancomply with the requirements of the Ordinance.. The City's ability to apply the Ordinance may also be:preempted in instances where the Ordinance impacts health,retirement, or pension program which fallwithin the"jurisdiction of the Employee Retirement. Income Security Act (ERISA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shalt notify potential biddersfproposers of the Ordinance and its requirements in the ITB documents; • At the time of entering into the contract with the City,the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefds. plan, which needs to be delivered to the Procurement Director prior to entering into the contract; • The City has the ongoing right to investigate/audit contracts for compliance with the:provisions of the Ordinance; BID NO:2019-128-AG CITY OF M 9Ml BEACH IAM EAC A-6 • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide. Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits,,it canstill comply with the Ordinance by providing an employee with the°Cash Equivalent"of the similar benefits)offered to the contractor's employees and their spouses. 8) What are the penalties for non-compliance? Failure of.a contractor to comply With the requirements Of the Ordinance may result in the following: • Breach/default under the contract; • Terinination.of the:,contract;. • Monies due under the contract may be retained by the.City until compliance is achieved; • Debarment of contractors from City work, as prescribed by`the City Code:. A^, • Balance of Pape lntenfionallyLeft Blank BID NO:2019-128-AG CITY OF MIAMI BEACH J'4[ M1BEACH A-6 MIAMI BEA H DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS section 1.Vendor Information Name of Company: Kearns Construction Company Name of Company.Contact Person: John Kearns Phone Number 305A61.0310 Fax Number 305.461.1892 E-mail::ikearnS©kearriscbtistructiori.corn Vendor Number(if known): Federal ID or Social Security Number 77-0615005 Approximate Numberof ErnproyeeS in the U.S.; 35 (If10 or less,skipto SeCtIOn 4;date and sign) Are any of your employees covered by a Collective bargaining agreement or union trust.fund?' Yes ',No Union name(s): Section 2,Compliance:questions Question 1.Ncindfacrlininatiort-FroteCted closet* A. Does your company agree to not discriminate against your employees, applicants far employment,. employees of the'City,;or members of the public on the basis of the fact or perception of a persons Membership in the CateOprieS,listed below? Please note:a"YES"answer means your company agrees it will not discriminate;A NO answer Means, your company refuses to agree that it will not discriminate. Please answer yes or no to each category. o Race Sex yes._No C:Color Yes- No C Sexual Orientation, eYes. No C Creed Yes No Gender Identity §taliPsY, 7- es_No 0:Religion /Yes:_No , C Derr:este:partner Status a National origin 14e5, No C Mantel status Xes—Na O Ancestry • Yes_No Disabilityee_No 0-Age YesNo 0 AIDS/HIV status çftes-_No' O Height Yes_ND C Weight yes_No B. Does your company agree to insert a similar nondiscrimination provision.in,any subcontract youenter into for the performance of a substantial portion of theOontradt you haveWith the CityZ ease note:you must answer this question,even if you de not intend to enter into any subcontracts. Yes No BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 71 A-6 Question 2.Nondiscrimination-Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at Over $100,000 whose contractors. maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant )competitive bids, to provide "Equal Benefits" to their employees with domestic partners,, as they. provide to employees with spouses.The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but Outside of the City of Miami Beach liMits,who are directly performing work on the contract Within the City Of Beach._ A. Does your company provide or offer access to,any benefits to employees with spouses or to spouses of employees? Z YES NO B. Does your company provide or offer acaess to any benefits.to employees with:(same or opposite sex)domestic partners*Or to domestic partners of employees? YES NO C. Please check ell benefits that apply to your answers above and list lathego:thee'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 ordomestic partner,such as medical insurance: BENEFIT Firm Provides Firm Provides Firm does not. for Employees foe Ertiployee6 Provide Benefit with Spouses with Domestic Pampers Health Sick Leave Family'Medical , -// Leave Bereavement Leave - -V If Proposer cannot offer a benefit tci domestic.partners because of reasons oUtside your contra (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 hisdesignee.APptoval is not guaranteed and the City Manager's decision is final Further information on the Equal Benefits requirement is available at www.miamibeadifloovtorocurenientt BID NO:2019-128-AG CITY OF MIAMI BEACH NAM BEACH 72 A-6 r^•. Section 3.Required.Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 29.Without proper documentation,your company cannot be certified'as complying with the City's Equal Benefits Requirement for Domestic: Partner Ordinance For example,to document medical insurance submit a statement from yourinsurance provider or a copy of the eligibility section of your plan document;to document leave programs,submit a copy of your company's employee handbook. If:documentation for a particular benefitdoes.not:exist,attach anexplanation.. Have you submitted supporting documentation for each.benefit offered? /Yes No Section 4.Executing the Document I declare under'penalty of perjury under the laws of the State or Florida that the foregoing is true and correct, and"that I am authorized to bind this entity contractually.. Executed this 12th day of April in the.year 2019 ,at Miami ,.FL 2550S. BayshOte Drive, Suite 206-B Signature Mailing Address John W. Kearns Miami, FL 33133 Name of Signatory Cityt;:State,ZIP Code CFO Title • BID NO:2019-128 AG CITY OF MIAMI BEACH MIMAIBEAdi 73 _fit Kearns Construction Company 2550 South Bayshore Drive, Suite 206 B Miami, Florida 33133 CGC 060194 Phone: 305-461-0310 Fax:3-05-461-1892 Cell: 305-975-8878 www.KearnsConstruction.com Memo • • Date: April 19,2019 Subject: Employee Benefit Policy/ Kearns Construction Company Maurice Gibbs Floating Dock To: City of Miami Beach From: John Kearns Company: Company: Kearns Construction Co. To Whom It May Concern:. Kearns Construction Company has a employee benefit policy that is based upon"ask and you shall receive". The following are examples of this policy at Kearns Construction Company. 1.In 2014 our tug captain,Peter Coakley,was diagnosed with lung caner. He'came to the Owners and asked for help. Mr.Coakley reported that he did not have the money for the requiredlung.surgery and did not,have heaith,insurance. Kearns Construction Company gave Peter Coa kiey themoney for life saving lung surgery_ In addition,Kearns Construction Company purchased and paid for Obama Care Health Insurance for Mr.Coakley. 2. In 2016 our crane operator,Andy Hernandez,had a domestic dispute and punched a wall at his home. The accident broke multiple fingers in his hand. Mr.Hernandez did not have medical insurance. Kearns Construction Company paidfor the surgery to fix his hand and 100%of.ail medical expenses. • 3. In the last ten years,Kearns Construction Company had two small accidents. One worker broke three ribs. A second worker smashed a finger. In all instances, the employees received 100%of their pay(40 hour per week)without missing any time. This compensation is far greater than what is required by insurance law. 4. In 2018,Jason Gonzalez's wife gave birth to their first son. Reams Construction Company gave Mr.Gonzales two weeks off,with 40 hours paid time and paid$3,000 bonus(after tax compensation). A-6 • MIAMIBEACH REASONABLE MEASURES APPLICATION Declaration:NondisCrimination in Contracts and Benefits Submit this form and supporting documentation to.the City'sProcurement Department ONLY IF you:: A. Have taken all reasonable measures to end discrimination in benefits; B. Are linable tcy doiscc and C. Intend to offer a cash equiValent to employees:for whom equal benefits are not available. You must submit.the following information with this form: 9 The names,,contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring rionditcriminatorybenefitS,, 10 The dates on which such:benefits providers were contacted; 11 Copies of any written response(e)you received from such benefits providers,and if written responses are unavailable,summaries of oral_responses;,and 12 Any other information you feel is relevant to documenting your inability-to end discrimination in benefits,including,but not limited to,reference to federal or state laws which preclude the ending of disCrirninetfon in benefits. I declare(or certify)under penalty of perjury under the laws of the State of Florida that the foregoing Is true and correct and that I am authorized to bind this entity,contractually. KearnsConstrUction Company 2550 & Bayshore Drive, Suite 206-B Name of ConiPanY(please.Print) Mailing Address of Company Miami, FL 33133 Signature City;State,Zip John W. Kearns 305.461.0310 Name of Signatory(please print) Telephone Number CFO 04/12/2019 Title Date BID NO:2019-128-AG CITY OF MIAMI BEACH MIAAA1 BEACH 74 • A-6 Definition of Terms A.Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures • provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits.A determinationthat it is riot possible-for the City Contractor.to end'discrimination in benefits,shall be based upon a consideration of such factors as: 1. The number of benefits providersidentified and contacted, in writing„by the City Contractor, and written documentationfrom these providers that they will not provide equal benefits;; 2. The existence of benefits providers willing to offer equal benefits to the City Contractor and 3. The existence of federal or statelaws which preclude the City Contractor from ending discrimination in benefits. B.Cash Equivalent" "Cash Equivalent"means the amount of money paid to an employee with a Domestic Partner(or spouse, if applicable)in lieu of providing Benefits to the employees'Domestic partner(or spouse,,if applicable).The Cash.Equivalentis equal to the employer'sdirect,expense of providingBenefits:.to an employee for his or her spouse.. Cash Equivalent:The cash-equivalent of the:followingbenefite.apply: A. For bereavement:leave,cash payment for the number of days that would be allowed aspaid: time off for death•.of a.spouse. Cash payment would be in the,form of"wages of the domestic partner employee:for the number of days altowed,- - B. For health benefits,the cost to the Contractor of the Contractor's share-of the single monthly premiums that are being paid for the domestic Partner employee to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself." 5 C. For family medical leave,cash payments for the'number of days that would be<allowed as:time off for an.employee to care for a spouse,thathas a serious health condition:.Cash payment 'would be in the form of wages; of the domestic partner employee for the number of days allowed. BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 75 A-6 MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration:Nondiscrimination In Contracts.and Benefits This form, and supporting documentation, must be submitted to.the Procurement Department by entities seeking to contract with the City of Miami. Beach that wish to delay ending their discriminationin benefits pursuant to the Rules of Procedure; as set out below: Fill out all sections that apply.Attach additional sheets,as.necessary.: A. Open Enrollment' Ending discrimination in benefits may be delayed until thefirst effective,date after the first open enrollment. process following the date the contract with the City begins, provided:that the City. Contractor submits to the Procurement Department evidence that reasonableefforts are being undertaken to'end discrimination in benefits This delay`may not exceed two years from the date the contract with the City is:enteredinto, and only applies to benefits for which an open enrollment processis.applicable. Date,next benefits plan year.begins: Date nondiscriminatory benefits will be available: Reason foe-Delay: Description of efforts being undertaken to,end discrimination:in.benefits: BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMIBEACH • A-6 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure.The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months.An extension of In le time may be granted at the discretion of the Procurement Director,upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months,please explain basis: e _ C. Collective Bargaining Agreements(CBA) Ending discrimination in benefits may be delayed until the expiration.of a City Contractor's Current collective bargaining agreements)where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions Involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination In benefits or by ending discrimination in benefits without reopening the collective.bargaining agreements;and 3. In the event That the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so,the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available.Unless otherwise authorized in writing by the Procurement Director, this cash equivalent paymentmust begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened,or in any case no longer than three(3).months from the date the contract with the City is entered into. For a delay to be granted under this provision,written proofmust be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement: • All reasonable measures have been taken to end discrimination in benefits (see Secction.C.2, above);and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available • BID NO:2019-128•AG CITY OF MIAMI BEACH MIAMI BEACH TT A-6 I declare(or certify)under penalty of perjury under thelaws,of the State of Florida that the foregoing is true and correct,and that I am authorized to bind this entity contractually. Kearns Construction Company 2550 S. Bayshore Drive, Suite 206-B Name of Company(please print) Mailing Address of Company ,1„) , ..,.,,, ,-.....1 "---% Miami, FL 33133 Signature. City,State,Zip John.W. Kearns 305.461.0310 Name of Signatory(please print) Telephone Number CFO 0411212019 Title Date ) i 3 BID NO:2019-1284G CITY OF MIAMI BEACH MiAMtBEACH A-7 SUPPLEMENT TO BID/TENDER FORM: TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE.SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE.(SEE SECTION 004071 On October 1, 1990 House Bill 3181., known as the Trench. Safety Act became law. This incorporates the.Occupational Safety&Health Administration(OSHA) revised excavation safety standards,citation 29 CFR,S.1.926;650,as Florida's:own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this.Act, and will comply with all applicable trench.safetystandards.Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated'method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE BID AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA. TRENCH:. SAFETY ACTT, THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES,: NOR BE CONSIDERED ADDITIONAL WORK. The Bidder furtheridentified the costs and methods.summarizedbelow: Quantity Unit Description Unit Price Price Extended Method Total $ John W. Kearns Name of 'dder IV& Com.r Authorized Signatuol Bidder BID NO:2019128-AG CITY OF MIAMI BEACH MIAMBEACH A-7 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 o Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: if the box above is checked,the Bidder must fill out the foregoing Trench Safety Act Form(Attachment A-7)in order to be considered responsive.] BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 80 A-8 RECYCLED CONTENT INFORMATION In support of the Florida Waste Management.Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products.bid.The City is particularly interested in the type of recycled material used(such as paper, plastic,glass,metal, etc.);and the percentage of recycled material contained in the product. The City also requests information regarding any known:or potential material content in the product that may be extracted and recycled after the product has served its intended,purpose. • BID NO:2019-128-AG CITY OF MIAMI BEACH r'�,l I��a fMl BEACH APPENDIX B List of Plans and Specifications BID NO:2019-128-AG CITY OF MIAMI BEACH l'AIAMI BEACH 82 MIAMIBEACH B `,. 'LIST`OF PIANS&SPECIFICATIONS � J • f r jrhrt f } Sr ; f • t, E, ,, .,CONTRACT DOCUMEN TS AS DEVELOPED i3Y STANTEC,rDATED May'2018 T ' ShEetNo/Spec . r { ,l r �, . , �, , «` ° ° ,� � Y �� Wage ; ' :� ;Tide%Description' srk ..:J, rr ,..,,,_.� } t 1t ;5 r. 1 ; ` ITB 2019-128-AG Maurice Gikb Fioating'Dock,Pans a f rt { J r rr P r r ✓�3 t. rr - r'.i "'Lk s r Syr L` :.• : ...tiv................_ ......s „�:-:k w r.. —.., . x..e..6.•h..r>�..... _ a.M1_f!ti....._ ...,...- -.Lvv..k�-a. �......../a.i.. �_y...�♦ry____'1:..Y.S �......� I 1 1 Cover Sheet and Index of Drawings 2 2 Aerial Map 3 3 Property'Limits 4 4 Existing.Conditions 5' S Proposed Dock Layout. . 6 6 Section.A 7 7 Section'8 BID NO:2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 83 KEARNS J CONSTRUCTION CO-CGC 060194 April 23,2019 Allan Gonzalez Procurement Department. City of Miami Beach 1755 Meridian Drive,3rd Floor Miami Beach, Florida 33139 Subject: Kearns Construction Company's Litigation History/Last Five Years Mr.Gonzalez: Kearns Construction Company has been involved in some litigation in the last five years. Most of the litigation has been involved in the collections of Kearns Construction.Company's completed projects. The following is a summary of these issues... 1. Kearns Construction Company/Nicholson Construction Company: Kearns Construction filed a collection lawsuit to collect unpaid funds from Kearns Construction Company. At one-point Kearns Construction Company had completed its$900,000 contract and was not paid a penny. Kearns Construction.Company filed a lawsuit to get paid. The payment issue was settled out of court. Kearns Construction Company prevailed and was paid in full. 2. Jose R. Puerto/Kearns Construction Company(Case No.:16-011239 CA 30). On May. 21, 2014 Kearns.Construction Company removed and replaced greenheart piles a Crandon Marina. One week later,Jose R. Puerto's 32'power boat sank. Mr. Puerto did not have insurance as required and sued Kearns Construction Company for his sunken boat. During discovery it was learned that Mr. Puerto's boat had a major leak. The bilge pump was required to keep the boat afloat. The boat's battery and charger were needed to keep the boat from sinking. A few days prior to the sinking, it rained five inches in two days. In addition, it was discovered that Mr..Puerto had a fight with his neighbor at the marina just prior to the sinking. In summary, our insurance company made an economic decision and paid$15,000 to settle this case. 3. Ramsinghani, Raj,/Kearns Construction Company(Case No.: 14-002032 CA 01): Kearns Construction.Company replaced the 75-year old seawall with a new sheet pile seawall. The prime contractor Envirowaste. The new seawall work occurred at the City of Miami Beach's park on Sunset Island No.4. The neighbor to the west now claims that KCC 2550 S. BAYSHORE DRIVE,suite 2063 • MIAMI,FLORIDA 33133 • TEL: 305-461-0310 • FAX:305-461-1,892 www.kearnsconstruction.com _ moved his 75-year old seawall. The as-built DERM's photos of BEFORE the start of construction shows that the neighbor's seawall had failed prior to KCC starting work. Second,the year before KCC started work,the neighbor asked for new seawall proposal from Dock and Miarine Construction. Third,the neighbor-cut and removed the seawall tie backs when he installed his new pool next to his seawall. This pool work was,done, without a Cityof Miami Beach permit.. Fourth,the neighbor has never done any permitted repair work to hisdock or seawall. The neighbor now wants a new pool,; seawall;planters and landscaping for free. Currently; our irisurance.company,CNA,is handling this claim. _Fifth,the existing seawall is 75 years old.. Overtime,.the salt water has dissolved and corroded the neighbor's seawall. The three:neighborsto.the West and the City of Miami Beach:tothe east have all replaced their seawalls-: It appearsthat this. resident wants someone else to replace for.him his 75-ye.ar aid seawall. About thirty months ago,Mr..Ramsinghani last offer to settle was$25,000 for Kearns Construction COM panyand.$25,000.for Envirowaste... In thelast thirty months,there;hasbeen no movement,filings,depos,hearings or demands in this'case., 4. Yenell Albelo/Kearns;Construction Company(OJ'CC No. 18:009297MGK,AIG Claim No. 555-257570-001). Yenell Albelo filed a worker's compensation claim against Kearns Construction Company: On April 10, 2018 in the first hour of working, MrAlbelo bent over and allegedly hurt his back. Mr.Albelo did;.n.ot report the alleged accident to anyone for'_one week. In fact,Kearns Construction Company has multiple witnesses that saw Mr.Albelo pick-up his belongings and walk to his car without any Sings:of injury.. One week later,Mr:Albelo informed Kearns:ConstructionCompany'of.his alleged injury. This claim has been settled by.,our insurance carrier. During discovery,it was learned' that Mr.Albelo had two prior worker's compensation claims.: Also, he was the-only City of Miami policeofficer pa be f;'red..in.the last five Years for.questronable_conduct(see Miami Herald Article):: Kearns Construction Company has never had a vendor or subcontractor file a lien on any of its . jobs. Kearns Construction Company has never finished a project late and never has been sued by a Client. Kearns Construction Company pays its billsand honors its commitments. Should anyone require any additional information, please contact this office- Very truly yours, John Kearns Kearns Construction Company ,a ,? t :,:;.1-111'.' --- RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY • y G Florid , i k 4nr r* -` d ,fig+,�' r ! , STATE OF FLORIDA 1 DEPARTMENTOF BUSINESS AN ..P OFESSIONAL REGULATION CONSTRUCT IO. U R 11C-E I G BOARD , E F.IED.SUNDERTHE THE GENE L.a ► b,,,:.---.40,0N,---'-...7-7I -Tri,,,,,,,,,,,,, _�53 f T 1 PROVIS, 0 F HAP R,4;89 L.ORtD T ¢RTES .� q ; _........... =,..._ ..„.,,. 4 . 1 — ' --' CHARLLS4WAN la �g_ y y[� 1r yy..�� , W'y�Wif „i .'v°.' ..�-„x''1"7.wF 4 4-4^. tik f lriv/ '4 I i op....,„,, - .._....,......:,.: .41„ ,-,1-..444-gF--74? -irii, i1 1i! • +' 94 EXP IRATIdNa r :UGUSTj31,2020 i i I Always verify licenses online at MyFloridaLicensecom • 4 � ,, i Do not alter this document!n any form. 'f . 0 This is your license.It is unlawful for anyone other than the licensee to use this document. A • Local Business Tax Reeipt • Miami-Dade County, State of Florida -THIS IS NOT A.13111-DO NOT PAY' • i 5342dso • 3 .811ilfiESSEMitiiirecntovi groan et KEARNS CONRUCTION COMPANY' RENEWAL :i.ESERlota 2550 SOUTH BAYSHORE DR STEL,206 0 4363131 aitust.bi-d**ciji:ptiii*Oborness tikAME FL 33133 pOretrarOiCatznty Code •Chapter 9Af kV 9 10 • I C90031, sit*Mar AMINES PAMENTiliC0V10 KEARNS.CONSTRUCITON COMPANY 196 GENERAL BUILDING CONTRACTOR ay incaugut. „ , Cig EMS, mmHg $495a t2/7/2018 Mk**, 1 CRPINAID19-019605 f . Mill local Seldom Tax Rooelptonly canitmet payntentofthr Laced Bustoeis TIM-The Rece1Ot ta not atoms. pormit ora eettilleation tithe Mickel gualltleattoaa,te da lutelness.Holder mot oomplymdtgany governmental. ININPP1411!=!ah.191.!afFF!!*^±18!14.100.!1aPPY,..b?0,1!bu#.11611.. The RECEPTNO.shove mastbe displayed oaf conrieltnial vehlote*-50a tol4ladsCarlitfeele-210. • For more 1NtomfótIjnè werwmiamtdade,govitaxnelieetor • "Ts • • • ACO:. CERTIFICATE OF LIABILITY INSURANCE DgTE(MWON/YYYY) `...s' 04/02/2019 PRODUCER THIS CERTIFICATE IS ISSUED AS A-MATTER OF INFORMATION Trinity Inv.Inc bfdta Trinity Insurance ONLY AND CONFERS NO RIGHTS UPON THE'CERTIFICATE 4000 Hollywood Blvd Ste 555-S HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR . Hollywood,FL 33021 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Phone:305-TR1NITY(874-6489),954-829-5978,954-613-3601 Fax:954-206-5478;Email:bgloria@frinityinv.net INSURERS AFFORDING COVERAGE NAIL 8 INSURED INSURER A:Continental lnsuratue Company 35289 Kearns Construction Company,inc. INSURERS Amoktae 0Ann tilUSL."/tricAmai=Ins GlFLmt+Asti 2550 South Bayshore Dtfire,Suite 206-8 Coconut Grove,FL 33133 INSURER C:National Fire irmua ce Ca of Hart"' 20478 FL'ORIDADBPRLICENSE SCGCO60194 INSURER D:AttanticSPedall:yIasurar eCORead50%7 27154 I INSURER E Liberty International u d("Fdiowing 5%7 23043 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT:TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO.WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY-HAVE BEEN REDUCED BY PAID CLAIMS. . [NSFAmm LIR NuRXS TYPE OF INSURANCE POLICY NUMBER CAEteEFaiVP f�N LIMITS •A GENERALUABILITY ML9780064 • EACH OCCURRENCE s 1,000,000 A COMMERCIAL GENERALLIABIUTY Blanket Additional Insured, PREMISESOI RENTED ®I $ 250.000 CLAIMS MADE © OCCUR Waiver of MED EXP(Any one person) S 10,000 * y .TA 'BlanketAddltionai Insureds Subrogation,Primary 03/29/2019 03/29/2020 PERSONAL&ADV INJURY s 1,000,000 TA Indudea xcu Non-Contributory, Per Project Aggregate'When GENERALAGGREGATE s 2000,004 GENLAGGREGATE UNIT AP DUES PER: required by written contract" PRODUCTS-COMP/OP AGO S 1,000,000 • POLICY f PRO.ECT 1 ! LOC i Deductible.BIPD ea claim $2.500 C • AUTOMDetLE.LreatcrTY BUA6023678054 COMBINED SINGLE UMIT s 1,0013,000 p ANYALITO 'Blanket Additional Insured, , • ALLOWNEDAUTOS Waiver of Subrogation, BODILY INJURY s • SCHEDUL`DAUTO3 - Primary Non-Contributory (Perperson), p HIREDAUTOS "When required by written. 03/29/2019 03/29/2020 contract INJURY S aNON-OWNEDAUTOS (Perms ) ...,e: QSIkrAdd;Insumd,.waivararsvuovauon (P�OPERTYYJDAMAGE y • .y IS Primary Nan-Contributory , GARAGEUARIUTY AUTO ONLY-EAACCIDENr S • ANY AUTO •. OTHER THAN EAACC 5 ' AUTO ONLY: AGG S D EXCESSIUMBRELLAUABILTEY • B5JH26243 Lead& FACItOCEURRENCE s 10,004,000 & TA OCCUR. 0 CLAIMS MADE ATAA1SP8003 Following AGGREGATE S 10,000,000 E ` 50%-Quota:Share Each 03/29/2019 03/29/2020 Falow.FarmIDrapDown. $ INCL ■ DEDUCTIBLE (Lead&Following) 'Scheduled Vessels' s Or'LY ,/ RETENTION S 25,000 • - ` S —s WORKERS COMPENSATION AND FL,Groat Amerloa<t Ins Co r I TORY LM fl DER USL&J4 B EMPLOY- uastuTY as ANY tAC308805t0OAND EL EACH ACCIDENT S 11000,000 OFFICERIMEMBEREXC UDE�D?ENo n� USLBH:ALMA AALMA02175-01 03/29/2019 03/29/2020 re 5,describe under "Blanket Waiver at Subrogation EL DISEASE-EA EMPLOYEE $ 1,000,000 SPECIAL PROVISIONS below 'When required by written contract EL DISEASE-POLICY LIMIT S. 1,000,000 OTHER. &Indemnity Vessel Hoaflee*'Burka AddaknalInsu.d.waver P&I 551,000,00a each Occurrence.incl Roving(Pat) ky��A FOR SCHEDULED VESSELS ONLY sContributory 03/29/201 a 03/29/2020 Crew(5 Crew)for Scheduled Vessels ONLY DESCRII,ON OF OPERATIONS LOCATIONS I veteol esi EXCLUSIONS ADDbD BY ENDuRSEMetat SPECIAL PROIDELUNS RE:Maurice Gibbs Floating Dock 'Certificate Holder is included as indicated above PLEASE REFER TO SAMPLE MANUSCRIPT ENDORSEMENTS(NON-ISO)ATTACHED; WHICHAPPLY WHEN REQUIRED BY WRITTEN CONTRACT SUBJECT TO COVERAGE FORM&EXCLUSIONARY UNDER AFOREMENTIONED.POLICY(IES). "30 Days Advance Notice of Cancellation EXCEPT for Non-Payment of Premium 10 Days CERTIFICATE HOLDER . . CANCELLATION - City of Miami Beach SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE EXPIRATION ' Procurement Department j DATE THEREOF,THE ISSUING INSURER PALL ENDEAVOR TO MAIL � DAYS WRITTEN 1755 Meridian Avenue,,3rd Floor, Nance TO THE CERTIFICATE HOLDER NAILED TO THE LEFT BUT FAILURE TO DO SO SHAD. Miami Beach, Florida 33139 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. • - ,A ! Gloria AUTHORIZED REPRESENTA a / , t Gloria J.Bravo, CIS rL II vY �Y ACORD 25(2001/08) (0ACORD CORPORATION 1988 ,..---4, . CERTIFICATE OF LIABILITY INSURANCE ACRD DATE(Mr1UDDITYYY) Illieme..0" 04/02/2019 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Trinity Inv.Inc b/dla Trinity Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4000 Hollywood Blvd Ste 555-S HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Hollywood,FL 33021 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:305-TRINITY(874-8489),954-829-5978,954-613-3601 Fax:954206-5978,Email:bgtoria@trinityinv.net INSURERS AFFORDING COVERAGE NAIC3l INSURED INSURER A: Underwriters at Lloyds, London Kearns Construction Company,Inc.r .- INSURERS: 2550 South Bayshore Drive,Suite 206-B Coconut Grove:FL33133 INSURER C FLORIDA DBPR LICENSE 8CGC060-194 INSURER D: - INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING- r ANY REOUIREMENT,TERM OR CONDITION OFANY 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ g p�� E7r�R�T1O . It.TRwuc. PO TEM5I t'Q1t FDATE(MMI�wTYI N- I,TR INSRD TYPE OF INSURANCE POLICY NUMBER - DA LIMITS GENERAL LIABILITY EACH OCCURRENCE S El COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea accurence) 3 0 CLAIMS MACE El OCCUR MED EXP(Any one person) .S III PERSONAL&AOV INJURY S III GENERALAGGREGATE S 'L AGGREGATE UNIT APPLIES PER: PRODUCTS-COMP/OP AGO S POLICY n PROJECT n LOC AUTOMOBILEUABILITY III ANY'AUTO (EaCOac SINGLE LIMIT s • ALL OWNED AUTOS BODILY INJURY g El SCHEIn)LEDAUTOS (Per person) I. HIRED AUTOS BODILY INJURY • NON-OWNED AUTOS _ (Peraeddere) g .PROPERTY(DAMAGE S • (Per accident) GARAGE LIABILITY AUTO ONLY-BAACCRENT S • ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGO 'S EXCESS/UMBRELLA UABILRY EACH OCCURRENCE - S • OCCUR El CLAIMS MADE AGGREGATE i IS ' ■ DEDUCTIBLE S • RETENTION S • S WORKERS COMPENSATION AND vvc,b IAi I o t w , EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNERIEXECUT(VE E.L EACHACCICENT S OFRCER/MEMBEREXCLUDED? FJ DI3EAIiE•EAEMPLDYFJ E If yes,descnbeunder SPEIAL PROVISIONS below E.L DISEASE-POLICY LIMIT •S A Maritime Employers Liability Combined Single Limit for all SHALLOW DIVING ML900210LJ 11/13/2018 11113/2019 expenses&indenmity,any 1 accident orllness:$1,600,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAPROVISIO NS RE: Maurice Gibbs Floating Dock Waiver of Subrogation applies when required by written contract. '30 Day Advance Notice of Cancellation EXCEPT 10 Days for Non-Payment of Premium CERTIFICATE HOLDER' CANCELLATION • City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Procurement Department DATE THEREOF,THE ISSUINGINSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 1755 Meridian Avenue,3rd Floor, NOTICE.TO THE CERTIFICATE HOLDER NAMED TO THE LEFT'BUT FAILURE TO DO SO SHALL Miami Beach, Florida 33139 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV I _ Gloria J.Bravo, CIC ACORD 252001/08 ®ACRD CORPORATION 1988 UMR: B0702 ML900210L EXCLUSION G REPLACEMENT LSW 675a Any obligation for which You or any carrier asyour insurer may be liable under the workers or workman's compensation law,occupational disease law. LONGSHORE AND HARBOUR WORKERS' COMPENSATION ACTT, THE NON-APPROPRIATED FUND INSTRUMENTALITIES: ACL THE OUTER CONTINENTAL SHELF- LANDS ACT. THE DEFENSE BASE ACT,.THE.FEDERAL.COAL MINE HEALTH AND SAFETY ACT OF 1969, any other workers or workmen's compensation;- unemployment compensation,,disability benefits law of any state, nation or territory, or any similar,law or any amendments to these laws.. WAIVER OF SUBROGATION Underwriters hereon waive-their rights of subrogationagainst any person or organisation to whom the Named Assured is obligated by written contract to provide such waiver,but only to the extent of such obligation and only in respect of operations by or on behalf of the.Named Assured or the facility of or used by the Named Assured. ALTERNATE EMPLOYER ENDORSEMENT This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by, the alternate employer as required by written contract The insurance afforded by this policy will apply,as thoughthe alternate employer is Insured. The insurance afforded by this endorsement is not intended to.satisfy the alternate employer's' duty to secure its:obligations under the Workers' Compensation Law.. Underwriters will not'fire evidence of this insurance on behalf of Me alternate.employer with any government agency.. Underwriters willnot ask any other Insurer of this alternate empfoyer to share or participate in a toss covered by-this endorsement. The policy may be cancelled according to its terms without sending notice—to the alternate employer. t The Insuring Agreements. Exclusions 'and Conditions of the policy shall apply to the alternate employer: except condition 13.-'Cancellation'(LSW 675);and condition 12 'Cancellation" (LSI 676-)which shall not apply to the:alternate.employer, TERRORISM&MALICIOUS ACTS EXCLUSION CLAUSE In no case shall this insurance cover any loss damage liability or expense caused by or relating to 1. The attempt to or actual detonation of any explosive Or the Operation of any munition or other similar harmful device,.Including but not limited tobiological.and/orchemical device. 2. The act or attempted acts of any terrorist or group of terrorists, irrespective of their motives be they political, religious Or other, or any person or group acting with a malicious Intent. DocumenU6aLatitOKTYMELIZ6712.1 I / Y� /J Slip Lea Page 12 of 21 AeoRo CERTIFICATE OF LIABILITY INSURANCE DATEIMM.DD,YYYY, ki....---- 04/02/2019 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Trinity Inv.Inc b/d/a Trinity insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4000 Hollywood Blvd Ste 555-S HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Hollywood,FL 33021 , _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:305-TRINITY(874-6489),954-829-5978,954-613-3801 Fax:954-208-5978,Email:bgloria@trinityinv.net INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:.U-Ws(gState National Ins Co(57.143%) 12831 Kearns Construction Company,INC. INSURER B:Star Indemnity&Liability Company(25.714%) 38318 2550 South Bayshore Drive,Suite 208-5 Coconut Grove,FL 33133, INSURER c:U-Ws@BerkshireHathaway SP Ins Co(17.143%) FLORIDA DBPR LICENSE#CGC060194 INSURER D; . 1 INSURER E: a COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED'ABOVE FOR THE POIJCY'PERIOD INDICATED.NOTWITHSTANDING.• ANY REQUIREMENT;TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH,THIS CERTIFICATE MAYBE ISSUED OR.MAY- PERTAIN, AYPERTAIN,THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWS MAY HAVE BEEN REDUCED BY PAID'CLAIMS. �E pig p� E�pRATr /LTR gat TYPE-OF INSURANCE POLICY NUMBER PDOATE�MMIDC1Yin oAY(MM1�OlYYcN LIMITS .r GENERAL LIABILITY EACH OCCURRENCE $ II COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED PREMISES(Ea oc urencei $ • El CLAIMS MADE Q OCCUR • MED EXP(Any one person) s PERSONAL 8 ADV INJURY S GENERALAGGREGATE $ GENLAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG $ — POUCY nPROJECT I^ILOC ' AUTOMOBILE LIABILITY ' BI COMBINED SINGLE LIMIT g II ANY AUTO (Ea accident) 1 . ALLOWNEDAUTOS • BODILY INJURY S • SCHEDULEDAUTOS (Per person) • HIRED AUTOS BODILY.INJURY S II NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE • (Per accident). S , • GARAGE LIABILITY AUTO ONLY-EAACCIDENT S II ANY AUTO EAACC . OTHER THAN — AUTO ONLY: AGC, S EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE S • OCCUR El CLAIMS MADE 'AGGREGATE $ S . •III DEDUCTIBLE �'5 RETENTION S • S WORKERS AND TR(OMTS n ORML LIABILITYEMPLOYERS • ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT' $ OFFICERIMEMBER EXCLUDED? EL.DISEASE-EA EMPLOYEE $ • If yes.describe under • SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT' I. A OTHER Pollution Limit: B Vessel Pollution Liability for . 09/20/201.8 09/20/2019 $5,000,000 per Occurrence&Policy C Scheduled Vessels ONLY Maximum Limit • DESCRIPTION OF OPERATIONS l LOCA[LUN51VEHk. S[tXLLUSIONS ADDED aY sNUORDtdsNTTSPEWACPROOISIOND RE: Maurice Gibbs Floating Dock Annual Aggregates (a)US Criminal Defense(Section 8 of Chapter 2)$100,000 per Occurrence/$100,000 Annual Aggregate (b)Fines&Penalties(Section 4 of Chapter2)$1,000,000 per Occurrence/$1,000,000 Annual Aggregate BLANKECADDITIONAL INSURED ENDORSEMENT&SCHEDULE OF COVERED VESSELS ARE ATTACHED. '^90 Day Advance Notice of Cancellation EXCEPT 10 Days for Non-Payment of Premium CERTIFICATE HOLDER CANCELLATION City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Procurement Department DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAUL ." DAYS WRITTEN 1755 Meridian Avenue,3rd Floor, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Miami Beach, Florida 33139 IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • I Gloria J.Bravo, CIC ACORD 25(2001108) ®ACORD CORPORATION 1988 KEARNS CONSTRUCTION.COMPANY 19-20 SCHEDULE OF COVERED VESSELS Edition;Date 03/2912019 Item Description Hull Insured Value 1. . 2019 Jennie K.ABS Barge_ $899,.0.00 2. 2017 RN Sectional Spud Barge $ 25;624; 3.. 1985 Davis $330;000 4. 2014 Sectional Spud Barge $ 32.813 5: 2010'RIO SOCO tl"35x90'Secfion Steel Barge $ 58000 6. 2006Hail'Mar'y $125;000 ,7 2016 Karen--.. $270,-.000. a 2012.E11y:: __. . . $220;000 2008`Fat Jack'26'Twin.Screw,.460HP Progressive Push Boat $160000 10. 2002 Boston Whaler $2Q000. 11: 199019'Boston Whaler Outrage CenterConsol;Fisherman Crew Boat $1Z136 -12 2009228!"Boston Whaler..-150HP.Yamaha &5&- 13: 1995BostOri Whaler—its-IR Yamaha $20;000- 14: 2002 39'Beneteau"Catherine $125,000 15. 2016 island-Runner"Official Business.Il" . . $248;000 16. 2007 Pontoon Party Boat' , $ 7,000 *Additional Named Insured/Owners amended to include Charles Swanson Kearns;John W Kearns 1118 James Brock Sullivan Jr.with respect to the 2016::vessel Island Runner 2 ,acoRD� CERTIFICATE OF LIABILITY INSURANCE . D/tTE(NM/DDIYYYY) `.e.'"..- 04/02/2019 PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Trinity Env.Inc btd/a Trinity Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4000 Holywood Blvd Ste 555-S HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Hollywood,FL 33021 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone:305-TRINITY(874-8489),954-829-5978,954-613-3601 Fax:954-206-5978,Email:bg)oriaQtrinityinv.net INSURERS AFFORDING COVERAGE. NAIC# INSURED INSURER A,:NAUTILUS INS COMPANY ' Kearns Construction Company,Inc. 2550 South Bayshore Drive,Suite 206-8• INSURER B: Coconut Grove,FL 33133 INSURER C: FLORIDA DBPR LICENSE#CGC060194 INSURER 0: I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE.POLICY PERIOD INDICATED:NOTWITHSTANDING'' ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER.DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE-MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONSOF-SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: Mitt( It, 7�{ - LTR 1NSRD TYPE OF INSURANCE . POLICY NUMBER %ACM/dit E P�ATEt(141M1D l� N UNITS_ GENERTALLIABILFIY EACH OCCURRENCE S • COMMERCIAL GENERALUABIUTl, DAMPRAGE RENTED ce ) $ 0 CLAIMS MADE 0 OCCUR MED EXP(Any one person) S i PERSONAL&ADV INJURY S GENERAL AGGREGATE S , ENLAGGREGATE.UMITAPPLIES PER. PRODUCTS-COMP/OPAGO S POLICY n1,PROJECT I LOC !_ •AUTOMOBILE COMBINED-SINGLE UNIT' S II ANYAUTO (Ea accident) ■ ALL OWNED AUTOS. BODILY INJURY s II SCHEDULED AUTOS (Parperson) III HIRED AUTOS BODILY INJURY S fil NON=OWNED AUTOS (Par accIdent) ■ PROPERTY DAMAGE S (Pet accident) ' GARAGE LIABILITY • ' AUTO ONLY-EAACCIDENT $ • ANY AUTO EAACC $ —, OTHERTHAN AUTO ONLY: AGO S •. EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 3 • OCCUR. El CLAIMS MADE AGGREGATE' 3 • S • DEDUCTIBLE $ RETENTION'• $ $ • —^ WORKERS COMPENSATION AND - TORY LIMI S L I uER-' EMPLOYERS'LIABILITY , ANYPROPRIETORIPART.NER/EXECUTIVE EL.EACH-ACCIDENT $ OFFICER/MEMBER EXCLUDED? ELDISFJbE•EAE1>PLOYEE S IT descd�uttler 1.PROVISIONS beim E.L DISEASE-POLICY LIMIT I CONTRACTORS • Pollution Limit: A POLLUTION LIABILITY CPL2026683-10 07/10/2018 07/1.0/2019 2,000,000 per Occurrence $5,000 RETENTION 2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS / RE: Maurice Gibbs Floating Dock • *Certificate Holder is included.as indicated above. "WHEN REQUIRED BY WRITTEN CONTRACT."SAMPLE COPIES OF ENDORSEMENTS'ARE ATTACHED . - "'yo Day Advance Notice of Cancellation EXCEPT 10 bays(or Non-Payment of Premium CERTIFICATE HOLDER CANCELLATION ' City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Procurement Department DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 1755 Meridian Avenue,3rd Floor, NOTICE TO THE CERTIFICATE HOLDERNAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Miami Beach, Florida 33139 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. GloriaJ. REPRESENTATIVE • (�` /� I Gloria J.Bravo,.CIC I/}� ACORD 25(2001/08) , ©ACORD CORPORATION 1988 ENDORSEMENT This endorsement forms a part of thepolicy to which itis attached.Please read it carefully. I - r _ WAIVER OF.SUBROGATION„ . it is agreed,that the Company,in the event of any payment:under this policy,waives its right of recovery against any Principal, but only at the specific written'request of the Named insured either before or after loss,wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per thespecific contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured hasnocontractual interest. No waiver of subrogation shall directly orindirectly apply to any employee,employees or agents,of either the Named Insured or of the Principal,and the Company-reserves its right orliento be reimbursed from arty recovery funds-obtained by any injured employee. This waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation-wherein the Principal against whom subrogation is to be:waived is found to be solelynegligent. 0 2006 by Berkley Specialty Underwriting Managers LLC,an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.All rights reserved. ®1985-2006 by Insurance Services Office,Inc.,material used by permission. ENV 2004 09 06 Page 1 of 1 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED BLANKET This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY VI. DEFINITIONS, 5. Insured is amended to include.as an insured any person(s) or organization(s)when.you and such person(s)or organization(s) have agreed in a written contract or written agreement that such person(s).or organization(s) be added as an additional insured on your policy. Such written contract or written agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work for that additional insured. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organization(s) with which you have so agreed in a written contract or written agreement. • ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. • • CPLD 4038 03 18 Page 1 of 1 CNA ENDORSEMENT NO. 10 Date of Issuance 0412012018 THIS ENDORSEMENT,EFFECTIVE 03/29/2014 FORMS A PART OF POLICY NO. NIL 978po64 OF THE Continental Insurance Company ISSUED TO Kearns Construction Company,Inc. Per Project Aggregate Limits Of Insurance In consideration of an Additional PrerniUm of$500.00, it is understood and agreed that.the General Aggregate Limit under Section A. Limits Of Insurance shall be reinstated for each project where required: With respects to "your work" which is away from premises owned by or rented to you; 2. lithe policy General Aggregate has beerrejchauSted; 3. if there is no other coverage or limits available to you under any other insurance carried by you or for your account that would apply if the General'Aggregate Limit of • insurance of this polloyfwas not reinstated.. ALL OTHER TERMSAND CONDITIONS OF THIS POLICY REMAIN UNCHANGED • • AGENT OR BROKER NAME AND ADDRESS literpafIcithat4eOfil 7130 GLen Forest Drive Mae-1660,VA 23226 EBG REV 5/74 74s Printed in USA CNA ENDORSEMENT NO. ;9 Date..of Issuance 04120/2018 THIS ENDORSEMENT,EFFECTIVE 03/29/2018 FORMS A PART OF POLICY NO. ML 9780064 OF THE Continental insurance Company ISSUED TO Kearns Construction Company,Inc. Primary Insurance in consideration of an Additional Premium of$500,00,it Is understood and agreed that thisinsurance is. primary for the organization shown in the schedule, butonly with respect to liability arising out of your workfor that organization by or for you. Other insurance afforded to that organization will apply as excessand notcontribute as primary to the insuranceafforded bythis endorsement. We agree toprovide the organization listed;below with at least thirty(30)days notice(10)days notice,for non-payment of premium of cancellation and(45)days non-renewal notice. All other endorsements, provisions,conditions and exclusions of this insurance shalt remain unchanged and apply to theorganization described.below., ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN:UNCHANGED AGENT OR BROKER NAME AND ADDRESS International Special Risks,Inc.. 7130 Glen.Forest Drive Richiiioiid;VA 23226 E6C REV 6/74 r45 Printed in ti.SA CNA ENDORSEMENT NO. 8 Date of Issuance 04/20/2018 THIS ENDORSEMENT,.EFFECTIVE 03/29/2018 FORMS:A.PART OF POLICY NO. ML.9780064 OF THE Continental Insurance Company ISSUED TO. Kearns Construction Company,Inc. Blanket Additional insured arid Waiver of Subrooation'Endorsement In consideration of an Additional Premium of$250.00, it is hereby understood and agreed that thispolicy shall include as Additional Insureds any person or organization to whom the Named insured has agreed. by written contract to provide coverage, but only with respect to operations performed by or on behalf of the'Named,Insured and only with respectto an"occurrence": The inclusion of Additional insureds shall in no way increase the Limit of Liability provided under this policy. In the event of cancellation or change in policy coverage, unless specifically endprsedin writing herein, we have noa obligation to send notice of cancellation or change of coverage to the Additional Insured. Additionally,we shall not be required to notify the Additional insured of any cancellation request from the Named Insured.. Itis further understood and agreed to waive any rights of subrogation towhich'we maybe entitled Iffprior to an ".occurrence" the Named Insured has agreed to such waiver in writing, but only to the extent required by said:written.agreernent. ALL OTHER TERMS--AND CONDmONS.OF THIS POLICY REMAIN UNCHANGED AGENT OR BROKER NAME AND ADDRESS International Special Risks,.Inc. 7130.Glen Forest Drive Richmond,VA 23226 E6C REV 5f Pas.Printed in U.S.A. CNA ENDORSEMENT NO: 16 Date of Issuance 04/20/2018 • THIS ENDORSEMENT,,EFFECTIVE 03/29/2018 FORMS APART OF POLICY NO. R 0877068 OF THE Continental Insurance Company ISSUED TO Kearns Construction;Privet*,Iric, Blanket Primary&Non-Contributory Endorsement Premium: Included In consideration of the additional premium shown inthe schedule to this endorsement and subject to all the terms, conditions, limits and exclusions of the policy to which this endorsement Is attached, it is agreed that: It is agreed that to:the extent that,the Named Insured is obligated by-Written contract to name any person or organization as an Additional' Insured and/or Loss Payee, and/or waive subrogation, Underwriters agree that such person or organization shall be considered as such,and rights of subrogation are hereby waived, but only With respect to the work and/or operations actually performed by or on behalf ofthe named Assured(o) at the time of the loss 4nd! coverage underthis policy afforded to the Additional Insured will apply-as primary insurance where required by written contract, however,the inclusion of Additional Assured shall in no way increase the limit of liability hereunder, arid any other Insurance Issued to such Additional Ineured shall apply as excess non-cOntribu*k ALL OTHER TERMSAND CONDITIONS OF THIS POLICY REMAIN.UNCHANGED AGENT OR BROKER NAME AND ADDRESS . - InterriationdiA0-oar Risks,Inc. 7130 Glen Forest Drive,SOlte-408 Richmond,VA. 23226 E6C REV 5/74 1 tas Printed in U.SA eNA ENDORSEMENT NO. 8 Date of Issuance 04/20/2018 THIS ENDORSEMENT, EFFECTIVE 03/29/2018 FORMS A PART OF POLICY NO. H 0877068 OF THE Continental Insurance Company ISSUED TO Kearns Constriction ComPanY,Inc. ADDITIONAL INSURED(ST&WAIVER OF SUBROGATION-P&I SPECIFIC (BLANKET BASIST In consideration of an Additional Premium of $250.00 It is understood and agreed that this Poiicf will include, as an Additional Insured, any person or organization; but only to the extent that you are obligated by a"written contract"to include them as Additional Insured(s) and only with respect to work andkir operations performed by you oron your behalf. The inclusion of an Additional Insured does not In any way extend the type of coverage afforded by the ' Policy,nor d9es it increasathe limit of liability under the policy. It is further agreed that we waive any right of recovery we may have against any person or organization because of payments we make for"bodily injury"or"property damage"arising out of"your work"with: , that person or organization, but only to the extent that you are obligated by'Written contract"to provide such waiver of rights of recovery and only with respect to "Your wore or to your premises or the premises you giSe., "Written Contract" is defined as a contract that is a legally binding agreement hetWeen two or more parties which contain the elements of a valid legal,agreement,and is enforceable by law or by binding arbitration. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AGENT OR.BROKER NAME AND ADDRESS International Sp!Olol Woks,. 7130 GlenForest Drive,Suite 40 RiChmOnd,VA. 23226 E6C REV 5,74 745 Printed in.U.S A. CNA NA71527XX (Ed. 10/12) ADDITIONAL INSURED— PRIMARY AND NON-CONTRIBUTORY !t is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE . Name of Additional Insured Persons Or Organizations :ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED • BY WRITTEN CONTRACTUR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED • 1. In conformance with paragraph A.1.c..of Who Is:An Insured of Section It LIABILITY COVERAGE, the person or organization scheduled above is an insuredunder°this policy. 2. '\The insurance afforded to..the additional insured under this.policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the"accident` for which the additional'insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. N O m CNA71527XX(10/12) Policy No: • Page 1 of 1 Endorsement,NO: Effective Date: 03/29/2 01.8. Insured Name:KEARNS CONSTRUCTION COMPANY,_ INC. Copyright CNA Alf Rights Reserved. POLICY NUMBER: COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insuranceprovided under the.following: BUSINESS AUTO COVERAGE FORM BUSINESSAUTO.PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Withrespectto coverage provided by this endorsement,the provisions of the Coverage Form apply unlessmodified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is;indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s)Of Person(s)Or.Organizatan(s): ANY PERSON OR ORGANIZATION' FOR WHOM OR WHICH YOU ARE REQUIRED' RY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS: WAIVER FROM US YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. E Information required to complete this,Schedule,if not shown above- will be shown in,the Declarations..- The Transfer Of Rights Of Recovery Against Others $ To Us Condition does notapply to the person(s) or organization(S) shown in the Schedule, but only'to the extent that subrogation is waived prior'to the "accident" or the "loss" under a contract with that person or organization. ACCII limomme CA 04 44 031.0 Copyright, Insurance Services Office,Inc.,2009 Page 1 of f • IMPORTANT If the certificate holder is an.ADDITIONAL.INSURED,the policy(ies),must be endorsed.A statement on this certificate does not:confer rights to the certificate holder in.lieu of such endorsement(s). - If SUBROGATION IS WAIVED,subject to the terms.and conditions of the.polity,certain.policies.may require an endorsement. A statement on this certificate does not confer rights to the certificate holder,in lieu_of such endorsernent(s). DISCLAIMER The Certificate of Insurance on the reverse side of this:form does not constitute a contract between the issuing insurer(s),authorized representative or producer;and the certificate holder,nor does it affirmatively or,negatively amend,extend or alter the coverage afforded by the policies listed thereon. • • • • ACORN 25(2001109) •• . ..,,,...''' GI - li . Co:v -} r KEARNS CONSTRUCTION CO •CGC 060194 City of Miami Beach Maurice Gibb Floating Dock Three Prior Marine Projects: 1. Marina Palms(110 slip floating and fixed dock marina) Contact individual: George Helmstetter(Co President/-Plaza Equity Partners) Contract Address: 1 SE 3rd Ave, Suite 12110, Miami, Florida 33131 Telephone Numbers:(Office)954 630 8880, (Cell)347 9201201 Email: Ghelmstetter@olazaeouitv.com Contract Amount: $7,000,000 Completed:November,2015 Kearns Construction Company installed a new floating and fixed 110-slip marina at Marina Palms. Project included over water utilities, dredging,marine demolition and installation of a new sheet pile seawall.. The project was a great success for both Client and Contractor. 2. Prime Marina/Monty's..in.the Grove (105 fixed dock-marina) Contact Individual: Jose:Hevia (Managing Principal). Contact Address: 2550 South Bayshore Drive,Suite 208 Telephone: (Office)305 858 9895, (Cell)30 710 4302 Email: Jhevia@oimemarina.com Contract Amount: $6,200,000 Completed: January 2019 Kearns.Construction Company removed andreplaced a 105-slip fixed dock marina and installed 500'of sheet pile seawall. The project,included overwater utilities,dredging, marine demolition. The project was..a great success for both Client and Contractor. 3. City of Miami Floating Docks(Kennedy Park,Spoil Island C&Spoil Island E) Contact Individual: Maria Busto(former City Marina Manager) Contract Address: Dock Master Office,3400 Pan American Drive, Miami,Florida 33133 ' Telephone:(Cell)786 376 3177 Email:MBusto(WMiamigov.com Contract Amount(Kennedy Park): $180,000 Completed: Summer 2012 Contract Amount (Spoil Island C): $150,000 Completed Summer 2014 Contract Amount (Spoil Island E): $188,000 Completed Summer 2014 Kearns Construction Company has completed three floating dock projects for the City of Miami. The first was the aluminum framed floating dock at Kennedy Park. The second was the concrete floating dock repairs and dock reconstruction at spoil Island C. The third was the aluminum fame floating dock at Spoil Island E. All three projects were in Coconut Grove, near Dinner Key Marina, 2550 S. 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" ' fir' i s:a� 1� i n �:▪ `" -r.i- + • fi t Ss t• 5.. a �t - _ r' gt l r ' .y,-r• *' /".''''''''''''''i a -"Q ; * ' 'k ax. , 1 ;,t .., 5.... ..oL:4:.AGs�:.:. «..o..w__ _ 4 .a..�w.., w�.�...s.,...2 l , , KEARNS CONSTRUCTION CO•CGC 060194 COMPLETED PROJECTS Project Name/Description Project Manager EOR/AOR Contact Owner/Rep Contract Completion Percentage Contact Contact Amount Date by Kearns Fisher Island Project—Bellingham Jeffrey Pratt $1,050,300 January 2019 100% Demolition of Center,Spa and (Bellingham Main Dock Marine) (904)380- - 5519 � . - Biscayne Bay Pilot Station Jason Taylor Capt. Bronson $240,000 January 2019 100% - Concrete Dock Installation and (Cummins/Cederberg) Stubbs Sheet pile repair 305-741-6155 904-753-0489 Ocean Key House Sunset Pier Tony Rivas(Atkins) Jamie Colee 1,800,000 , December 100% Reconstruct existing wood pier, 305-444-6260 (Seaboard Assoc. 2019 including piles Limited Partners) 206-854-7048 Monty's Marina Redevelopment Kirk Lofgren(Ocean Jose Hevia $6,500,000 January 2019 100% —Prime Marina Consulting) (305)710-4302 Entire Marina Dock Replacement (305)457-5573 , City of Miami Beach Fleet Christina Aquino(BCC David Gomez(City $1,200,000 June 2018 100% Management Seawall - Engineers) of Miami Beach) New Combi Wall—Underwater (305)670-2350 (305)673-7071 t. Welding -� J Flagler Memorial Bridge Phase I Santiago Zuleta 1 Florida $400,000 September ' 100% Marine Debris Removal, (PCL Civil Department of 2017 Commercial Diving Constructors) Transportation And marine demolition 813 376 6305 _ Flagler Memorial Bridge Phase It Santiago Zuleta Florida $1,100,000 April 2018 100% Marine Debris Removal, (PCL Civil Department of Commercial Diving Constructors) Transportation And marine demolition 813 376 6305 Page 2 of 8 KEARNS cONSTRUCTiON CO•CGC..06 10 94 Project Name/ Description Project Manager EOR/AOR Contact Owner/Rep Contract Completion Percentage Contact Contact Amount. Date by Kearns Margaritaville Resort and Marina Jim Vernon $600,000 Spring 2018 100% Ship Fender Installation and Pipe (305)3044812 Pile Driving Key Biscayne Yacht Club Christine Stewart $2,100,000 Spring 2017 85% Remove/Replace North Dock, (KBYC Marina Sheet Pile Seawall, Dredge, Manager) Floating Docks` Telephone:(305) 361-8229 Cell: (954)562-7288 . Hillsboro Bridge Santiago Zuleta City of Hillsboro $180,000 Summer 2015- 100%. Foundation Stabilization,Concrete (PC!Civil Matts,Commercial Diving,Marine Constructors) Debris (561)376 6305 Island Gardens Jon Wainwright Tim Blankenship Flagstone Property $2,8.00,000 June 2016 100% Mega Yacht Marina,Marine (561)371-9684 (Coastal Systems Group Mitigation,Commercial Diving, International) Sand and Reef Ball ..(305)661-3655 Elliott Key Park Pier Tim Gabriel David Olin(Olin ., National Parks $1,070,000 January 2016 100% Removed Existing 200'long (919)625-0106 Hydrographic) Service concrete pier (305)619-2890. Tim Bemisderfer Constructed new reconfigured (404)5075705 or pier (404)316-0603 Ocean Reef Club,Key.Largo Steve Ryder $1,100,000 October 2015 85% Marina Demolition and Floating E (Bellingham) and F Docks Installation—110 (904)613-2331 Slips '• Page.3 of 8 le I* KEARNS CONSTRUCTION CO•CGC 060104 Project Name/Description Project Manager EOR/AOR Contact Owner/Rep Contract Completion Percentage Contact Contact Amount Date by Kearns Saxony Hotel,Miami Beach Tyler Dillon Robert Samara,P E $1,600,000 August 2015 75% Cofferdam and Tremie Pour (239)340-8526 -(305)934-2220 Marina Palms Marina Ed Beck $7,000;000 November 90% 116-Slip New Marina with Floating (305)454:3214 2015 and Marine Debris Removal,fixed Docks,Dredging,Commercial Dive,Demolition/Disposal of 200- ton Boat Lift Venetian Causeway Chuck Gillette City of Miami $450,000 Winter 2015 100% Demo!WW1 15,000 tons of Steel (GLF Construction) and Concrete Foundations and (239)672-9163 Marine debris,commercial Dive Norris Cut Sewer Tunnel Robert Stebbins Robert Samara Miami-Dade $900,000 Wirder 2015 75% Access Shaft 42'diameter X 100' (WASO) (305)934-2220 County Water and deep in length(deepest shaft and (412)715-3265 Sewer Department tremie in FL) Eloy Ramos " (Nicholson Construction) Dinner Key Marina Carlos Vasquez Tim Blankenship. City of Miami $328,000 June 2014 100% New Docks at Spoil Island E (786)376-5480 (Coastal Systems International) (305)525-6472 Port Miami Art Tilburg, Frank Tim Blankenship Miami-Dade $1,800,000 February 2014 75% Reef Ball Marine Mitigation Ramirez&Juan B. (Coastal Systems County and Robert :International) Stebbins (305)525-6472 305 609 9976 Page 4 of a I<EARINS CONSTRUCTION CO•CGC 060194 Project Name/Description Project Manager EOR/AOR Contact Owner/Rep Contract Completion Percentage Contact Contact Amount Date by Kearns United States Sailing Center Carlos Vasquez 'Tim Blankenship City of Miami $147,000 August 2013 100% Floating Docks (786)376-5480 (Coastal Systems -international) (305)525-6472 Port Miami Robert StebbinsMiami-Dade $95,000 June 2013 75% Passenger Boarding Bridge and Juan County Bergouignan ' (305)347-4974 Port Miami Fenders Installation Robert Stebbins Miami-Dade, $50,00 May 2013 100% and Juan County Bergouignan (305)347.-4974 Big Fish Restaurant,Miami River Elliot Rodriguez $385,000 Summer 2012 100% 400'of concrete panel seawall (By His Grace Construction) (305)642-3520 PortMiamt Robert Stebbins Miami-Dade $70,000 June 2012 75% Passenger Boarding Bridge and Juan County Bergouignan (305)347.4974 Port Miami Tunnel Joe Folco(BCWF) Jacobs Engineering Florida $3,000,000 April 2012 75% Watson Island to Dodge Island (305)894-1800 (305)471-4753 Department of Excavation and Trernie Concrete Transportation Pour—Largest in North America Rickenbacker Manna,Virginia Kirk Lofgren(Ocean Aabad Meiwani $3,300,000 March 2012 100% Key Consulting) (305)761-7720 New Boat Launch and Docks (305)457-5573 Page of 8 , ) , 1 r , KEA1Z 'S \ CONSTRUCTION CO•CGC 060194 Stock Island Marina Village 'Bellingham Marine Mathew Shrunk $1,000,000 January 2012 100% Demolition Piles and Floating (904)613-2331 (305)294=2288 Docks—120 Slips Project Name/Description Project Manager ,EOR/AOR Contact Owner/Rep Contract Completion Percentage Contact Contact Amount Date by Kearns Ocean Reef Club,Key,Largo Steve R rider Bellingham Marine $150,000 September 100% New Piles for Floating 0 and H (Bellingham) 203,1 I" Dock Installation–90 Slips (904)613;2331 Port Miami Tunnel Jae(Falco(BCWF) Jacobs Engineering Florida $2,000,000 July 2011 75% Watson Island to Dodge Island (305)894-1800. (305)471-4753 Department of Excavation and Tremie Concrete Transportation Pour-Second-Largest in North , America City of Miami Beach Seawalls Jose Ferre Kirk Lofgren(ocean $580,000 April 2011 100% Sheet Pile Seawall (inviroWaste) Consulting) (786)365-06.35 (305):457-5573 —. Cocoplum Marina,Coral Gables Captain Harris $200,000 March 2011, 100% Pile Work and Police Dock (Dock Master) (305)788-.7353 Rickenbacker Marina,Virginia Kirk Lofgren(Ocean Aabad Meiwaani $466,000 January 2011 100% Kay Consulting) (305)761-7720 750'Seawall Sheet Pile (305)`4557.5573 , Camp Biscayne,Coconut Grove Kirk t;afgren(Ocean - $450,000 Summer 2Q09 109% Dredge,Seawall and Sheet Piles consulting) 3051 457-5573. Residences at Vlzcaya,,Miami :Kirk Lofgren(Ocean. $360,000 February 2009 100% New 12-Slip Marina,New Sheet . Consulting) Pile Toe Wall (305)457.5573 tPage 6of8. ,) } KEARNS CONSTRUCTION CO g CGC 060194 KAYWAMA Marina,Key Largo John McCain,P.E $860,000 February 2008 100% Demolition and Pile Installation— W.F.McCain 70 Slips Associates,Inch (772)770 1093& (305)735 8282 Project Name/Description Project Manager EOR/AOR.Contact Owner/Rep Contract Completion Percentage Contact Contact Amount Date by Kearns Monty's in the Grove,Miami Robert W. $340,000 February 2008 100% Hurricane Repair to Marina Christoph,Sr. (305)672-5588 River Cove Marina,Miami River Robert W. $2,000,000 January 2008 100% Dredge,Docks,Seawall and Sheet Christoph,Sr. Piles-80-Slip Marina (305).672--5588 Ray Herman,Key Largo Bellingham Marine $50,000 September 100% Floating Dock at Private Home (904)613-2331 2007 Miami River Ship Terminal Bruno Ramos $200,000 Summer 2007 100% 400'Sheet Pile Wall Installation (305)491-7172' Coral Reef Yacht Club,Coconut Jim Van Buren $50,000 January 2007 100% Grove (General Floating Docks Manager) 305 858-1733 Miami River Lobster pocks Kirk,Lofgren.(Ocean Manny Prieguez $1,000,000 Various Dates 100% Seawalls,Sheet Piles,Shoreline Consulting) (305).345-9070 Stabilization and Commercial (305)457-5573 Docks Pinner Key Marina,,Miami Steven Bogner City of Miami $600,000 Various Dates_ 100% Pile installation (Marina Manager) (305)579-6980 Page.7 of.8 1 KEARNS BQNSTRUCTION.CO e;CCC 060194 Miami-Dade County Channel Mike Page $80,000 Various Dates 100% Markers (305)297-8991 Various Biscayne Bay Locations Page 8 of 8 KEARNS CONSTRUCTION CO.*CGC 060194 Work in-Progress. 1. 2222 NW North River Drive A. Project Manager: Jason Cummins/Cell:.352.2193613 8. Engineer of.Recard: Jason Cummins/Jason.Taylor/Wit3522913613 C. Owner Rep:_. Jason Curnmins./Cell;352.2913.613 D. Contract Amount: $600;000 E. Percent:_Complete: 04%. F. Perteht Remaining::96% a Notes: Project is on hold for permits 2. City of Miami,_Reconstruction of Dinner Key Marina_ A. Project.Manager;; Robert Fenton(City of Miami)reek 786 263 2133 B. Engineer of Record Jason Cummins/Jason Taylor I Cell.`352 291:3613. C. owner Rep:: Robert Fenton (City of Miami)/Cell:786 263:2133. D. Pending Contract Amount: 17.5—24 million E. Percent.Complete: 00% F. Percent`Remainingr100% G. Notes:. ProjectIS in contract;negations 2550 S. BAYSHORE DRIVE,suite 206B • MIAMI, FLORIDA 33133 • TEL:305-461-0310 • FAX: 305-461-1892 www.kearnsconstruction.com KEARNS CONSTRUCTION CO•CGC 060194 Previous Experience,and Key Personnel Kearns Construction Company is the leading installer of Floating Docks in South Florida. No other contractor has recently installed more floating docks. These floating dock projects include the following: Description: 1. Fisher Island Mega Yacht Marina 2. Marina Palms(110-Slip fixed and Floating Dock Marina) 3. Ocean Reef Phase I (Kr Floating Dock Slips) 4. Ocean Reef Phase 11 (110 FloatingDock Slips) 5. Ocean Reef(Herman Residence) 6. Stock island Marina Village (114 Slip Floating Docks) 7. Key Biscayne Yacht Club (Floating Docks at Hacienda Canal) 8. Coral Reef Yacht Club(Floating Concrete Dock and Aluminum Frame Floating Dock) 9. Elliot Key Park Pier(Floating Dock for National Park Service) 10.City of Miami—Kennedy Park 11.City of Miatni—spoil Island IC 12.City of Miami—Spoil!mad E 13 United StatesOlyrnpic:Sailing Center 14. Margaritaville, Key West—Floating Dock Repairs Simply stated,no other contractor has recently installed more floating docks in South Florida. Kearns Construction Company owns and,operates four crane barges and owns all the equipment needed to complete this project': Kearns Construction Company does not plan to use any subcontractors. Kearns Construction Company will self-perform 100%of this work. Kearns Construction Company's proposal includes concrete fixed docks from Bellingham Marine. Bellingham Marine is the No. I supplier of floating docks in North America. The Key personnel for this project are as follows: _ . John Kearns/Construction Manager-Estimator Charles Kearns/Construction Superintendent Randy Ferret/Site Foreman The organizational chart is attached.. Ake" 2550 S. BAYSHORE DRIVE,suite 206B • MIAMI, FLORIDA 33133 • TEL: 305-461-0310 • FAX:305-461-1g92 www.kearnsconstruction.com KEARNS \ CONSTRUCTION CO•C.GC 060194 Kearns Construction.Company Table of Organization Maurie Gibb Floating Dock ITB No.: 2019-128-AG John W. Kearns Construction Manager.!Estimator Charles Se_Kearns Construction Site Superintendent City's Primary Contackand Liaison officer Randall Ferret Site Foreman 2550 S. BAYSHORE DRIVE, suite 2068 .. MIAMI,FLORIDA 33133 TEL:305-461-0310 • FAX:305-461-1892 www.kearnsconstruction:com KEARNS CONSTRUCTION CO•CGC 060194 Staffing Plan Kearns Construction Company's staffing plan for the Maurice Gibbs Floating.Dock project is as follows. John Kearns will be the Construction Manager. John:Kearns responsibilities shall include contracts and purchase orders. John Kearns willprepare the payment applications and any change orders.. Charles Kearns wilt be the Construction Site Superintendent. Charlies Kearns will be responsible for all field operations., Randall Ferret will be the Construction Site Foremen. Mr.Ferret will be responsible for layout, pile driving andreceiving construction materials. 2550 S. BAYSHORE DRIVE, suite 206B • MIAMI,FLORIDA 33133 - TEL:305-461-0310 - FAX:305-461-1892 www.kearnsconstruction.com JOHN W. KEARNS, PROJECT MANAGER & ESTIMATOR EDUCATION/TRAINING BS.Degree in:Building Construction . University of Florida Gainesville,FL. RELEVANT EXPERIENCE Kearns Construction Company Miami,FL 2000—Present • Monty Marina. • Key Biscayne Yacht Club • Ocean Reef • Marina Palms. • Port of Miami Tunnel—Excavation and Tremie•Pour Salini impregilo Construction company Italy/Miami,FL 1990-2000 • Contract Manager on a$900,000,000 U.S;.Navy project. • Project Manager for the People Mover(Briekell Extension) • Senior Project Engineer on the$100,000,000 Federal Prison.. • Project Manager on a 6 story,12,000;000-dollar Arquitectonica designed office building on Miami Beach. • Qualifier for a$100,000,000 metro rail project.. • Technically responsible for the new concrete beams'connecting•Miami International Airport and Jackson Hospital. • Technically responsible for the$200,000 000 concrete beam project that connected DolphinIPalmetto• highways. The concrete beam work was'for RizzaniDe Eccher,,USA. CERTIFICATE/LICENSES State of Florida General Contractor's License • L'� CHARLES S. KEARNS,PROJECT SUPERINTENDENT RELEVANT EXPERIENCE Kearns Construction-Company Miami,FL 1994-Present • Marine Project Superintendent for the installation of Bellingharn Marine Concrete docks for the 2017 Miami International Boat Show. Marine demolition,pipe pile driving and assembly of the concrete floating docks:. • Marine Project:Superintendent for the Ocean Reef Bellingham Marine concrete:floatingdocks;(Phase I;80 concrete floating dockslips). Existing concretedock demolition.. Pipe pile driving and tfe assembly of Bellingham:Marine concrete:floating-docks. • Marine Project Superintendent for the Ocean Reef Bellingham Marine concrete floating docks;(Phase II, 110 concrete floating dock slips). Existing,concrete dock demolition. Pipe pile driving and the assembly of theBellingham Marine concrete floating.docks • Marine Project Superintendent for Stock Island Marina Villagein Key West,Florida(120 concrete floating dockslips).. Installed Bellingham Marineconcrete floating docks;marine demolition,;steel pipe pile driving,wooden:dock constructionand marine.dredging. • Marine Project:Superintendent for the demolition end installation for Bellingham Marine:concrete floating dingy docks;at the Coral Reef Yacht Club,Miami;,Florida. • Marine Project`Superintendent for the restoration of Bellingham Marine concrete floating docks.. Beach sand had shifted and undermined the,existing"concrete floating docks.The project required'that the existing floating dock be relocated and:restored, The project also required significant dredging. This project was completed for the City of Miami atthe Dinner Key Marina;. • Marine Prokt,Sup'erintendent forMiami's floatingdock at,Dinner Key Marna,Spoil Island_E. • Marine Project:Superintendent at The Port of Miami Tunnels!marine excavation,underwater concrete, placement and pipe pile installation. This:was a$5 000,000,proect.which includes marine excavation (100,000 eit of dredging);tremie concreteplacement and steel'pile:installation_ The underwater concrete work isthe largest tremae slabs in;North America; • National Parks Service/Elliot.Key—New 200`concrete service:bridge. • Molasses Reef Marina,,Key`Largo Florida;(Remove and existing 70 slip marina • South Miamiiunior High—Second"storybridge;and elevators. .,t CERTIFICATE/LICENSES State Of Flor:,ida`General Contractor's Licen0e,(C0c060194) RANDALL FERRET,SITE FOREMAN EDUCATION/TRAINING Divers Academy of the Eastern Seaboard Camden,New Jersey RELEVANT EXPERIENCE Kearns Construction Miami;FL 2011-Present • Ocean Key House Sunset Pier,Supervisor/Commercial Diver/Crane OPerator 2018 • PCL Flagler Bridge Demolition,.Superintendent 2018 • Half Shell Raw Bar Seawall,Cammercia(Diver 2017. • GIF Venetian;Causeway Bridge Demolition Project,Commercial Diving Supervisor 2016 • Artificial Reef Project,Commercial Diving Supervisor 2016 _ • Port Miami Tunnel,Commercial Diver 2011 SKILLS Proficient in the use of the.following: • Commercial Deep-sea Equipment • Bridge Inspection • Scuba(open circuit) • Pneumatic Tools • Shallow Water Equipment • Remotely Operated Vehicles • Hot•Water Equipment . U/W Video&Mdnitoring Devices • OxyfArc Cutting,Underwater • Recompression Chamber Operator • Arc Welding Underwater • Rigging CERTIFICATE/LICENSES Association of Commercial Diving Educators Certificate of Proficiency 1998 Commercial Driver License(CDL) Administering Emergency Oxygen Training First Aiq/CPRIAED Training Bloodborne Pathogens Training 4�' 1 ---\ . A-I ,......... .I City of Miami Beach I , (TB price Form ytivrariistiminisaiiiiiit dinirm die alf-indmirm total cost fa the Walt Spediiad la iliti'bici,ionsistlas rd itenithing equlpmut Supervhloa,mobilization.dernablitaa.ovarinad and wont,intairance.permits.and Met to compfota the wail ta the MI Intent as shown or Indicated In the Uontratt documents.Any az MI attanatis;If auptIcabio,may be selected at the atis salt disastiort and based an funa7ng availability. BIDDER MUST SUBMIT THIS ITU PRICE FORM FULLY COMPLETED.INCLUDING SECTIONS 1 AND 2.AS PART OF THE BID RESPONSE. FAILURE TO 00 50 SHALL oggis THE BIDDEIL NONRESPONSIVE. In Ma avant ofarithmetical mon Warmest the dhasion totals and thatotarbase trid,.tho Weider avail thanks totd barm bra shin govern.lif the melon dIzarmaztqf hatweaft the numeriad total base bld and Me writteatotal base bid the written total base bid:shall govern.in abssnot at totals submitted for any dIvislen cost.the - Oar shall intmpret as=hid for dig Addeo.width,may dhqualiff bidden. • . , . 1:::''•;:4::::L::..:-r1,--:.:".i:T..:::.-:;;17-2::;.7.7.LS4-PTIPRIPIPP.-g-RAP:..Mcgag9j1,41?-1,119X:::7:L::::::,•:::: ;L:--`:7.::::.77.1-;.71:: 7:77,:'•72.::::,',7-''''.-. ',,,':':,'.7';',--r,r!':"7-'''';-;,:;:.;T.::,,'--.,-.P...F.1,FANEgrTJT.LEciTEr.,,,,N,c:14cki.t9;1284.4.0.- -7-7,:--,:--, 7'7:::::77. ,:::: Ii.z,:..,:L.-_-:2,:::::,:.L:2,..,:„.:.:::,,;..:.:Isf. 'Y:-:...':'..,•,:';:_.'-f.:2;:iiiiiAilivatIdtiiiiIILOAtiNbAtrekai:iLL - L:LL -,14i„,/.2 ”.!i,'Ll .Item Description Estimated U/M Unit Total Quantity Cost (Quantity x Unit Cost) . . " . 1 Mobilization 1 is $A56.:q it) $ cil..1;: te , • TelligoiatY Erosion.Sedimentatiom $and 1 ' LS .ei. ' - -..- $ : p.i. - - Water Pollution Contrel 4,,,CEO .• -4..iCe.t). , 4 PemelitiOnand P.40S,a1 1 LS St:4 firs $fi., •fee-C-0 - 9 Grading/Earthwoitt .., - 20 .- CY. $-.33S- .- , $ 1106 - • 6 Furnish and install(1,340)square feat.of 1 . . IS S.188,56' '... $.1. :. inc.r:i';'''l - tleatinj concreitiialkWay . . ,,-----,,, 7 Furnish andinstait!,(180)square feet of $ .. ,.. . $ 1 LS ,..12,e,y/1,C: ")ir'.1 i"'- 71. • aluminum rampaYiitAftansition plate(5!x.30'). 34.ir.4o0P. 7 - . _ "X•1/419 i ,...._.., ' 8 Furnish 14)t14*concrete 5 EA $. : $ _ , ..- • anchor 011etypiti 50 feet in length•V4th 5000 Ost concre0i:Includes pointedpc 3 ),ax) , ''1.0,1f.-CCO •. . ir .. — 9 .Furnish anctinsta3:(570)s.. .u...feet,of Non • 1 LS $ ' - $ - Motorized Dock Launch,'•- '',14'''1•• .!.: *-,9 4-Ai:,,,..em) ' • i.:AOA.Opvii.Transfer Package and..3 ?(41 .6&.,2411 . , .. _standard dos . . • 10 Furnish:and instal,Magyars feet of - / • 1.S , $...-4, ..- - $.--,7 e 2-1 • • - -11.2C0 I r 00 akatinum ramos(614 f21) , _ ' 11 Furnish Instaii 12h1 diameter 1)mbetguard 15 EA $ - $. _ - • • piles upto 35ft In len*includes pointed pvc • , Calla , 33 Za3 2 • goS • - 12 Mooring Pile RemOyal/replOcernent ' 2 '--. EA. $9, 4772:Z $ '.T5' .. i • : , 13 perkurnance-TisfiSoddinghVatoring . 100. SY $ 3..1 - $ .-23i i ce, - ' 14 ConcrablSidewalkinyd Stabilized .• 8 5 SY $ • • - $ • • _ . Subgracle-V Thick3,000 PSI 1 6 '0 ' i crizso • 15 Concrete Stairs w-/-6*ailing(FOOT Index 1 ' LS $ //. . . - $ k . -• - - 7 St-0 47C6 400-021) , ' • ' 16 New Gravity Retaining Walt(FOOT Index , 45 LF $ --- 1 1 - CZ 4664111 , , •I ..--)4• --I I 17 Aluminum Pedestrian:Railing wt Handrail 83. LF $ i Liti - $ if 552,- (FDOT Index 515462): . BID NO:2019.128-AG CITY OF MiAmi BEACH - MIAMI BEACH 54 477 r 18 Post °Save Sea Turtles,Sawfish,and 1 LS $ r $ j�. f�� Dolphin educational signage (/) ! 7 - 19 Install Monotilament Recycling Bin 1 EA , $ 20 Record Plans as specified in PWD Manual 1 LS. $ $ 4Part } 1-Secffarr t-Subsection A.1(ay 1)2)3} (.4 00(-1t c,,c6 21 ALLOWANCE FOR,COMPUANCEWITH 1 EA $ 25.00 $ 25.00 TRENCH SAFE1YACT'(PER PROJECT AS APPUEAB • TOTAL BID $5( ( t `Any cost in excess ofihe stated allowance shall be borne by the contractor as part of its bid unit process. **PROJECT SHALL BE AWARDED TO THE LOWEST,RESPONSIVE,RESPONSIBLE BIDDER OFFERING THE LOWEST LUMP SUM GRAND TOTAL(TOTAL BASE BID) Section 2-Bidder's Affirmation:. Company: Kearns Construction Company Address tine 1: 2550 S. Bayshore Drive, Suite 206-B Address Line 2: Miami, FL 33133 r--. Telephone: 305.481.0310 Email: jkearmspkeam construction.com Signature: Title/Printed Name: John Kearns-CFO • FAILURE TO SUBMIT THIS FORM FULLY EXECUTED:AND BID BOND OF APPLICABLE)WITH BID SUBMITTALSHALL RESULT IN BEING DEEMED NONRESPONSIVE. Balance of Pave Intentionally Left Blank 1 BID NO:2019-1284G • CITY OF MCMI BEACH MIAMI BEACH Document A310TM — 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name:legal siaus and address) (Name:legal status curd principal place ojbrcarrexs) Hartford Fire Insurance Company Kearns Construction Company One Hartford Plaza This documenthaslmportant 2550 South Bayshore Drive, Suite 206B Hartford, CT 06155-0001 regal consequences.Consultation Miami, FL 33133. Mailing Address for Notices with an attorney is encouraged with respect to its completion or Same as above OWNER: tmodlUcatioa. (Nana,legal stains and address) Any singular reforence to City Of Miami Beach Contractor,Surety.Owner or other• 1755 Meridian Avenue, 3rd Floorshallbe considered pluralpartywhereapplEcabte. Miami Beach, FL 33139 BOND AMOUNT: 5% Five Percent of Amount Bid PROJECT: (Name,location oraddrrss and?Reiter number,.(fmiy) Maurice Gibb Floating Docks The Contractor and Surety aro bound to the Owner in the amount set forth above.for the payment of which the Contractor and Surety bind themselves,their heirs;executors.administrators,successors andassigns,jointtyaad.severally,as provided herein.The conditions of this Bond arc such that if the Owner accepts the bidof the Contractor within the tine specified in the bid documents,or within such thus period as may be agreed to by the Owner and Contractor,and the Contractor either(I)enters into a contract with the Owner in accordance with the teens ofsuch bid,and gives such bond or bonds as may be specified in the bidding or.Contract Documents,with air/sty admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance ofsuch Contract and for the prompt payment of labor and material furnished in the prosecution thereat,or(2)pays to the Owner the difference.not to exceed the amount of this Bond,between the amount specified in said bid and suck larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain'in full force and effect..The Surety hereby waives any notice ot'an agreement between the Owner and Contractor to extend the dire in which.the Owner May accept.the bid.Waiver of troth=by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid document..,and the Owner and Contractor shit obtain the Surety's consent for an pension beyond sixty(00)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the lean Contractoria this Bond shall be deemed to be Subcontractor and the tcmt Owner shall be deemed to be.Contractor. • .. . ,.. When this Bond:has been furnished to comply with a statutory or other legal requirement in the locators ofthe Project,slily provision in this fiend conflicting with said statutory or legal requirement shall be deemed deleted hcrefrum and provisions.conforming Io su fi'. statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall he manner!-/ as a statutory bend and not as a ebmmon Inv bond. - Signed and scaled this 12th day of April,2019. Kearns Construction Company (Principal) (S alj . nt�nr • By: �� .� •�c . y (Mle) // • Ha rdfire Insurance Compo _C ty) weal) I bussu) Gicel e n By: . . • (77,k)Charles J. Nielson ,Attorney-in-Fact Surety Phone No. 860-547-5000 S-OOSNAS 8/t0 - Direct inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND,T-12 One Hartford Plaza Hartford,Connecticut 06155 bond.ctaimsttetheharfford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 rj Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut I-1 Hartford Underwriters Insurance Company,a corporation duly organized under the laws ofthe State of Connecticut r-1 Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana ni Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State oflllinois r-1 Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana r-1 Hartford Insurance Company of the Southeast,a corporation duly organized under the taws of the State of Florida having their home office in Hartford,Connecticut,(hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of unlimited: Charles J.Nielson,Mary C.Aceves, Charles D.Nielson,Joseph Penichef Nielson,David R.Hoover of Miami Lakes,FL their true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,to sign its name as surety(ies) only as delineated above by 0.14, and to execute, seal and,acknowledge any and all bonds, undertakings, contracts and other written instrumentsin the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on March 1,2016 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. 's4i ,., 113,. tpt,s,� f. {' �= +�: �� li ,,{( it. ) � -�<• o P��ij}!+• ..1:401.104/41S a v�f 'ae.c.. ..,-.1. L i 1��'to13 ir...,......, "d8 i i Y^1�� t '1f1 T z1 �1 • a ^ ,1 • r *i ti ':.•r // b .� 1s ��4. Gt:81� } •. taT lova I9l! E , „vel.7 s ��j John Gray,Assistant Secretary M.Ross Fisher,Senior Vice President STATE OF CONNECTICUT ss, Hartford COUNTY OF HARTFORD On this 5th day of April, 2016, before me personally came M. Ross Fisher,to me known,who being by me duly sworn,did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;.that they were so affixed by authority of the Boards of Directors of said corporations'and that he signed his name thereto by like authority. • swum ///1ll;z ..71tetecl' Nota M.Shanko Notary Public . CERTIFICATE My Commission Expires March 3[,2023 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of April 12th,2019. Signed and seated at the City of Hartford. • `' •� F !9..., : CM '0Nop t i'�lrtet�� r • 'Its ' 1, .{r . . 4.10 a • CJ Y► i. r:E `t T1.104; J,1 ,�i.,,,,,,f., v 4.1 r /OK:a 7 4`!i to 7 4 7. L r 91' • Kevin Heckman,Assistant Vice President ATTACHMENT D INSURANCE REQUIREMENTS 8. Ctrisuranee Requirements; T ' 8.1 The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 17orker's Compensation Insurance.. recuiredr-by-Fiorids, tithrStatat€ry-lfmjts and. Employer's Liability In„s aneewyth_imit.9,t_ro fess ttlan4_$1,.00:0,000jjper ac id`t for bodi)yjnj ry or disease. t-B1 CornmercialnGeneralr lability-If rance-Tbn an 'occurrence) basis, including products and compfetedftoperations, contractual liabdlty,, property.darnage, bock ..jury and personal-.&-;advertisinga n�ury with limits,. no less„than V27000,000 per o_ccurrence-2--- Autorno+ilee Liability insurance covering all ned;non=burned--and�tiredl (vehicles. used in connection with the,work, in an amount not less than $2,000,000.combined.'singlelIn- :per occurrence,-for bodily ijury and prope clam-s;e:.:.--j Ins a ation Floater Insurance against damage or •es rue ion of the materials or.eq "ipment in .transit_to.,or stored on or off-the Project Site,which is to be- , useinstaltedlntoa building or structure) in the Project. (bity of Miami Beach Thal ame as a I g§1Daype,on„this-policy, a" its-interest may appehis/ poi'eys all=remain-in-force until a aeceptance-ofthePproJ bythe City.) CErfribrelfa Lias ility_wwth,lirnits.rna lesslhan 3;000,000'.The u re{la:-cauerage FriiusT-Tbre as broad' as 'The primary. -Genera{—Liabr{r y coverage:7 (Contractors'`-'Poillltio`� Legat Lia ility (it projecf invo'Ves environmental `laaz-ardWwith=limi than-$- 000;f3t 0--per-oCe-urreTice or claim, and L"$ 0,000 policy aggregat . 8.2 Additional Insured Status The City of Miami-Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 8.3 Waiver of Subrogation Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Other Insurance Provisions 1. For any claims related to this project, the Contractors-coverage-shall-be-primary --- insurance as respects the City of Miami Beach, its officials, officers, employees, BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 22 • and volunteers. Any insurance or self-insurance maintained by the City of Miami Beach shall be excess of the Contractor's insurance and shall not contribute with it. 2. Each policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach. 3. If any excavation work is included in the Contract, it is understood and agreed that Contractor's Liability policy shall not contain exclusion for XCU (Explosion, Collapse and Underground) coverage. If any coverage required is written on a claims-made form: 4. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 5. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 6. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase extended period coverage for a minimum of-five (5) years after completion of the contract work. 7. A copy of the claims reporting requirements must be submitted to the City of Miami Beach Risk Management(or its designee)for review. 8. If the services involved lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of"Pollution" shall include microbial matter including mold. 8.4 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless 'otherwise acceptable to the City of Miami Beach Risk Management Office. 8.5 Verification of Coverage Contractor shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them.The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 8.6 Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. BID NO: 2019-128-AG CITY OF MIAMI BEACH MIAMI BEACH 23