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Contract with Structural Preservation Systems, LLCDocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 DocuSign Envelope ID: E7945A80-0010-430E-A918-8ADA07C6F892 Contract No.23-042-01 CONTRACT 6/27/2023 1 12:36 EDT THIS CONTRACT (`Contract) is made and entered into as of the 06/02/2023 by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and STRUCTURAL PRESERVATION SYSTEMS, LLC (the "Contractor"): WITNESSETN, that the Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB-2023-042-DF-77T" STREET BRIDGE OVER TATUM WATERWAY REPAIRS The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs Including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation to Bid are hereby incorporated by reference to the Formal Solicitations Terms & Conditions - Goods and Services dated 10.27.2022, General Conditions for Construction Contracts dated April 13, 2020, and Solicitation Terms & Conditions — Grants and Federal Requirements dated 10.20.2020, are hereby incorporated by reference as if fully set forth herein. Without limiting the foregoing, the Contract Documents expressly include this Contract, Composite Attachment A (the City's Formal Solicitation Terms & Conditions, General Conditions for Construction Contracts, Solicitation Terms and Conditions — Grants and Federal Requirements dated April 20, 2020), Attachment B (Plans and Specifications, Invitation to Bid No. ITB-2023-042-DF-77t" Street Bridge Over Tatum Waterway Repairs and all Addenda thereto), Attachment C ( Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D (insurance requirements). For the avoidance of doubt, all of the documents constituting the Contract Documents now or hereafter existing (including any Change Orders, Work Orders, Field Orders, schedules, shop drawings, issued subsequent to the date of this Contract etc.) shall govern this Project. In consideration of these premises, the City hereby agrees to pay to the Contractor for the work, when fully completed, the total maximum sum of six -hundred fifty-eight thousand, eight -hundred eighty-three dollars and fifty cents ($658,883.50). The Contract Price, consists of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: Total Base Bid + Indemnification...............................................................$597,485.00 Total Permit Allowance Account................................................................$1,500.00 Total Alternate Items (if applicable)... .......... ....... ..............................•.. NONE Total Owner's Contingency....................................................................$59,898.50 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 DocuSign Envelope ID: E7945A80-0010-43OF-A918-8ADA07C6F892 Contract No.23-042-01 Contract Price........... ........................................................................ $658,883.50 The Contract Price, exclusive of the Owner's Contingency and Permit Allowance, includes, without limitation, all costs for all labor, materials, equipment, fixtures, freight, field supervision, supervisory expenses, project vehicles, field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as -built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom, even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form. The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Progress and Final Payments will be made as provided for in the Contract Documents. Contract Time: Days for Substantial Completion: 160 calendar days Days for Final Completion: 20 calendar days Liquidated Damages (as applicable) Failure to achieve. Substantial Completion: $650.00 / day Failure to achieve Final Completion: $650.000 / day 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. [BALANCE OF PAGE INETIONALLY LEF BLANK] DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 DocuSign Envelope ID: E7945A80-0010-430E-A918-8ADA07C6F892 Contract No.23-042-01 The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: City of Miami Beach Public Works Department 1700 Convention Center Drive Miami Beach, FL. 33139 Attn: Aaron Osborne, Project Manager Ph: 305-673-7080 Email: aaronosborne(a)miamibeachfl.gov With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Rafael Paz, City Attorney Ph: 305-673-7000 Email: rafaelpaz miamibeachfl.c For Contractor: Structural Preservation Systems, LLC. Attn: John Fischetti 10150 Old Columbia Road Columbia, MD 21046 Ph: 407-919-3234 Email: ifischetti .structuraltec.com [BALANCE OF PAGE INETIONALLY LEF BLANK] DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 DocuSlgn Envelope ID: E7945A80-0010-43OF-A918-8ADA07C6F892 Contract No.23-042-01 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. FOR CITY: ATTEST: DocuSigned byBy: irwmAh Rafae ranado, City Clerk Date: 6/27/2023 1 12:36 EDT [seal] FOR CONTRACTOR: STRUCTURAL PRESERVATION SYSTEMS, LLC Name: Colin Meneely, Assistant Secretary Date: 06/02/2023 (seal] 4 CITY OF MIAMI BEACH, FLORIDA B: Ina T. Hudak, City Manager APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1 City Attorney tea- Date DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 ATTACHMENT A CITY OF MIAMI BE H R S & COND DocuSign Envelope ID: 7969=0-88713-471 F-960B-A93A0AD43712 MIAMIBEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 1. GENERAL DISCLAIMERS. a. The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Bids made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Bids, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving bids, may accept or reject bids, and may accept bids which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Bids in response to this solicitation. b. The information contained herein is provided solely for the convenience of prospective Bidders. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Bidders should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Bid conforming to these requirements will be selected for consideration, negotiation, or approval. c. Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions (if applicable), which may be found on the City Of Miami Beach website: https://www.miamibeachfl.gov/city-hall/procuremenUprocurement-related-ordinance-and-procedures/ -CONE OF SILENCE —SECTION 2-486 -PROTEST PROCEDURES —CODE SECTION 2-371 -DEBARMENT PROCEEDINGS —SECTIONS 2-397 THROUGH 2-485.3 -LOBBYIST REGISTRATION AND DISCLOSURE OF FEES — SECTIONS 2481 THROUGH 2406 -CAMPAIGN CONTRIBUTIONS BY VENDORS — SECTION 2-487 -CAMPAIGN CONTRIBUTIONS —SECTION 2-488 -EQUAL BENEFITS FOR DOMESTIC PARTNERS — SECTION 2-373 LIVING WAGE REQUIREMENT —SECTIONS 2-407 THROUGH 2-410 -FALSE CLAIMS ORDINANCE —SECTION 70-300 -ACCEPTANCE OF GIFTS, FAVORS & SERVICES — SECTION 2-449 2. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit a bid on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws. Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 4. DEBARMENT ORDINANCE: This solicitation is subject to, and all bidders are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 5. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This solicitation is subject to, and all bidders are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 6. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-37379, the bidder shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 7. AMERICANS WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format, sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 8. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS, The City reserves the right to postpone the deadline for submittal of bids and will I I Solicitation Terms and Conditions — Services (April 13, 2020) DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective bidders through BidSync. 9. PROTESTS. Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2.371 shall be barred. 10. JOINT VENTURES / SINGLE PURPOSE ENTITY. Joint Ventures are not allowed. Bids shall be submitted only by the prime contractor. Bids may, however, identify other sub -contractors or sub -consultants to the prime Bidder who may serve as team members. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, 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 responsive, responsible bidder, by providing such bidder an opportunity of providing said contractual services for the lowest responsive bid amount (or in this solicitation, the highest 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 solicitation 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. 12. AGREEMENT BY BIDDERS. Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in response to bids made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Bids, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re -advertise this solicitation; postpone or cancel, at any time, this solicitation process; or waive any irregularities in this solicitation, or in any responses received as a result of this solicitation. Reasonable efforts will be made to either award the bidder the contract or reject all bids within one -hundred twenty (120) calendar days after Bid opening date. In accordance with Section 47 below, a bidder may withdraw its bid after expiration of one hundred twenty (120) calendar days from the date of bid opening, by delivering written notice of withdrawal to the Procurement Department. 13. COSTS INCURRED BY BIDDERS. All expenses involved with the preparation and submission of Bids, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the bidder, and shall not be reimbursed by the City. 14.000UPATIONAL HEALTH AND SAFETY. The bidderwarrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 15. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 16. MISTAKES. Bidders are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the services relative to this solicitation. Failure to do so will be at the Bidders risk and may result in the Bid being non -responsive. 17. PAYMENT. Payment will be made by the City after the services have been received, inspected, and found to comply with contract specifications, free of damage or defect, and are properly invoiced. 18. PATENTS & ROYALTIES. Bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 19. DEFAULT. Failure or refusal of the successful Bidder to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a bid response before such award is made and approved, may result in a claim for damages by the City, and may be grounds for removing the Bidder from the City's vendor list. 20. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the bidder with/of applicable 2 1 Solicitation Terms and Conditions — Services (April 13, 2020( DocuSign Envelope ID: 79691321DO-B8713-471F-960B-A93AOAD43712 MIAMI BEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) laws will in no way be a cause for relief from responsibility. Bidder agrees that the work and services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules,.and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 21. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 22. NON-DISCRIMINATION. The bidder certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, bidder shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, and political affiliation. 23. DEMONSTRATION OF COMPETENCY. A. Pre -award inspection of the Bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods as described in this solicitation. C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully -equipped and well -established company in line with the best business practices in the industry, and as determined by the City. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidder to show proof that it has been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidders bid may render the bid non -responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to comply with contractual obligations as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization. which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 24. ASSIGNMENT. The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 25. LAWS, PERMITS AND REGULATIONS. The bidder shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 26. OPTIONAL CONTRACT USAGE. When the successful Bidder is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 27. VOLUME OF WORK. To the extent applicable, it is the intent of the City to purchase the services specifically listed in this solicitation. However, the City reserves the right to purchase any services awarded from State or other governmental contracts, or on an as -needed basis through the City's spot market purchase provisions. 28. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contractor agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The bidder's bid in response to the solicitation. In case of any doubt or difference of opinion as to the items and/or services (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 29. INDEMNIFICATION. The Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or 3 1 Solicitation Terms and Conditions — Services (April 13, 2020) DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 MIAMIBEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the Bidder or its employees, agents, servants, partners, principals or subcontractors. The Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Bidder expressly understands and agrees that any insurance protection required by any agreement with the City or otherwise provided by the Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 30. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all bids including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art.1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Bidder agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Bidder upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 31.OBSERVANCE OF LAWS. Bidders are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this solicitation (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Bidder will in no way relieve it from responsibility for compliance. 32. CONFLICT OF INTEREST. All bidders must disclose, in their Bid, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. 33. MODIFICATIONMITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted Bid up until the Bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date, or after expiration of 180 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the Bid due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 34. EXCEPTIONS TO SOLICITATION. Bidders must clearly indicate any exceptions they wish to take to any of the terms in the solicitation, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the bid submittal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the bidder to comply with the particular term and/or condition of the solicitation to which bidder took exception to (as said term and/or condition was originally set forth in the solicitation and any exhibits or Addenda thereto). 35. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Bid. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 36. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from bidders at any time during the solicitation process, unless otherwise noted herein. 37. 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 warrants such determination in the opinion of the City. Bidder shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the 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 proposal opening date and during the time of performance of any contract awarded to it. 4 1 Solicitation Terms and Conditions — Services (April 13, 2020) DocuSign Envelope ID: 7969D2D0-B87D-471 F-960B-A93AOAD43712 MIAMIBEACH SOLICITATION TERMS AND CONDITIONS - SERVICES (April 13, 2020) 38. RELATIONSHIP TO THE CITY. It is the intent of the City, and Bidder's hereby acknowledge and agree, that the successful Bidder is considered to be an independent contractor, and that neither the Bidder, nor the Bidder's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 39. INSPECTOR GENERAL AUDIT RIGHTS A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to the Contractor, the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: I. If this contract is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals orto litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance. of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. Balance of Page Intentionally Left Blank 5 1 Solicitation Terms and Conditions — Services (April 13, 2020) DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27,.2022) GENERAL DISCLAIMERS. a. The solicitation referenced herein is being furnished to the Bidders by the City of Miami Beach (the "City") for the Bidder's convenience. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipients own risk. Bidders should rely exclusively on their own investigations, interpretations, and analyses. Bidders are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and other all instructions pertaining to the goods relative to this solicitation. Failure to do so will be at the Bidder's risk and may result in the Bid being non -responsive. All expenses involved with the preparation and submission of bid, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Bidders, and shall not be reimbursed by the City. b. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Bid conforming to these requirements will be selected for consideration, negotiation, or approval. Any individual that submits a bid in response to this solicitation agrees that any action taken by the City in response to bids made pursuant.to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such bid, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. c. It is the responsibility of each Bidders, before submitting a Bid, to: examine the solicitation thoroughly; visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work; take into account federal, state and local (City and Miami -Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award; study and carefully correlate Bidder's observations with the solicitation. The Bidders shall notify the Chief Procurement Officer of all conflicts, errors, or discrepancies in the solicitation of which Bidders knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidders that Bidders has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. d. Any action taken by the City in response to bids received pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such bid, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving bids, may accept or reject bids, and may accept bids which deviate from the solicitation, as it deems appropriate and in its best interest. The City may postpone the deadline for submittal of bids and may, but is not required to, make a reasonable effort to give at least three (3) calendar days electronic notice of any such postponement. e. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting bid in response to this solicitation. f. Bidders are hereby advised that this solicitation is subject to the following ordinances/resolutions (as applicable), which may be found on the City Of Miami Beach Procurement Department website at https://www.miamibeachfl.00v/City- hall/procurement/orocurement-related-ordinance-and-procedures/. Requirement Code Section or Resolution Cone of Silence 2-486 Protest Procedures 2-371 Debarment Proceedings 2-481 through 2-406 Lobbyist Registration and Disclosure of Fees 2-397 through 2-485.3 . Campaign Contributions by Vendors 2-487 Campaign Contributions by Lobbyists 2-488 Equal Benefits for Domestic Partners 2-373 Living Wage Requirement 2-407 through 2-410 False Claims Ordinance 70-300 Acceptance of Gifts, Favors & Services 2-449 Purchase of Goods and Services Sourced in Resolution 2016-29375 Mississippi Non-discrimination (boycotts). 2016-3990 2. ACCEPTANCE OF GIFTS. FAVORS, SERVICES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Bid. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 3. ASSIGNMENT. No contract shall be assigned, transferred, conveyed, sublet or otherwise disposed, including any or all right, Page I of 7 1 Formal Solicitations Terms and Condlflons - Goods and Services (October 27, 2022) DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022) title or interest therein, or power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 4. CANCELLATION. In the event any of the provisions of this Bid are violated by the Bidders, the City shall give written notice to the Bidders stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the Bidders. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the Bidders. 5. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This solicitation is subject to, and all Bidders are expected to be or become familiarwith, all City lobbyist laws. Bidders shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 6. DEFAULT. Failure or refusal of the successful Bidders to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a bid response before such award is made and approved, may result in a claim for damages by the City, and may be grounds for removing the Bidders from the City's vendor list. 7. DEMONSTRATION OF COMPETENCY. Pursuant to Section 2-369 of the City Code _when determining the lowest and best Bidders, in addition to price, there shall be a consideration of the following: (1) the ability, capacity and skill of the Bidders to perform the contract; (2) whether the Bidders can perform the contract within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience and efficiency of the Bidders; (4) the quality of performance of previous contracts; and (5) the previous and existing compliance by the Bidders with laws and ordinances relating to the contract. In doing so, the City may take any and all actions in deems necessary, including consideration of any legal, financial, operational (facilities, staffing and equipment) factor that may impact the Bidder's ability to successfully perform the contract, and the City may contact any prior or current client, employee or agent of the Bidders. a. The City reserves the right to request supplemental information from Bidders at any time during the solicitation process, unless otherwise noted. 8. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: a. Any contract or agreement resulting from the award of this solicitation; then b. Addendum issued for this solicitation, with the latest Addendum taking precedence; then c. The solicitation; then d. The Bidder's bid in response to the solicitation. Incase of any doubt or difference of opinion as to the items and/or goods (as the case may be) to be furnished hereunder, the decision of the City shall be final and binding on all parties. 9. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 10. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tomado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award -related goods and services to the City on a "first priority" under the emergency conditions noted above. 11. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this -Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low Bidders meets specifications. 12. ENVIRONMENTAL REGULATIONS. The City reserves the fight 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 Bidders not responsible if the history of violations warrants such determination in the opinion of the City. Bidder shall submit with its proposal, a complete history of all. citations and/or violations, notices, and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Bidders that there are no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation which Bidders may receive after the proposal opening date and during the time of performance of any contract awarded to it. 13. EXCEPTIONS TO SOLICITATION. Bidders must clearly indicate any exceptions they wish to take to any of the terns in the solicitation, and outline what, if any, altemative.is being offered. All exceptions and alternatives shall be included and clearly Page 2 of 7 1 Formal Solicitations Terms and Conditions — Goods and Services (October 27, 2022) DocuSign Envelope ID: 79602DO-887D471 F-960B-A93AOAD43712 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022) delineated, in writing, in the bid submittal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Bidders to comply with the particular term and/or condition of the solicitation to which Bidders took exception to (as said term and/or condition was originally set forth in the solicitation and any exhibits or Addenda thereto). 14. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all bids including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Bidders agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the goods; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Bidders upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 15. JOINT VENTURES / SINGLE PURPOSE ENTITY. Joint Ventures are not allowed. bid shall be submitted only by the prime contractor. Bidders may, however, identify sub -contractors or sub -consultants to the prime Bidders who may serve as team members. 16. FORCE MAJEURE. i. A "Force Majeure" event is an event that (1) in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. �. If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (Ili) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. The City may, through its City manager, in its sole and absolute discretion, make amendment or equitable adjustment in the contract terms and conditions and/or pricing to address very limited unforeseen circumstances outside of the successful Bidder's control relating to certain supply chain issues and extreme market volatility. The City may, through its City Manager, but shall have no obligation to consider or otherwise approve an adjustment, where pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace satisfying, at a minimum, all of the following criteria: 1) the volatility is due to causes wholly beyond the successful Bidder's control; 2) the volatility affects the entire marketplace or industry, not just the particular successful Bidder's source of supply; 3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects the successful Bidders that continued performance of the Contract would result in an excessive or unreasonable substantial loss or financial hardship to the Bidders, such as, for example, an event implicating insolvency or bankruptcy. Any adjustment would require irrefutable evidence and written approval by the Chief Procurement Officer. For the avoidance of doubt, this section does not in any way alter or affect the allocation of risk between the City and the Bidders pursuant to the Contract, or Bidder's assumption of all risks relating to its performance in accordance with the Contract terms. d. No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable; in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. Page 3 of 7 1 Formal Solicitations Terms and Conditions — Goods and Services (October 27, 2022) DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October27, 2022) e. Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend theCity's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force,Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a, given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 17. INDEMNIFICATION. The bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the bidder or its employees, agents", servants, partners, principals or subcontractors. The bidder shall pay all claims and losses in connection therewith; and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys fees which may be incurred thereon. The bidder expressly understands and agrees that any insurance protection required by any agreement with the City or otherwise provided by the bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions. shall survive the expiration or termination of this Agreement. 18. INSPECTION, ACCEPTANCE $ TITLE. Inspection and acceptance will. be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful Bidders until acceptance by the City unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the Bidder's expense. 19. INSPECTOR GENERAL AUDIT RIGHTS. a. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, 'perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present, and proposed City programs, accounts, records, contracts, and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. c. Upon ten (10) days written .notice to the Contractor, the Contractor shall make all requested records and. documents available to the Inspector General for inspection and copying: The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee,- inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Contractor, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. d. The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. Page 4 of 7 1 Formal Solicitations Terms and Conditions — Goods and Services (October 27, 2022) DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 MIAMIBEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022) e. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: 1. If this contract is completely or partially terminated, the Contractor shall make available records relating to the work terminated until three (3) years after.any resulting final termination settlement; and ii. The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. f. The provisions in this section shall apply to the Contractor, its officers, agents, employees, subcontractors, and suppliers. The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this contract. g. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 20. LAWS, PERMITS AND REGULATIONS. The Bidders shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 21. LIABILITY INSURANCE, LICENSES AND PERMITS. Where Bidders are required to enter or go on to City of .Miami Beach property to deliver materials or perform work or services as a result of the Bid, the Bidders will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 22. MANNER OF PERFORMANCE. Bidders agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations, and codes. Lack of knowledge or ignorance by the Bidders with/of applicable laws will in no way be a cause for relief from responsibility. Bidders agrees that the work and goods provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidders agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Bidders further certifies that it.and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations it full force and effect during the term of this contract. Failure of Bidders to comply with this paragraph shall constitute a material breach of this contract. 23. MODIFICATION/WITHDRAWALS OF BIDS. A Bidders may submit a modified bid to replace all or any portion of a previously submitted Bid up until the Bid due date and time. Modifications received after the bid due date and time will not be considered. bid shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date, or after expiration of 180 calendar days from the opening of bid without a contract award. Letters of withdrawal received after the Bid due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 24. MULTIPLE AWARD. The City may award two or more vendors (primary, secondary, tertiary, or higher), as available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible Bidders (primary), followed by the second lowest, responsive, responsible Bidders (secondary), and continuing with other responsive, responsible Bidders in order of next best cost. The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in the event that: 1).a contract vendor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. 25. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected, and returned at the Bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the Bidders. Any violation of these stipulations may also result in the Bidder's name being removed from the City's vendor list. 26. NON-DISCRIMINATION. The Bidders certifies and affirms that it is in compliance with and will be bound by the Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 27. NON -EXCLUSIVITY. To the extent applicable, it is the intent of the City to purchase the goods or services specifically listed in the solicitation. However, the City reserves the right to purchase any goods or services awarded from any other governmental or cooperative contract, or on the open market. 28. OCCUPATIONAL HEALTH AND SAFETY. The Bidders warrants to the City that any work, goods, supplies, materials or equipment supplied pursuant to this bid shall conform in all respects to the standards set forth in the Occupational Safety and Page 5 of 7 1 Formal Solicitations Terms.and Conditions - Goods and Services (October 27, 2022) DocuSign Envelope ID: 7969D2D0-B87D-471F-96OB-A93AOAD43712 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022), Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the Bidders. 29. OBSERVANCE OF LAWS. Bidders are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders -and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of goods and/or project contemplated by this solicitation (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Bidders will in no way relieve it from responsibility for compliance. 30. OPTIONAL CONTRACT USAGE. When the successful Bidders agrees, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 31. OSHA. The Bidders warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970,. as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the Bidders. ' 32. OTHER TERMS AND CONDITIONS. Any order pursuant to the contract that includes terms and conditions other than those expressly approved in this solicitation or contract shall be null and void and rejected by the City. 33. PAYMENT. Payment will be made by the City after the goods have been received, inspected, and found to comply with contract specifications, free of damage or defect, and are properly. invoiced. 34. PATENTS $ ROYALTIES. Bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Bidders uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Bid prices shall include all royalties or cost arising -from the use of such design, device, or materials in any way involved in the work. 35. PRICES QUOTED. Prices "quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidders may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest" price during bid evaluation. Bidders are requested to provide .prompt payment terms in the space provided on the Bid submittal signature page of the solicitation: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately; and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not a consideration in determination of award of bid(s). 36. PROTESTS. Any protest concerning the specifications or award of this solicitation shall be in accordance with City Code Section 2-371. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 37. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a•conviction for public entity crimes may not submit a bid on a contract to provide any goods to a public -entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit a bid on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 38. RELATIONSHIP TO THE CITY. It is the intent of the City, and Bidder's hereby acknowledge and agree, that the successful Bidders is considered to be an independent contractor, and that neither the Bidders, nor the Bidder's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 39. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms" and Conditions shall have precedence. 40. TAXES. The City of Miami Beach is exempt from all Federal Excise. and State taxes. 41. TERMINATION FOR DEFAULT. If the successful Bidders shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services than remaining to be performed by giving written notice to the Bidders of such termination, which shall become effective upon receipt by -the Bidders of the written termination notice. In that event, the City shall compensate the successful Bidders in accordance with the term of the contract for all work and/or services satisfactorily performed by the Bidders prior to termination, net of any costs incurred by the City as a consequence of Page 6 of 7 1 Formal Solicitations Terms and Conditions — Goods and Services (October 27, 2022) _ DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 MIAMI BEACH FORMAL SOLICITATIONS TERMS AND CONDITIONS - GOODS & SERVICES (October 27, 2022) the default. Notwithstanding the above, the successful Bidders shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Bidders, and the City may reasonably withhold payments to the successful Bidders for the purposes of set off until such time as the exact amount of damages due the City from the successful Bidders is determined. The City may, at its discretion, provide reasonable "cure period" for any contractual violation prior to termination of the contract; should the successful Bidders fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 42. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at anytime, by giving written notice to the successful Bidders of such termination, which shall become effective thirty (30) days following receipt by Bidders of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful Bidders in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful Bidders, and shall also compensate the Bidders for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful Bidders for any profits that the successful Bidders expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful Bidders upon a termination as provided for in this subsection. 43. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to Bidders certifying that they have implemented a drug free workplace program. A certification forth will be required. In the event of a continued tie between two or more Bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and.Veteran Preference ordinances have been applied or the tie exists between Bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 44. VENUE. Any legal challenges to this Solicitation shall be brought in Miami -Dade County Florida, and if legal action is necessary, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The Bidder and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Solicitation. 45. CONTRACT EXTENSION. The City, through its City Manager, reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 46. AMERICANS WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 47. TRUTH IN NEGOTIATION CERTIFICATE. Any resulting contract, is issued and governed by section 287.055, Florida statutes shall require a truth in negotiation certificate. Execution of the contract by the consultant shall act as the execution of a Truth -in - Negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the contract are accurate, complete, and current as of the date of the contract. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the contract. Page 7 cf 7 I Formal Solicitations Terms and Conditions - Goods and Services (October 27, 2022) DocuSign Envelope ID: 7969D2DO-887D-471 F-960B-A93AOAD43712 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards The following provisions shall be applicable to the Contract and shall supersede any conflicting provisions contained elsewhere in the Contract. A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified acquisition threshold, currently $150,000, the following provisions shall apply: (1) Disputes and Remedies - Disputes arising in the performance of this Contract which are not resolved by the Contractor and the City's project manager or contractor manager, shall be referred, in writing, to the authorized representative of the City Mayor for a decision. If there is a disagreement among the parties regarding the decision of the City Mayor's representative, then either party may submit any claim, counterclaim, dispute and other matters in question between the City and the Contractor arising out of or relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach. (2) Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. (3) Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. B. TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this Contract. The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The City shall be the sole judge of "reasonable costs." C. DEFAULT; REMEDIES; TERMINATION FOR CAUSE The City reserves the right to terminate this Contract, in part or in whole, or place the Contractor on probation, or to avail itself of all other remedies available at law and equity, inclusive injunctive relief and specific performance, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein. Following breach of the Contract by the Contractor, the City shall provide written notice specifying the breach to the Contractor and advising the Contractor that the breach must be cured immediately or this Agreement may be terminated by the City. The City reserves the right to avail itself of any and all remedies available at law or at equity, including claims for damages and injunctive relief. The City further reserves the right to suspend or debar the Contractor in accordance with the appropriate City ordinances, resolutions and/or administrative/implementing orders. The vendor will be notified by letter of the City's intent to terminate if, following the initial notice of breach, the Contractor fails to timely or adequately and to the satisfaction of the City cure said breach. In the event of termination for default, the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re -procurement costs shall be borne by the terminated Contractor. DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 D. EQUAL EMPLOYMENT OPPORTUNITY (1) In connection with the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, sex, age, disability, ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships. Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law., (8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each of Contractor's vendors and subcontractors. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 E. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148) and COPELAND "ANTI -KICKBACK" ACT (18 USC § 40 U.S.C. 3145). The Davis -Bacon Act and the Copeland Anti -Kickback Act only apply to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. They do not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. Accordingly, if applicable to this Contract: (1) All prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §§ 3141-3144, and 314673148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). a) In accordance with the statute, and if applicable, the Contractor must pay all laborers and mechanics employed or working upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) at rates not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The City will attach a copy of the current prevailing wage determination issued by the Department of Labor to this form. b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis —Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of 29 CFR §5.5; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). c) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of 29 CFR § 5.5) and the Davis —Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract. Contractors and Subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor or subcontractor shall insert in any subcontracts the clause in these subparagraphs (G)(1) and (2), and also a clause requiring the subcontractors to include this clause in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with this clause. A breach of this clause may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962,40 U.S.C. §§ 3702 AND 3704. If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. §§ 3702 and 3704, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a workweek. In the event of any violation of the preceding clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth herein, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required. The City shall upon its own action or upon written request of an authorized representative of the Department of Laborwithhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided herein. The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F) herein also a'clause requiring the subcontractors to include this clause in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in herein. G. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. H. THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL WATER POLLUTION CONTROL ACT, as amended, 33 U.S.C. §§ 1251-1387. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. and issued pursuant to the Federal Water Pollution Control Act, as amended,.33 USC §1251 et. seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the City, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. ENERGY CONSERVATION. Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321 et seq.) and (42 U.S.C. 6201). DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a provision requiring such compliance in its lower tier covered transactions. (2) By signing and submitting this form, the Contractor shall also execute and provide the City with, and require all lower tiered contractors to also execute, the certification set out in "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower tier Covered Transaction" attached hereto. The Contractor shall require all lower tier participants to agree that they: a. shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City; and ii. they will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion", and the certification form, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The Contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Contractor may decide the method and frequency by which it determines the eligibility of its principals. The Contractor may, but is not required to check the Non -procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Contractor and any other participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City may pursue available remedies including suspension and/or debarment. K. BYRD ANTI -LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS. Contractors who apply or bid for or have received an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. DocuSign Envelope ID: 7969D2D0-B87D-471F-96OB-A93AOAD43712 L. RECYCLEDPRODUCTS/RECOVERED MATERIALS The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962), including but not limited to, the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.All goods and/or services to be purchased as a result of any award under this Contract shall be in accordance with all applicable governmental standards, including, but not limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory agencies that govern the commodities or services applicable to this solicitation, during the term of any contract resulting from this solicitation. In the performance of this Contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting Contract performance requirements; or (3) At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/regulatory- background- com prehensive-procurement-guideline-program-cpg. M. CONTRACTING WITH SMALL AND MINORITY BUSINESS, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS, C.F.R. § 200.321(G). Pursuant to C.F.R. 200.321(g), the City will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; an (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) above. N. ACCESS TO RECORDS. In addition to the provisions contained in the Contract, the following access to records requirements apply to this Contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The Contractor hereby acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to the Contract. P. DHS SEAL, LOGO, AND FLAGS. The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Q. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. R. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the Contract. S. CHANGES The Contract may be modified by mutual consent, in writing through the issuance of a modification to the Contract. T. INDEMNIFICATION For any work performed on Federally funded projects, the Contractor agrees to indemnify and hold harmless the Federal Government, its employees and/or contractors, the County, its employees and/or contractors, and the City and its employees and/or contractors from liability to third parties for claims asserted under the contract. U. E-VERIFY. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 ATTACHMENT B ADDENDA AND ITB SOLICITATION DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3ro Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO.4 INVITATION TO BID NO.2023-042-DF 77th STREET BRIDGE OVER TATUM WATERWAY REPAIRS January 13, 2023 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. REVISION: ITB DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Wednesday January 18, 2023. Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 299 276 819 927 Passcode: TffZgk Download Teams I Join on the web Or call in (audio only) Phone Number: +1 786-636-1480, United States, Miami Phone Conference ID: 205 133 469, then # II. REVISION: DELETE Appendix C - Schedule of Values of the ITB, in its entirety and REPLACE with the attached REVISED Appendix C - Schedule of Values, attached hereto as Attachment A. 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.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 DannyFlores@miamibeachfi.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. S erely, Kr' Bada Procurement Contracting Manager ADDENDUM NO.4 INVITATION TO BID NO.2023-042-DF 77TH STREET BRIDGE OVER TATUM WATERWAY REPAIRS DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 REVISED APPENDIX C MIAMI BEACH SCHEDULE OF VALUES DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 SCHEDULE OF VALUES Bidders should fully complete the Schedule of Values to include quantities, units of measure, unit pricing, and totals. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. LINE ITEM DESCRIPTION EST. • •TOTAL BRIDGE REPAIR 1 Object Marker Signs OM2-1 V 4 Each $ $ 1 Each 2 Light Pole Replacement $ $ Metal Traffic Railing, Steel Post 15.75 Linear Feet 3 and Rail (Replacement) $ $ Metal Traffic Railing, Steel Post and Rail Corrosion Clean and 20 Square Feet 4 Galvanized Coat $ $ 21 Lump Sum 5 Paver $ $ Epoxy Resin for Under Water Concrete Crack (Two Part Component, High Solid, Low- 5.73 Linear Feet 6 Viscosity) $ $ Epoxy Resin for Above Water Concrete Crack (Two Part 13.36 Linear Feet Component, High Solid, Low- 7 Viscosity) $ $ Concrete for Spalls Repairs (5500 8 psi, Type IV Portland Cement)$ 7.16 Cubic Yard $ Expansion Joint Replacement 196.30 Linear Feet 9 Joint with Backer Rod and Seal)$ $ 0.25 Cubic Yard 10 Barrier Wall Reconstruction $ $ 0.72 Cubic Yard 11 Header Curb Reconstruction $ $ Standard Integral Pile Jacket, 12 Structural, 16.1" to 30" 92 Linear Feet $ $ 4 Each 13 Proiect Information Si ns $ $ • 714 Trash Removal and Disposal - 1 Lump Sum Including Disposal Fee $ $ DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 90 Per Day 15 MOT and Equipment $ $ 3 Per Month 16 Bare Rental $ $ 180 Linear Feet $ 17 Floating Turbidity Barrier $ 18 1 Mobilization 1 Lump Sum $ $ TOTAL BASE BID AMOUNT$ DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 3 INVITATION TO BID NO. 2023-042-DF 77th STREET BRIDGE OVER TATUM WATERWAY REPAIRS January 5, 2023 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). REVISION: ITB Summary - Submittal Requirements - Submittal Format & Requirements of the ITB, is hereby amended as follows: TAB 2: BID PRICE FORM & BID BOND The following documents shall be submitted With the by the deadline for submittal of bids, with the exception of the Schedule of Values: Bid Price Form. (Appendix A) submitted by the deadline for submittal of bids. Bid Bond Form. (Appendix B) submitted by the deadline for submittal of bids. If the requirement applies, the original bid bond must be mailed or delivered to the address below by the deadline for submittal of bids in the amount of 5% of the total base bid amount, payable to City of Miami Beach, Florida. Failure to submit the original bid bond to the address below by the deadline for submittal of bids shall result in the bid being deemed non -responsive. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, 33139 FAILURE TO SUBMIT THE MOST RECENT COMPLETED: 1) BID PRICEI, FORMINCLUDING OF VALI (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) AND 2) BID BOND BY THE DEADLINE FOR SUBMITTAL OF BIDS SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. 3. Schedule of Values (Appendix C) submitted with bid or within three (3) days of request from the Citv. II. REVISION: DELETE Appendix C - Schedule of Values of the ITB, in its entirety and REPLACE with the attached REVISED Appendix C - Schedule of Values, attached hereto as Attachment A. III. REVISION: DELETE Appendix G - Plans and Specifications of the ITB, in its entirety and REPLACE with the attached REVISED Appendix G - Plans and Specifications, attached hereto as Attachment B. 1 I ADDENDUM NO.3 INVITATION TO BID NO.2023-042-DF 77TH STREET BRIDGE OVER TATUM WATERWAY REPAIRS DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov IV. REVISION: ITB Summary - ITB Information & General Requirements - Estimated Budget of the ITB, is hereby amended as follows: Estimated Budget: $520,000.09 $640,000.00 V. ATTACHMENT(S): Attachment A: Revised Appendix C - Schedule of Values Attachment B: Revised Appendix G - Plans and Specifications VI. RESPONSES TO QUESTIONS RECEIVED: Q1: What is the engineer's dollar estimate for this project? Al: $637,411.00 Q2: When do you anticipate NTP? A2: Estimated start is March/April 2023. For additional information refer to the General Conditions for Construction Contracts (Standard Terms And Conditions - City of Miami Beach (miamibeachfl.gov) - Article 3. Contractor's Duties and Responsibilities - Subsection 3.3 Notices to Proceed. Q3: Would the C.O.M.B be able to provide the performance specifications for the Cathodic Protection jackets in the plans? A3: Cathodic protection is not intended for this project. Q4: Would the C.O.M.B consider utilizing an alternative Cathodic protection jacket systems that meets or exceeds the performance specification of the pile jacketing system in the plans as an alternate approach? A4: See Q3 response. Q5: Would the C.O.M.B consider utilizing a Value Engineering approach on the pile repair details? A5: Refer to the General Conditions for Construction Contracts (Standard Terms And Conditions - City of Miami Beach (miamibeachfl.gov) - Article 14 - Miscellaneous - Subsection 14.6 Value Engineering. 2 1 ADDENDUM NO.3 INVITATION TO BID NO.2023-042-DF 77TH STREET BRIDGE OVER TATUM WATERWAY REPAIRS DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www,miamibeachfl.gov Q6: Would the C.O.M.B be able to provide details on the connection details of the cathodic protection anode to the existing reinforcing steel? A6: See Q3 response. Q7: In the photos provided in the plans package, some of the piles shown exhibit heavy deterioration. Would the C.O.M.B. and the E.O.R. work with the awarded contractor toward any necessary solutions which may be needed, should the actual conditions at time of construction, require additional steel reinforcement materials at these areas? A7: Yes, please refer to the General Conditions for Construction Contracts (Standard Terms And Conditions - City of Miami Beach (miamibeachfl.gov), Article 10. Changes in the Work; Extensions to the Contract Time. Q8: Is the utilization of a third party Cathodic Protection Specialist for QA/QC of the awarded contractor required and part of this contract? A8: See Q3 response. Q9: Please advise as there are no "above water Concrete Spall" pay item in SOV. (Top of the deck/Roadway, Underside Deck) Is there going to be a change to SOV to reflect it? Or which pay item should it go under? A9: Please refer to Attachment A — Revised Appendix C - Schedule of Values, specifically line item No. 8. 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.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext.26652 Dann Flores@miamibeachfi.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Si c rely, Kr y Bada P curement Contracting Manager 3 1 ADDENDUM NO.3 INVITATION TO BID NO. 2023-042-DF 77TH STREET BRIDGE OVER TATUM WATERWAY REPAIRS DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3,d Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 INVITATION TO BID NO.2023-042-DF 77th STREET BRIDGE OVER TATUM WATERWAY REPAIRS December 30, 2022 This Addendum to the above -referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: ITB DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Friday, January 13, 2023. Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 299 276 819 927 Passcode: TffZgk Download Teams I Join on the web Or call in (audio only) Phone Number: +1 786-636-1480, United States, Miami Phone Conference ID: 205 133 469, then # All bids received and time stamped through PericopeS2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. 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.gov Contact: Telephone: Email: Danny Flores 305-673-7000 ext. 26652 Dann Flores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, Natalia Delgado Procurement Officer III ADDENDUM NO.2 INVITATION TO BID NO. 2023-042-DF FOR 77th STREET BRIDGE OVER TATUM WATERWAY REPAIRS DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 INVITATION TO BID NO. 2023-042-DF 77th STREET BRIDGE OVER TATUM WATERWAY REPAIRS December 14, 2022 This Addendum to the above -referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). REVISION: ITB DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Friday, January 6, 2023. Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 299 276 819 927 Passcode: TffZgk Download Teams I Join on the web Or call in (audio only) Phone Number: +1 786-636-1480, United States, Miami Phone Conference ID: 205 133 469, then # All bids received and time stamped through PericopeS2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. 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.gov fContact: Telephone: Email: Danny Flores 305-673-7000 ext. 26652 DannyFlores@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your ITB submission. Sincerely, Natalia Delgado Procurement Officer III ADDENDUM NO.1 INVITATION TO BID NO. 2023-042-DF FOR 77th STREET BRIDGE OVER TATUM WATERWAY REPAIRS DocuSign Envelope ID: 79602DO-138713-471 F-960B-A93AOAD43712 ITB SUMMARY The purpose of this ITB Summary is to summarize the major terms, conditions and requirements of the ITB. Bidders shall note that various paragraphs within these bid documents have a box (❑ ) which may be checked ( ® ). If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. It is the Bidder's responsibility to become familiar with all terms, conditions and requirements of the ITB, whether or not included in the ITB Summary. Further, it is the Bidder's responsibility to make note of and account for any revisions to any portion of the ITB Summary that may result from an addendum to the ITB. ITB Information & General Requirements ITB No.: 2023-042-DF ITB Title: 77T" STREET BRIDGE OVER TATUM WATERWAY REPAIRS Date of Issuance: November 16, 2022 Project Description & 77th Street Bridge over Tatum Waterway is located between Hawthorne Scope of Work: Avenue and Tatum Waterway Drive within the Biscayne Point neighborhood. According to the recent Florida Department of Transportation (FDOT) Bridge Inspection Reports from 2014 to 2022, this bridge has consistently received a sufficiency rating between 61.9 & 62.5. Since the rating is below the FDOT recommended minimum threshold of 70, improvements are proposed to bring the bridge into compliance. This Project will include enhancements to the bridge's substructure and superstructure. Elements of the bridge affected by the repairs are identified in the plans and specifications. Construction tasks for the Project include but are not limited to rebar replacement, pile jacket installation, and concrete repair (cracks, spalls, and delamination). Regulatory agencies' permits and exemptions acquired: Miami -Dade County DRER: Class I Construction Permit; U.S. Army Corps of Engineers: No permit required correspondence; CMB Building Department: No permit required letter; FDEP: ERP Exemption Letter; and SFWMD: ERP Exemption Letter. Approvals to be obtained by Contractor: U.S. Coast Guard: Construction Navigation Clearance, and Miami -Dade County DRER: Class I Construction Permit — Notice of Commencement of Construction. Additional specifications can be found in Appendix G. 77th Street between Hawthorne Avenue and Tatum Waterway Drive Project Site: (25051'42.7"N 80007'41.4"W) Miami Beach, Florida 33141 Estimated Budget: $520,000.00 Procurement Contact: Name: Danny Flores Telephone: 305-673-7000 ext. 26652 Email: dannyflores(Dmiamibeachfl.gov DocuSign Envelope ID: 7969D2DO-B87D-471 F-96OB-A93AOAD43712 Cone of Silence: Bidders are hereby advised that, pursuant to Section 2-486 of the City Code, this solicitation is under the Cone of Silence law. 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(a�miamibeachfl.gov. Reference: Section 0400, Solicitation Terms and Conditions Important Dates Due Date & Time for Bid The deadline for submittal of bids is 3:00 PM, on December 16, 2022 Submittal: Join on your computer, mobile app or room device Due date may be modified by addendum to the ITB. It is important that Bidder download all addenda. Click here to join the meeting Meeting ID: 299 276 819 927 Passcode: TffZgk Download Teams I Join on the web Or call in (audio only) Phone Number: +1 786-636-1480, United States, Miami Phone Conference ID: 205 133 469, then # Bidders are cautioned that late bids can not be submitted. Bidders are fully responsible for assuring that bids are received by the deadline. Pre -Bid Conference: Date: November 30, 2022 Time: 1:30 PM ET ® Pre -Bid Conference will Location: via Microsoft Teams be held. Join on your computer, mobile app or room device ❑ Pre -Bid Conference is Mandatory. Click here to join the meeting Meeting ID: 233 577 735 600 ❑ A Pre -Bid Conference Passcode: 4APhVr will not be held. Download Teams I Join on the web Or call in (audio only) Phone Number: +1 786-636-1480 United States, Miami Phone Conference ID: 838 299 569, then # Reference: Section 0100, Sub -section 6, Pre -Bid Interpretations. DocuSign Envelope ID: 7969D2D0-887D-471F-960B-A93AOAD43712 Site Visit: Date: November 30, 2022 Time: 11:00 AM ET ® Site Visit will be held. Location: 77th Street between Hawthorne Avenue and Tatum Waterway Drive ❑ Site Visit is Mandatory. Miami Beach, FL 33139 GPS Coordinates: (25°51'42.7"N 80°07'41.4"W) ❑ Site Visit will not be held. Last Day for Receipt of December 6, 2022 by 5:00 PM ET Questions: Questions will be allowed up to 10 days before the initial deadline for submittal of Bids. Questions must be directed to dannvflores(cD-miamibeachfl.gov with a copy to the City Clerk rafaelgranadoiccDmiamibeachfl.gov. Reference: Section 0100, Sub -section 6, Pre -Bid Interpretations. Project Specific Information & Requirements Minimum Requirements: Bids from bidders that do not meet the following Minimum Requirements shall be deemed non -responsive and shall not be considered. ® Shall apply. 1. Licensing Requirements. Bidder shall be State of Florida Certified ❑ Shall not apply. General Contractor OR Miami Dade County Licensed General Contractor to be considered for award. Submittal Requirement: Provide copy of license. Previous Experience of Bidder (Firm or its principal). Bidder or its principal must have been awarded a minimum of three (3) projects of similar size and scope within the last five (5) years, two (2) of which must be completed, and the third may be ongoing. A project of the similar size and scope shall be defined as the construction or repair of concrete bridges. Submittal Requirement for each Project: 1) Name of Bidder or Principal, 2) Project Owner Name, 3) Contact Name, Telephone & Email, 4) Project Address, 5) Narrative on Scope of Services Provided, 6) Contract amount and completion date. 3. Previous Experience of Bidder (Firm) Lead Project Manager. Bidder's Lead Project Manager must have completed at least two (2) projects with similar size and scope. A project of the similar scope shall be defined as the construction or repair of concrete bridges. Submittal Requirement for each project: 1) Name of proposed Lead Project Manager 2) Contact Name, Telephone & Email, 3) Project Address, 4) Narrative on Scope of Services Provided, 5) Contract amount and completion date. 4. Previous Experience of Bidder (Firm) Superintendent. Bidder's Superintendent must have completed at least two (2) projects with DocuSign Envelope ID: 7969D2D0-B87D-471F-960B-A93AOAD43712 similar size and scope. A project of the similar scope shall be defined construction or repair of concrete bridges. Submittal Requirement for each project: 1) Name of proposed Superintendent 2) Contact Name, Telephone & Email, 3) Project Address, 4) Narrative on Scope of Services Provided, 5) Contract amount and completion date. Reference: Section 0200. Bid Bond Requirements: If the requirement applies, the original bid bond must be mailed or delivered to the address below by the deadline for submittal of bids in the ® Shall apply. amount of 5% of the total base bid amount, payable to City of Miami Beach, Florida. ❑ Shall not apply. Failure to submit the original bid bond to the address below by the deadline for submittal of bids shall result in the bid being deemed non -responsive. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, 33139 Reference: Appendix B Bid Bond Form Section 0100, Sub -section 8, Bid Bond. Davis -Bacon Wage Rates: If the requirement applies, Bidder agrees it, and its sub -contractors, shall pay laborers and mechanics employed under the contract no less than the ❑ Shall apply. prevailing wage rate and fringe benefit payments to be used in implementation of this article shall be those last published by the United ® Shall not apply. States Department of Labor in the Federal Register prior to the date of issuance of the ITB. Insurance: TYPE 10 — CONSTRUCTION W/O DESIGN AND PROFESSIONAL SERVICES (INSTALLATION FLOATER) ® Shall apply. INSURANCE REQUIREMENTS ❑ Shall not apply. The Contractor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit (i) a written statement detailing the number of employees and that they are not DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than 2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project or the general aggregate limit shall be twice the required occurrence limit. C. Automobile Liability Insurance covering any automobile, if Contractor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $2,000,000 combined per accident for bodily injury and property damage. D. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the Project and no coinsurance penalty. (City of Miami Beach shall be named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the Project by the City.) E. Umbrella Liability Insurance in an amount no less than $10,000,000 per occurrence. 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. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: City of Miami Beach c/o Exigis Insurance Compliant Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(a)riskworks.com 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. Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligation under this section or under any other section of this agreement. Contract Price: As indicated, contract pricing shall be based on lump sum or unit pricing in accordance with Section 0400, Terms and Conditions of the Contract. ® Lump sum pricing shall Award shall be made in accordance with Section 0100, Instructions to apply. Bidders subsection 10, Method of Award. ❑ Unit pricing . DocuSign Envelope ID'. 7969D2DO-B87D-471F-96OB-A93AOAD43712 Alternates: In determining lowest bid, the City may consider the total base bid cost or the cost of the total base bid plus any selected alternates (as applicable). ❑ Included. The consideration of any bid alternate (if applicable) shall be solely at the City's discretion. If applicable, bid alternates will be detailed in the Bid Price ® Not Included. Form, Appendix A. Determination of award (including whether bid alternates will be included in the award) shall be made in accordance with Section 0100, Instructions to Bidders subsection 10, Method of Award. Contract Time & Schedule: Days for Substantial Completion: 160 days Days for Final Completion: 20 days Project Scheduling Software Required: ❑ Bar Chart ❑ Computerized CPM using Primavera "P6" software ❑ Modified CPM ® Microsoft Project Reference: Section 0400, Terms and Conditions of the Contract. Liquidated Damages: 1. Failure to achieve Substantial Completion: 650/da 2. Failure to achieve Final Completion: 650/da ® Shall apply. ❑ Shall not apply. Reference: Section 0400, Terms and Conditions of the Contract. Local Workforce If the requirement applies, the Bidder agrees it, and its subcontractors, Participation: shall make its good -faith, reasonable efforts to promote employment opportunities for Miami -Dade County residents by seeking to achieve a ❑ Shall apply. project goal of having thirty percent (30%) of all construction labor hours performed by Miami -Dade County residents. The contractor shall also ® Shall not apply. make its best reasonable efforts to promote employment opportunities for Miami Beach residents. Refer to Section 0100, Sub -section 9, Prevailing Wage Rates & Local Workforce Participation and City Code Sec. 31-40. - Local workforce participation goals and reporting requirements for city construction contracts. Minimum % of Self -Work Minimum % of the Work Contractor self -perform with its own forces: 80% Requirement: See Section 0400, Terms and Conditions of the Contract. ® Shall apply. ❑ Shall not apply. Performance & Payment See Section 0400, Terms and Conditions of the Contract. Bond Requirements: 1. Formal Solicitations Terms and Conditions for Goods and Services AND ® Shall apply. 2. General Conditions for Construction Contracts ❑ Shall not apply. DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 Certified Payroll Reporting Pursuant to City Code Section 31-32, Awarded contractor must submit Requirement: certified payroll records along with each payment application, to allow the city to verify the wage rates paid to construction workers performing work ❑ Shall apply. on city projects. ® Shall not apply. All certified payroll records submitted to the City shall, at a minimum, include the name, address or zip code, labor classification, hours worked, and hourly base rate paid for each laborer, mechanic and apprentice employed by any contractor or subcontractor on the work covered by the city construction contract. Prevailing Wage Rates: If the requirement applies, Bidder agrees it, and its subcontractors, shall pay laborers and mechanics employed under the contract no less than the ❑ Shall apply. prevailing wage rate and fringe benefit payments to be used in implementation of this article shall be those last published by the United ® Shall not apply. States Department of Labor in the Federal Register prior to the date of issuance of the ITB Refer to Section 0100, Sub -section 9, Prevailing Wage Rates & Local Workforce Participation and City Code Sec. 31-27. - Establishment of minimum wages for city construction contracts. Required Permits: PERMITS: The CONTRACTOR shall obtain and pay for any permits that may be required for execution of the work, including but not limited to: ® Shall apply. 1. City of Miami Beach Public Works Department. ❑ Shall not apply. 2. United States Army Corp of Engineers, if required. 3. Florida Department of Environmental Protection (FDEP), if required. 4. South Florida Water Management District, if required. 5. Miami -Dade Department of Environmental Resources Management (DERM), if required. Trench Safety Act Reference: Section 0100, Sub -section 12, Florida Trench Safety Act. Requirements: ® Shall apply. ❑ Shall not apply. Consultant: Stanley Consultants, Inc 1641 Worthington Road, Suite 400 West Palm Beach, Florida 33409 Submittal Requirements Submittal Location: Bids will be submitted ELECTRONICALLY ONLYthrough Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bid sync. com). Submittal Format & Bids are to be submitted ELECTRONICALLY ONLY, contain all Requirements: information, and organized in accordance with Section 0300, including: BID SUBMITTAL QUESTIONNAIRE -- CONSTRUCTION DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 c i; E submit the Bid Submittal Questionnaire — Construction; The questionnaire an online fillable form that must be completed and submitted lectronically via Periscope S2G. -AB 1: MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS Submit evidence, as specifically requested in the ITB Summary, of compliance with each minimum requirement(s) of this ITB. Bidders that do not comply, or for whom the City cannot verify compliance, shall be deemed non -responsive and its bid shall not be considered. TAB 2: BID PRICE FORM & BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Price Form. (Appendix A) 2. Bid Bond Form. (Appendix B.) If the requirement applies, the original bid bond must be mailed or delivered to the address below by the deadline for submittal of bids in the amount of 5% of the total base bid amount, payable to City of Miami Beach, Florida. Failure to submit the original bid bond to the address below by the deadline for submittal of bids shall result in the bid being deemed non- responsive. TAB 3: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, 33139 3. Schedule of Values (Appendix C). DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 Submit other forms if required in the ITB Summary, including but not limited to: 1. Local Workforce Participation Program Responsible Contractor Affidavit Form (Appendix D) If ITB Summary indicates a Local Workforce Participation Program is applicable then this form must be submitted. 2. Trench Safety Certification Form (Appendix E) If ITB Summary indicates a Trench Safety Act is applicable then this form must be submitted. DocuSign Envelope ID. 7969D2DO-B87D-471 F-96OB-A93AOAD43712 TABLE OF CONTENTS SOLICITATION SECTIONS: 0100.......................................................................................... INSTRUCTIONS TO BIDDERS 0200............................................................................................. MINIMUM QUALIFICATIONS 0300.................................................................................................BID SUBMITTAL FORMAT 0400.............................................................. TERMS & CONDITIONS (Under separate cover) APPENDICES: APPENDIXA.................................................................................................. BID PRICE FORM APPENDIXB................................................................................................... BID BOND FORM APPENDIXC........................................................................................ SCHEDULE OF VALUES APPENDIX D .................. PREVAILING WAGES AND LOCAL WORKFORCE PARTICIPATION APPENDIX E...........................................................TRENCH SAFETY CERTIFICATION FORM APPENDIXF................................................................................................... CONTRACT FORM APPENDIX G.................................................................... LIST OF PLANS & SPECIFICATIONS APPENDIXH.............................................................................POST AWARD FORMS DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 General. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Bidders to submit their qualifications and bid (the "Bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Bidders and, subsequently, the successful Bidder(s) (the "contractor[s]") if this ITB results in an award. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Proposer who has received this ITB by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. Background and Scope of Work. The Project is described more fully in the Invitation to Bid Summary (and/or the exhibits referenced therein). 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: a. Examine the Contract Documents thoroughly. b. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. c. 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. d. Study and carefully correlate Bidder's observations with the Contract Documents. e. Carefully review the Contract Documents and notify City 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 Project Site/Location of the Work specified in the Invitation to Bid Summary (the "Project Site"). Pre -Bid Interpretations. Only those questions answered by the City's Procurement Department, via written addendum to this ITB, shall be binding as to this ITB. City's answers DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 to questions may supersede terms noted in this ITB, and in such event, such answers shall govern and control this ITB. Verbal and other interpretations or clarifications of City representatives or employees 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. Electronic 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 Section 0300 and must be received on or before the deadline for the submittal of bids. Late bids will not be accepted and will not be considered. It is the Bidder's responsibility to account any possible delay. Bid Bond. If the Invitation to Bid Summary specifies that a bid bond is required, Bidder shall submit, BY THE DEADLINE OF SUBMITTAL FOR BIDS (fully executed), an original bid bond, in a form acceptable to the City, executed by a surety company meeting the qualifications specified herein, in the amount of 5% of the total base bid amount, payable to City of Miami Beach, Florida. In the alternative, Bidder may submit a certified check or cashier's check issued by any national or state bank (United States). 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 (recorded by Miami Dade County) and Certificate(s) of Insurance, within ten (10) calendar days after the bidder's receipt of the Contract for execution, or failure to comply with any other requirements set forth herein. Bid bonds of the unsuccessful Bidders will be returned after award to the successful Bidder. 9. Prevailing Wage Rates & Local Workforce Participation. See ITB Bid Summary to determine if prevailing wages and local workforce participation are a requirement of this ITB. If required, 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 B for additional information and submittal requirements of these programs, and the applicable prevailing wage table for the Project. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 10. Method of Award. The City Manager may recommend to the Mayor and City Commission award to the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB. On the Bid Price Form (Appendix A), the Bidder must state its Total Base Bid, which includes the cost of the base project scope requirements (inclusive of all terms, conditions, specifications, plans, and any other requirement), and the Grand Total Bid, which includes the Total Base Bid plus permit and trench safety indemnification allowances. The Bid Price Form (Appendix A) may also include Additive Alternates, which add certain additional scope elements, and Deductive Alternates, which reduce certain scope elements. The City may consider additive or deductive bid alternates to achieve the maximum project scope within the available budget. When bids are below the stated budget, the City may consider including one or more Additive Alternate, in the order of priority stated, in determining the lowest responsive, responsible bidder. When bids are above the stated budget, the City may consider including one or more Deductive Alternate, in the order of priority stated, in determining the lowest responsive, responsible bidder. The responsive, responsible bidder submitting the lowest sum of the Grand Total Bid plus any alternates selected by the City shall be considered the lowest responsive, responsible bidder. In addition to price, the following factors, pursuant to Section 2-369 of the City Code, shall be considered: • The ability, capacity and skill of the Bidder to perform the Contract. • Whether the Bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputation, judgment, experience and efficiency of the Bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the Bidder with laws and ordinances relating to the Contract. The City Manager shall also have the authority to reject any and all bids, pursuant to Section 2-367 of the City Code. The City Commission may 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 approval of the City Manager's recommendation by the City Commission shall not constitute a binding contract between the City and the selected Bidder(s). A binding contract will exist upon the complete execution and delivery of the City's contract. 11. Contract Price. The Contract Price consists of the total base bid amount and the owner's contingency (to be used solely by the City at its sole discretion for the purpose described in that Contract Documents). The Contract Price, exclusive of the Owner's Contingency, includes, without limitation, all costs for all labor, materials, equipment, fixtures, freight, field supervision, supervisory expenses, project vehicles, field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as- DocuSign Envelope ID. 7969D2DO-B87D-471F-96OB-A93AOAD43712 built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom, even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form. 12. Florida Trench Safety Act. If the work involves trench excavations that will exceed a depth of 5 feet, the requirements of Florida Statutes, Chapter 553, Part III, Trench Safety Act, will be in effect. The Bidder, by virtue of submitting a bid, certifies that such Act will be complied with during the execution of the work. Bidder acknowledges that the total bid price includes all costs for complying with the Florida Trench Safety Act. The Trench Safety Certification Form can be found in Appendix D. If ITB Summary indicates a Trench Safety Act is applicable, then this form must be submitted. 13. E-Verify. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 14. How to Manage or Create a Vendor Profile on Vendor Self Service (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self -Service (VSS) webpage (https://selfservice.miamibeachfi.gov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupport(a)miamibeachfl.gov . 15. Supplier Diversity. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami -Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami -Dade County, click on the link below to be added to the City's supplier registry (Vendor Self -Service) and bid system (Periscope S2G, Supplier -to - Government). These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city- hal I/procurement/how-to-become-a-vendor/. DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 The Minimum Eligibility Requirements for this solicitation are listed in the ITB Bid Summary. Bidders that fail to comply with minimum requirements shall be deemed non -responsive and shall not have its bid considered. Rest of page left blank intentionally. DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 SECTION 0300 — ELECTRONIC BID SUBMITTAL FORMAT 1. ELECTRONIC RESPONSES (ONLY). Bids must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the deadline for bid submittals. The City will only consider the latest version of the bid. Electronic bid submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments is uploaded successfully. Only bid submittals received and time stamped by Periscope S2G (formerly BidSync) prior to the bid submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submitall of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2G(a)periscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for bid submittals. REQUIRED DOCUMENTS. Failure to submit the following requirements shall result in a determination of non -responsiveness. Non -responsive bids will not be considered. a. Bid Submittal Questionnaire (The questionnaire is not a part of the ITB it is an online fillable form that must be completed and submitted electronically via Periscope S2G.) b. Bid Price Form (Appendix A) c. Bid Bond (Appendix B) If ITB Summary indicates a bid bond is required then a fully executed bid bond must be submitted by the deadline for submittal of bids) d. Schedule of Values (Appendix C) Shall be submitted with bid or within three (3) days of request from the City. 3. OMITTED INFORMATION. The City reserves the right to request any documentation omitted, with exception of the required documents set forth in section 2 above, which must be submitted at time of bid. Bid Submittals received without the Bid Price Form or Bid Bond (if applicable), or with an incomplete Bid Price Form or Bid Bond (if applicable), shall be deemed non -responsive. Bidder must submit any other omitted documentation within three (3) business days upon request from the City, or the bid may be deemed non -responsive. Non -responsive bid packages will receive no further consideration. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the in the review of bid submittals, it is strongly recommended that bids be organized and tabbed in accordance with the tabs, and sections as specified in the below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in Periscope S2G. TAB 1: MINIMUM QUALIFICATIONS AND SUBMITTAL REQUIREMENTS Submit evidence, as specifically requested in the ITB Summary, of compliance with each minimum requirement(s) of this ITB. Bidders that do not comply, or for whom the City cannot verify compliance, shall be deemed non -responsive and its bid shall not be considered. TAB 2: BID PRICE FORM & BID BOND The following documents shall be submitted with the by the deadline for submittal of bids: 1. Bid Price Form (Appendix A) 2. Bid Bond. (Appendix B) If the requirement applies, the original bid bond must be mailed or delivered to the address below by the deadline for submittal of bids in the amount of 5% of the total base bid amount, payable to City of Miami Beach, Florida. Failure to submit the original bid bond to the address below by the deadline for submittal of bids shall result in the bid being deemed non -responsive. City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, 33139 FAILURE TO SUBMIT THE MOST RECENT COMPLETED: 1) BID PRICE FORM, INCLUDING SCHEDULE OF VALUES (EITHER INCLUDED IN THE ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) AND 2) BID BOND BY THE DEADLINE FOR SUBMITTAL OF BIDS SHALL RESULT IN BID BEING DEEMED NOT RESPONSIVE AND NOT BEING FURTHER CONSIDERED. 3. Schedule of Values (Appendix C) TAB 3: OTHER BID FORMS Submit any other form requested on the ITB Summary, including but not limited to: 1. Local Workforce Participation Program Responsible Contractor Affidavit Form (Appendix C) If ITB Summary indicates a Local Workforce Participation Program is applicable then this form must be submitted). DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 2. Trench Safety Certification Form (Appendix D) If ITB Summary indicates a Trench Safety Act is applicable then this form must be submitted. Rest of paqe left blank intentionally. DocuSign Envelope ID7969D2DO-B87D-471F-960B-A93AOAD43712 The following documents identify terms and conditions that together with the ITB, inclusive of all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation and the contract, and are complementary to one another and together establish the complete terms, conditions and obligations of the Bidder and, subsequently, the awarded contractor. 1. FORMAL SOLICITATIONS TERMS & CONDITIONS - GOODS AND SERVICES. By virtue of submitting a bid in response to this ITB, Bidder agrees to be bound by and in compliance with the Solicitation Terms and Conditions (dated 10.27.2022), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 2. GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. By virtue of submitting a bid in response to this ITB, Bidder agrees that all work shall be bound by and in compliance with the General Conditions for Construction Contracts (dated 4/13/20), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ 3. SOLICITATION TERMS & CONDITIONS —GRANTS AND FEDERAL REQUIREMENTS. By virtue of submitting a bid in response to this ITB, Bidder agrees to be bound by and in compliance with the Contract Provisions for Federal Awards (dated 8/20/20), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ Rest of page left blank intentionally. DocuSign Envelope ID 7969D2DO-B87D-471F-960B-A93AOAD43712 APPENDIX A MIAMI BEACH Bid Price Form DocuSign Envelope ID. 7969D2DO-B87D-471F-96OB-A93AOAD43712 Bid 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. The city will not accept any revision to the total base bid sum, divisions, line item totals, or add alternates, after the deadline for receipt of bids. In the event of discrepancy between the sum of the items in the schedule of values and the total base bid, the Bidder agrees that the total base bid shall govern. In the absence of a numerical value for any item or division, the City shall interpret as no bid for the division, which may disqualify Bidder. The allowance items that have been delineated below shall be used only upon the City's discretion, as needed. In the event that an allowance is not used in its entirety, any remaining balance shall be reflected on a deductive change order. TOTAL BASE BID 'See Section 0100, Sub -section 12. ADDITIVE ALTERNATES (In order of priority) Selection of additive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. DEDUCTIVE ALTERNATES (In order of priority) Selection of deductive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. End of Bid Price Form. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 APPENDIX B /01AM1 BEACH BID BOND FORM Only applicable if checked in the Invitation to Bid Summary DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 BID BOND Page 1 of 2 KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, hereinafter referred to as Contractor, and as Surety, are held and firmly bound unto the City of Miami Beach, Florida, as a municipal corporation of the State of Florida, hereinafter called the City, in the sum of five percent (5%) of the Contractor's Total Base Bid amount of $ lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. WHEREAS, the Contractor contemplates submitting or has submitted, a Bid to the City for the furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of transportation for, and the performance of the Work covered in the Bid Documents which include the Project Manual, the detailed Plans and Specifications, and any Addenda thereto, for the following solicitation. F-09111liTel Title: WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check, certified check, or Bid Bond in the amount of five percent (5%) of the Total Base Bid be submitted with said Bid as a guarantee that the Contractor would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after notice having been given of the Award of the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor within ten (10) consecutive calendar days after notice of such acceptance, enters into a written Contract with the City and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Miami Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Contractor. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 BID BOND Page 2 of 2 IN WITNESS WHEREOF, the said Principal and the said Surety have duly executed this bond the day of 20 PRINCIPAL: (Contractor Name) Signature Print Name (Principal) Title IN PRESENCE THEREOF: SURETY: Signature (Surety Name) Print Name (CORPORATE SEAL) Attorney -in -Fact (Print Name) Signature (Power of Attorney must be attached.) DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 APPENDIX C MIAMI BEACH SCHEDULE OF VALUES DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 SCHEDULE OF VALUES Bidders should fully complete the Schedule of Values to include quantities, units of measure, unit pricing, and totals. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. LINE EST. UNIT COST TOTAL DESCRIPTIONITEM • BRIDGE REPAIR 1 Obe'ct Marker Signs OM2-1 V 4 Each $ $ 2 Anchor Bolt (Replacement) Light Pole 1 Each $ $ 3 Metal Traffic Railing, Steel Post and Rail (Replacement) 15.75 Linear Feet $ $ 4 1 Metal Traffic Railing, Steel Post and Rail Corrosion Clean and Galvanized Coat 20 Square Feet $ $ 5 Paver Each $ $ F5Paver1 Epoxy Resin for Under Water 6 Concrete Crack (Two Part Component, High Solid, Low- Viscosity) 5.73 Linear Feet $ $ Epoxy Resin for Above Water 7 Concrete Crack (Two Part Component, High Solid, Low- Viscosi 13.36 Linear Feet $ $ Concrete Fill for Under Water 8 Concrete Spalls (5500 psi, Type IV Portland Cement) 3.66 Cubic Yard $ 9 Standard Integral Pile Jacket, Structural, 16.1" to 30" 92 Linear Feet $ $ 10 Pro'ect Information Si ns 4 Each $ $ MISCELLANEOUS 11 Trash Removal and Disposal - Including Disposal Fee 1 Lump Sum $ $ 12 MOT and Equipment 90 Per Day $ $ 13 Barge Rental 3 Per Month $ $ 14 Floating Turbidity Barrier 180 Linear Feet $ $ 15 1 Mobilization 1 Lump Sum $ $ TOTAL• $ DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 APPENDIX D MIAMI BEACH Prevailing Wage and Local Workforce Participation Programs DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 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. 1. Employee Compensation. The rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by the contractor or subcontractor on the work covered by the contract, shall be not less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation. (reference: Sec 31-27). 2. Notice Requirement. On the date on which any laborer or mechanic commences work on a construction contract to which this article applies, the contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this article. (reference: Sec 31-29). 3. Certified Payrolls. With each payment application, Contractor shall submit a copy of all payrolls, including (at a minimum) the name and zip code for the covered employee, to the City accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper prevailing wage rate for the work performed. Beginning, January 30, 2018, all payroll submittals shall be completed electronically via the City's electronic compliance portal, LCP Tracker. No payment application shall be deemed accepted until such time as the Procurement Department has confirmed that a certified payroll for the applicable payment application has been accurately submitted in LCP Tracker. a. LCP Tracker Training. The Procurement Department offers ongoing training in LCP Tracker to all contractors. To schedule a training session, contact Alian Gonzalez at AlianGonzalez@MiamiBeachFL.gov or at 305-673-7490. 1. Responsible Contractor Affidavit (RCA). As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award, the Contractor shall submit a Responsible Contractor Affidavit 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 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 opportunities for Miami Beach residents. Failure to submit the RCA shall result in the bid or proposal being disqualified and deemed non -responsive. 2. 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. Balance of Page Intentionally Left Blank DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form 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 $1,500,000 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 $1,500,000 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 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 APPENDIX E MIAMI BEACH Trench Safety Act Certification DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 TRENCH SAFETY ACT CERTIFICATION PAGE 1 OF 1 IF APPLICABLE, THIS FORM MUST BE SUBMITTED FOR BID TO BE DEEMED RESPONSIVE. 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 THE TOTAL BASE BID INCLUDES THE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF VALUES, 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 CONSIDERATION FOR INDEMNIFICATION OF CITY Consideration for Indemnification of City $25.00 -Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the box above is checked, the Bidder must fill out the foregoing Trench Safety Act Form in order to be considered responsive.] DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 APPENDIX F MIAMIBEACH Contract Form DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 CONTRACT THIS CONTRACT ("Contract") is made and entered into as of the _ day of , 2020, by and between the City of Miami Beach, Florida, a municipal corporation (the "City") and (the "Contractor" ): WITNESSETH, that the Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by the City, hereby covenants and agrees to furnish and deliver all the materials required, to do and perform all the work and labor, in a satisfactory and workmanlike manner, required to complete this Contract within the time specified, in strict and entire conformity with the Plans, Specifications, and other Contract Documents, which are hereby incorporated into this Contract by reference, for: ITB No. and Title: The Contractor agrees to make payment of all proper charges for labor and materials required in the aforementioned work, and to defend, indemnify and save harmless City, and their respective officers and employees, from liabilities, damages, losses and costs including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The requirements of the Contract Documents, as such term is defined in the Invitation by reference to the General Conditions for Construction Contracts dated are hereby incorporated by reference as if fully set forth herein. Without limiting the foregoing, the Contract Documents expressly include this Contract, Attachment A (the City's General Conditions for Construction Contracts), Attachment B (Plans and Specifications, Invitation to Bid No. and all Addenda thereto), Attachment C ( Sunbiz Entity Detail and Contractor's Response to the ITB), and Attachment D (Insurance requirements). For the avoidance of doubt, all of the documents constituting the Contract Documents now or hereafter existing (including any Change Orders, Work Orders, Field Orders, schedules, shop drawings, issued subsequent to the date of this Contract etc.) shall govern this Project. In consideration of these premises, the City hereby agrees to pay to the Contractor for the said work, when fully completed, the total maximum sum of j Total Base Bid below + allowance account items +/-alternates+contingency) dollars ($ ) (the "Contract Price"), consisting of the following accepted items or schedules of work as taken from the Contractor's Bid Submittal: TotalBase Bid..................................................................................................... $ DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 Total Allowance Account Items Total Alternate Items (if applicable)............ ........... $ Total Owner's Contingency.......................................................................$ ContractPrice................................................................................$ The Contract Price, exclusive of the Owner's Contingency, includes, without limitation, all costs for all labor, materials, equipment, fixtures, freight, field supervision, supervisory expenses, project vehicles, field office and equipment, postage and delivery, safety and first aid, telephone, transportation of employees, parking, insurance, taxes, preparation and maintenance of the construction schedule and the preparation of as -built and shop drawings, as well as Contractor's overhead and profit required for completion of all the Work in accordance with the requirements of the Contract Documents, including work reasonably inferable therefrom, even if such items of Work are not specifically or expressly identified as part of a line item in the Bid Price Form. The Contract Price is subject to such additions and deductions as may be provided for in the Contract Documents. Progress and Final Payments will be made as provided for in the Contract Documents. Contract Time. Days for Substantial Completion: days from Notice to Proceed No. 2 Days for Final Completion: days from Substantial Completion Liquidated Damages. Failure to achieve Substantial Completion: /day Failure to achieve Final Completion: /day Project Team. Contractor: Consultant: Contract Administrator for the City: [CONSIDER IF THERE ARE ANY OTHER POSITIONS TO INCLUDE] DocuSign Envelope ID:7969D2DO-B87D-471F-96OB-A93AOAD43712 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. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 The place for giving notice shall remain the same as set forth herein, unless such notice information is revised in a Contract amendment duly executed by the City and the Contractor. For the present, the parties designate the following: For City: Office of Capital Improvement Protects 1700 Convention Center Drive, Miami Beach, FL 33139 Attn: Office of Capital Improvement Projects Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Attn: DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 IN WITNESS WHEREOF, the above parties have caused this Contract to be executed by their appropriate officials as of the date first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA By: Rafael E. Granado, City Clerk Alina T. Hudak, City Manager [seal] ATTEST: Name: [seal] [INSERT CONTRACTOR NAME] in Name: DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 APPENDIX G MIAMI BEACH Plans & Specifications (Attached under separate cover in Periscope S2G) DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 APPENDIX H MIAMIBEACH Post Award Forms DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 MIAMIBEACH 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: 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 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of WITNESSES: Secretary (CORPORATE SEAL) , 20 (Name of Corporation) By: (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: in Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 FORM OF PAYMENT BOND BY THIS BOND, We hereinafter called Contractor , and as Principal, as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: , awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 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 ATTEST: (Secretary) (Corporate Seal) day of 20 Contractor (Name of Corporation) By: (Signature) (Print Name and Title) day of IN THE PRESENCE OF: INSURANCE COMPANY: M 20 Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 PERFORMANCE AND PAYMENT BOND FORM UNCONDITIONAL LETTER OF CREDIT: Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 We hereby authorize you to draw on at of and for the account of Date of Issue Issuing Bank's No. Applicant: Amount: Expiry: (Date) (branch address) in United States Funds Bid/Contract Number (Bank, Issuer name) (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of drafts at sight, accompanied by: by order available by your 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 Drafts must bear the clause: "Drawn under Letter of Credit No. of (Bank name) dated (expiration date) (Number), 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. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 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 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: Consultant: (name, address) TO (City): DATE OF ISSUANCE: BID/CONTRACT NUMBER: Contractor : CONTRACT FOR: NOTICE TO PROCEED DATE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by Contractor under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by City is the date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by City. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. A list of items to be completed or corrected, prepared by Consultant and approved by City, is attached hereto. The failure to include any items on such list does not alter the responsibility of Contractor to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. In accordance with Section 6 of the General Conditions, Contractor will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 Consultant BY DATE City, through the Contract Administrator, accepts the Work or portion thereof designated as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date by City The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: DocuSign Envelope ID' 7969D2DO-B87D-471 F-960B-A93AOAD43712 FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) TO (City): DATE OF ISSUANCE: Consultant: BID/CONTRACT NUMBER: Contractor: CONTRACT FOR: NOTICE TO PROCEED DATE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 6 of the General Conditions, 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 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of 20 , from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to Contractor for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. Contractor hereby indemnifies and releases City from all liens and claims whatsoever arising out of the Contract and Project. Contractor hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, Contractor may submit a consent of surety to final payment in a form satisfactory to City. Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] Contractor ATTEST: M (Secretary) (Name of Corporation) (Signature) (Corporate Seal) (Print Name and Title) incorporated sign below.] WITNESSES: 0 Contractor day of , 20[If not (Name of Firm) (Signature) (Print Name and Title) day of , 20 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO ITB DocuSign Envelope ID: 7989D2Da387D-471F-96WA933AOAD43712 Detail by FEI/EIN Number DIVISION or CORPORATIONS ID-1Y1-31Jd,1 Vf an vffk a! 3uue of AwWa wei�sitr Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number / https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDeta il?inquirytype=FeiNumber&directionType=Initial&search Nam eOrder-20205826... 1 /5 DocuSign Envelope ID: 7969D2DO-B87D471 F-96OB-A93AOAD43712 Detail by FEI/EIN Number Name & Address Title Manager, Member Structural Holdings, LLC 10150 Old Columbia Road Columbia, MD 21046-1274 Title President Venanzi, Jeffrey 10150 Old Columbia Road Columbia, MD 21046-1274 Title VP Eberhardt, Keith 6955 San Tomas Road Elkridge, MD 21075 Title Secretary Holland, Bradley J. 925 Tollgate Road Elgin, IL 60123 Title Assistant Secretary Szoke, Michael T. 1332 North Miller Street Anaheim, CA 92806 Title Assistant Secretary Emmons, Peter H. 10150 Old Columbia Road Columbia, MD 21046-1274 Title Assistant Secretary Greenhaus, Scott M. 10150 Old Columbia Road Columbia, MD 21046-1274 Title Assistant Secretary Crawford, Timothy 2001 Blount Road Pompano Beach, FL 33069 Title Assistant Secretary https: //search. sun biz. org/Inquiry/CorporationSea rch/Search Res u ltDetail?inq u i rytype=Fei N umber&d i rectionType=1 n iti al&search N ameOrder=20205826... 2/5 DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 Detail by FEI/EIN Number Kingrea, Christopher 1003 Clay Court Deer Park, TX 77536 Title Assistant Secretary Naughton, Garry 104 Wagaraw Road Hawthorne, NJ 07506 Title Treasurer Camisa, Stephen 35-21 Vernon Boulevard Long Island City, NY 11106 Title Assistant Secretary Willmarth, Brian 9555 Soreng Avenue Suite 200 Schiller Park, IL 60176 Title Assistant Secretary Cafourek, Jesse 1755 Highland Avenue Bulding B Cheshire, CT 06410 Title Assistant Secretary Meneely, Colin 2001 Blount Road Pompano Beach, FL 33069 Title Assistant Secretary Chubet, Wade 1755 Highland Avenue Building B Cheshire, CT 06410 Title Assistant Secretary Frye, Matthew 6955 San Tomas Road Elkridge, MD 21075 Title Assistant Secretary Miller, Michael https:Hsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Fei Number&directionType=Initial&search NameOrder=20205826... 3/5 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 Detail by FEI/EIN Number 6955 San Tomas Road Elkridge, MD 21075 Title Manager of Structural Holdings, LLC Venanzi, Jeffrey 10150 OLD COLUMBIA ROAD Columbia, MD 21046 Title Asst. Secretary Esposito -Mayer, Sharon 10150 Old Columbia Road COLUMBIA, MD 21046 Title Asst. Secretary Ruffin, Clifton 1003 Clay court Deer Park, TX 77536 Title Asst. Secretary Howard , Jonathan 18222 E Petroleum Drive Baton Rouge, LA 70809 Title Asst. Secretary Reynolds, Stephen 5455 N. Twin City Highway Nederland, TX 77627 Title Asst. Secretary Gumina, Timothy 3870 Platte Avenue Sedalia, CO 80135 Title Asst. Secretary Wymann, Michael 3870 Platte Avenue Sedalia, CO 80135 Annual Reports Report Year Filed Date 2020 01/14/2020 2021 03/08/2021 2022 04/15/2022 https://search.su nbiz. o rg/Inquiry/Corpo ratio nSearch/Search ResultDetail?inq u i rytype=Fe i Nu m ber&directi o nType=1 n itial&search NameO rder=20205826... 4/5 DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 Detail by FEI/EIN Number Document Images 04/15/2022 — ANNUAL REPORT View image in PDF format 03/05/2021 —ANNUAL REPORT View image in PDF format 01/14/2020 —ANNUAL REPORT View image in PDF format 06/13/2019 — ANNUAL REPORT View image in PDF format 03/06/2018 —ANNUAL REPORT View image in PDF format 03/01/2017 — ANNUAL REPORT View image in PDF format 03/03/2016 — ANNUAL REPORT View image in PDF format 03/18/2015 —AMENDED ANNUAL REPORT View image in PDF format 02/10/2015 —ANNUAL REPORT View image in PDF format 02/14/2014 —ANNUAL REPORT View image in PDF format 10/01/2013 —AMENDED ANNUAL REPORT View image in PDF format 03/01/2013 — ANNUAL REPORT View image in PDF format 01/30/2012 —ANNUAL REPORT View image in PDF format 01/06/2012 —ANNUAL REPORT View image in PDF format 01/12/2011 —ANNUAL REPORT View image in PDF format 01/13/2010 —ANNUAL REPORT View image in PDF format 01/20/2009 —ANNUAL REPORT View image in PDF format 01/22/2008 —ANNUAL REPORT View image in PDF format 01/08/2007 —ANNUAL REPORT View image in PDF format 01/04/2006 —ANNUAL REPORT View image in PDF format 07/11/2005 — Foreign Limited View image in PDF format i Iorida Department of Stare, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FeiNumber&directionType=Initial&searchNameOrder=20205826... 5/5 DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 Bid for: Structural Preservation Systems, LLC January 18, 2023 Supplier Response Form BID SUBMITTAL QUESTIONNAIRE - CONSTRUCTION SECTION 1 - BID CERTIFICATION This certification/questionnaire is REQUIRED and must be fully completed and submitted electronically. Solicitation No:ITB NO.:2023-042-DF Solicitation rue: 77th Street Bridge Over Tatum Waterway Repairs BID NUMBER I PROJECT TITLE BIDDER'S NAME: Structural Preservation Systems, LLC NO. OF YEARS IN BUSINESS: 18 NO. OF YEARS IN BUSINESS LOCALLY: 17 NO. OF EMPLOYEES: 1603 OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST io YEARS: None BIDDER PRIMARY ADDRESS (HEADQUARTERS): 10150 Old Columbia Road CITY: Columbia STATE: MD ZIP CODE: 21046 TELEPHONE NO.: 410-850-7000 TOLL FREE NO.: N/A FAX NO.: 410-850-4111 BIDDER LOCAL ADDRESS: 2001 Blount Road CITY: Pompano Beach STATE: FL ZIP CODE: 33069 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: John Fischettl ACCOUNT REP TELEPHONE NO.: 407-91 9-3234 ACCOUNT REP TOLL FREE NO.: N/A ACCOUNT REP EMAIL: ifischetti@structuraltec.com FEDERAL TAX IDENTIFICATION NO.: 20-2058265 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto; b) to be bound, at a minimum, to any and all specifications, terms and conditions contained herein or Addenda; c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) 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; and f) that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 Name of Bidder's Authorized Representative Colin Meneely Title of Bidder 's Authorized Representative: Assistant Secretary DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 SECTION 2 - ACKNOWLEDGEMENT OF Ar)n- FNDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Receipt Confirm Confirm Receipt Receipt Addendum 6 Addendum 11 Addendum 1 cm Addendum 2 Addendum 7 Addendum 12 cm Addendum 3 Addendum 8 Addendum 13 cm Addendum 4 Addendum 9 Addendum 14 cm Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. SECTION 3 - QUESTIONNAIRE 1. Provide the names of each owner (stockholder, sole proprietor, and partner), director, or officer of the company, below. Submit additional names on a separate sheet if required. 2. Provide at least three (3) references of work similar in size and nature as the work referenced in solicitation. Reference No-1 Firm Name: Archer -Western -de Moya JV, LLC Contact Individual Name and Title: Mr. Dhaval Gandhi Address: 4343 Anchor Plaza Pkwy., Tampa, FL 33634 Telephone: 239-229-5134 Contact's Email: dgandhi@walshgroup.com Narrative on Scope of Services Provided: Project: Miami -Dade County SR 836 (Bridge No. 870300) Scope: Concrete repairs, bent cap enlargement and CFRP strengthening of concrete piles and girders. DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 Reference No.2 Firm Name: Archer -Western -de Moya JV, IV Contact Individual Name and Title: Mr. Mike Conway Address: 4343 Anchor Plaza Pkwy., Tampa, FL 33634 Telephone: 386-916-3507 Contact's Email: mconway@walshgroup.com Narrative on Scope of Services Provided: Project: I-95 Bridges over (Taft #860104), Johnson #86070), and (S10 Canal #860574) in Broward County, FL. Scope: Concrete repair, CFRP strengthening. Reference NO Firm Name: ABC Construction Contact Individual Name and Title: Mr. Jorge Gonzalez Address: 7215 NW 7th Street, Miami, FL 33126 Telephone: 305-7 96-4 865 Contact's Email: jonzalez@abcconstruction.cc Narrative on Scope of Services Provided: Project: Indian Creek Bridge (Bridge #876100) in Miami -Dade County. Scope: Concrete repair and pile repairs, CFRP Strengthening. Additional Reference Firm Name: Contact Individual Name and Title: Address: Telephone: Contact's Email: Narrative on Scope of Services Provided: DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 3. Has the applicant company's construction license(s) been revoked during the last five (5) years? 0 YES = NO If yes, why? N/A 4. Have any owners, directors, officers, or agents of the applicant company had a I i ce n s e revoked during the last five (5) years? YES NO If yes, why? N/A 5. Is the applicant company currently barred by a governmental agency, from bidding work as a prime or subcontractor? YES NO If yes, state debarment period and the reason(s) for debarment? N/A 6. Has a surety completed, or paid for completion, of a project on behalf of the applicant company, within the last five (5) years? YES © NO If yes, why? N/A 7. Has the applicant company or any of its owners, directors, officers, or agents been convicted of a crime or had a claim that was filed in a court and mediated or arbitrated during the last five (5) years? YES NO If yes, why? N/A DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 8. Is an affiliate of the applicant company prequalified by the City of Miami Beach to bid on construction work? 0 YES Q� NO If yes, state the name of the affiliate? N/A 9. Is the applicant company a parent, subsidiary, or holding company for another construction company? YES 0 NO 'the answer is "yes," identify the company and type of relationship(s), below: Parent Since 8/9/.e Structural Holdings, LLC 10. Is an owner, director, officer, or agent of the applicant company affiliated with another company? 0 YES Q� NO If the answer is "Yes," provide the followinq information for each individual and the affiliated company. Individual"s name Affiliated company's name Period of affiliation Type of affiliation (e.g. officer, director, owner or employee) N/A 11. Is the applicant company currently the debtor in a bankruptcy case or file for bankruptcy during the last five (5) years? 0 YES NO If yes, explain and attach, as applicable, the relevant case and court documents, including (but not limited to): the original petition, including the case number and the date that the petition was filed; a copy of the bankruptcy court's discharge order, and any other document that ended the case, if no discharge order was issued. N/A DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 12. Has any owner, director, officer, or agent for the applicant company, or has any business organization in which any such person was an owner, director, officer, or agent filed for or been discharged in bankruptcy within the past five (5) years? 0 YES 0 NO If yes, explain and attach a copy of the discharge order, order confirming plan and if a Corporate Chapter 7 case, a copy of the notice of commencement. N/A 13. Has any owner, director, officer, or agent of the applicant company owned or managed a construction company under any other name in the last five (5) years? YES NO If yes, explain. N/A 14. Has the applicant company been assessed or paid liquidated damages on any project during the past five (5) years, whether the project was publicly or privately owned? YES NO If yes, explain. N/A 15. Are there currently any liens, suits, or judgments of record pending against any owner, director, officer, or agent for the company that is related to construction activities of a business organization? YES NO If yes, explain. N/A DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 16. Has the applicant company or any of its owners, officers, or partners ever been convicted (criminal) or found liable (civil) for making either a false claim or material misrepresentation to any public agency or entity? YES 0 NO If yes, explain. N/A 17. Has the applicant company or any of its owners, officers, or partners ever been convicted of any a federal or state crime? YES NO If yes, explain. N/A 18. Is any officer, director, employee or agent, or immediate family member (spouse, parent, sibling, and child) of any officer, director, employee or agent, an employee of the City of Miami Beach? If ye, sraze name, ime ano snare or N/A YES 0 NO 19. 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. Does the applicant agree to be comply with this prohibition? 0 YES NO DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 20. Is the applicant a small business concern owned and controlled by a veteran(s) (certified by the State of Florida Department of Management Services or a service -disabled veteran business enterprise (certified by the United States Department of Veterans Affairs). YES � NO Certifying Agency N/A 21. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Purchases hereunder are subject to the requirements of Equal Benefits for Domestic Partners Ordinance 2005-3494 that requires suppliers with more than 51 employees and City volume greater than $100,000 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 supplier who works 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 the applicant 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: sc benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided dire to the spouse or domestic partner, such as medical insurance. sENEFI- 1rm Provides for Employ, Ath Spou Firm Provides for Employees with Domestic Partner, �s , t D-wide BRr, Health X Sick Leave X Family Medical Leave X Bereavement Leave X 22. Moratorium on Travel to and the Purchase of Goods or Services from Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? YES NO If yes, explain. N/A DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 23. Financial Capacity. At time of request by the City, bidder shall request that Dun & Bradstreet submit its Supplier Qualirrer Report directly to the City, with bid or within three Q) days of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: https:llsupptierportal.dnb.comlwebapplwcslstoreslservlet/SupplierPortaI ?store ld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. 24. Byrd Anti -Lobbying Amendment Certification Form; APPENDIX A, 44 C.F.R. PART 18 CERTIFICATION REGARDING LOBBYING: Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti -Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Colin Meneely Representative: Assistant Secretary 25. Suspension And Debarment Certification The Contractor acknowledges that (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Colin Meneely Representative: Assistant Secretary 26. Suspension, Debarment, Or Contract Cancellation. Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES � NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): N/A 27. Small And Disadvantaged Business Certification Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami -Dade County that have been certified as Small or Disadvantaged Business by Miami -Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami -Dade County? YES � NO 28. LGBT Business Enterprise Certification Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? YES � NO 29. 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 https:/llibrary.municode.com/fllmiami beachlcodeslcode of ordinances?nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSI Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. 30. Code Of Business Ethics Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http:l/www.miamibeachfl.govlcity-halliprocurement/procurement-related-ordinance-and procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? YES � NO Bidder adopts the City of Miami Beach Code of Business Ethics? YES � NO 31. Lobbyist Registration & Campaign Contribution ,QUIREMENTS DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE) By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. 32. NON-DISCRIMINATION The Non -Discrimination ordinance is available at: https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 33. FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder 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. 34. PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 35. Veteran Business Enterprises Preference Pursuant to City of Miami Beach Ordinance No. 2011-3748, https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE 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, RFP, RFQ, ITN 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. Is the bidder a service -disabled veteran business enterprise certified by the State of Florida? YES NO Is the bidder a service -disabled veteran business enterprise certified by the United States Federal Government? YES � NO CONTINUED ON THE FOLLOWING PAGE. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 36. Sub -Contractors Providing Services to this Project: Subcontractor 'Mork to be completed % of Work to be performed Name: NSA Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: Name: Tel : Email: Name: Tel: Email: Name: Tel: Email: Name: Tel: Email: DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 Please enter your password below and click Save to update your response. Please be aware that typing in your password acts as your electronic signature, which is just as legal and binding as an original signature. (See Electronic Signatures in Global and National Commerce Act for more information.) To take exception: 1) Click Take Exception. 2) Create a Word document detailing your exceptions. 3) Upload exceptions as an attachment to your offer on BidSync's system. By completing this form, your bid has not yet been submitted. Please click on the place offer button to finish filling out your bid. Username jfiscbetti@structuraltec.com Password Save Take Exception Close * Required fields DocuSign Envelope ID: 7969D2D0-B87D-471 F-960B-A93AOAD43712 _.., of Miami Beach Bid 2023-042-DF Bid for: Structural Preservation Systems, LLC January 18, 2023 APPENDIX A M I AI\A I B EAC H Bid Price Form 1/5/2023 11:59 AM p. 52 DocuSign Envelope ID: 7969D2DO-B87D-471 F-960B-A93AOAD43712 r of Miami Beach Bid 2023-042-DF Bid 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. The city will not accept any revision to the total base bid sum, divisions, line item totals, or add alternates, after the deadline for receipt of bids. In the event of discrepancy between the sum of the items in the schedule of values and the total base bid, the Bidder agrees that the total base bid shall govern. In the absence of a numerical value for any item or division, the City shall interpret as no bid for the division, which may disqualify Bidder. The allowance items that have been delineated below shall be used only upon the City's discretion, as needed. In the event that an allowance is not used in its entirety, any remaining balance shall be reflected on a deductive change order. TOTAL BASE BID 'See Section 0100, Sub -section 12. $ 597,460.00 $25.00 $1,500.00 $ 598,985.00 ADDITIVE ALTERNATES (In order of priority) Selection of additive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. NOT APPLICABLE DEDUCTIVE ALTERNATES (In order of priority) Selection of deductive alternates, if any, will be made pursuant to Section 0100, No. 10 Method of Award. NOT APPLICABLE End of Bid Price Form. 1/5/2023 11:59 AM p. 53 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 ATTACHMENT D INSURANCE REQUIREMENTS DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 TYPE 10 — CONSTRUCTION W/O DESIGN AND PROFESSIONAL SERVICES (INSTALLATION FLOATER) INSURANCE REQUIREMENTS The Contractor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than 2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. C. Automobile Liability Insurance covering any automobile, if Contractor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $2,000,000 combined per accident for bodily injury and property damage. D. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall be named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) E. Umbrella Liability Insurance in an amount no less than $10,000,000 per occurrence. 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. Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the DocuSign Envelope ID: 7969D2DO-B87D-471F-960B-A93AOAD43712 contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A+ or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(a)riskworks.com 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. Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligation under this section or under any other section of this agreement. DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 Competitive Bid Reports - C2 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: April 28, 2023 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) 2023-042-DF FOR REPAIRS TO THE 77TH STREET BRIDGE OVER THE TATUM WATERWAY. RECOMMENDATION It is recommended that the Mayor and City Commission approve the award of a contract to Structural Preservation Systems, LLC, pursuant to Invitation to Bid (ITB) No. 2023-042-DF, for repairs to the 77th Street bridge over the Tatum Waterway. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY The 77th Street bridge over Tatum Waterway is located within the Biscayne Point neighborhood between Hawthorne Avenue and Tatum Waterway Drive. According to the Florida Department of Transportation (FDOT) Bridge Inspection Reports, this bridge has consistently received a sufficiency rating between 61.9 & 62.5, which is below the FDOT recommended minimum threshold of 70. Therefore, the improvements incorporated in the ITB are proposed to bring the bridge into compliance. Through the ITB, the City requested bids from contractors to improve the bridge's substructure and superstructure. Construction tasks for the project include, but are not limited to, rebar replacement, pile jacket installation, and concrete repair (e.g., cracks, spalls, and delamination). ANALYSIS ITB PROCESS On November 16, 2022, the ITB was issued. The Procurement Department issued bid notices to approximately 24,000 companies utilizing the City's e-procurement system, with 73 prospective bidders accessing the solicitation. On November 30, 2022, a site visit and pre -bid conference were held to provide information to proposers. Responses were due and received on January 18, 2023. The City received three (3) responses from the following firms: Interstate Construction, LLC, Structural Preservation Systems, LLC, and, Southern Road & Bridge, LLC. A tabulation of bids received is provided in Attachment "A." The solicitation stated that the lowest overall responsive, responsible Bidder meeting all terms, conditions, and specifications would be recommended for award. The Procurement and Public Works Departments have verified that the overall lowest responsive bid, submitted by Structural Preservation Systems, LLC ("SPS") met the requirements of the solicitation, including licensure and experience requirements. SPS has performed work for several South Florida public and private agencies, and all references provided positive feedback. The ITB stipulated 160 days for substantial completion. Accordingly, SPS has been deemed the lowest responsive and responsible Bidder, meeting all terms, conditions, and specifications of the ITB. Structural Preservation Systems, LLC Since 1979, Structural Preservation Systems, LLC ("SPS") has served commercial, public, transportation, water, industrial and power customers, providing a wide range of specialty repair and maintenance services for civil and structural infrastructure. In combination with other Structural Group, Inc. companies, SPS holds the position as the largest concrete repair and maintenance provider in the United States and ranked No. 34 on Engineering News -Record (ENR) magazine's list of the 2018 Top 600 Specialty Contractors. SUPPORTING SURVEY DATA According to the 2019 Community Satisfaction Survey conducted by ETC institute, roadway pavement and bridge improvements are 46.6% and 14.8%, respectively, the most important capital improvement projects. Through this ITB the City aims to reinforce the safety of a critically used bridge for City residents. FINANCIAL INFORMATION The bid submitted by Structural Preservation Systems, LLC, the lowest responsive and responsible bidder, is for a grand total of $598,985.00, which is within the available budget for the project. Grant funding will not be utilized for this project. Grand Total: $598,985.00 DocuSign Envelope ID: 7969D2DO-B87D-471F-96OB-A93AOAD43712 10% Contingency: $59,898.50 Contract Amount: $658,883.50 Amount(s)/Acount(s): AMOUNTS/ACCOUNTS 302-0815-069357-29-410-522-00-00-00-22920 $ 658,883.50 $ 658,883.50 CONCLUSION Based on the foregoing, it is recommended that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Structural Preservation Systems, LLC pursuant to Invitation to Bid (ITB) No. 2023-042-DF for 77th Street Bridge over Tatum Waterway Repairs, and authorize the City Manager and City Clerk to execute a contract. Applicable Area North Beach Is this a "Residents Right to Does this item utilize G.O. Know" item,_pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Public Works/Procurement ATTACHMENTS: Description ❑ Attachment A - Tabulation DocuSign Envelope 1D: 7969D2DO-B87D-471 F-96OB-A93AOAD43712 Interstate Sou he R ad 1S c I Construc io LLC dB i g LL T h I g $ 611,769.94 $ 871,615.00 $ 5974 0.00 ' m emnfficeron m a $25.00 $25.00 $25.00 Perms No-- $1,500,00 $1500.00 $1,500.05 $ 613,294.94 $ 873,140.00 $ 598,985.00 1 Stuctural Preservation Systems is be ng recomm nd d for awa d as th low t sp n v an sp nsibl Granado, Rafael From: DocuSign NA3 System <dse_NA3@docusign.net> on behalf of Valerie Velez via DocuSign <dse_NA3@docusign.net> Sent: Tuesday, June 27, 2023 12:37 PM To: Granado, Rafael Subject: Completed: Complete with DocuSign: 23-042-01-77th St. Bridge Over Tatum Waterway Repairs- CM 06-23-2023.pd... [ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS ] Valerie Velez ValerieVelez@miamibeachfl.gov All parties have completed Complete with DocuSign: 23-042-01-77th St. Bridge Over Tatum Waterway Repairs- CM 06-23-2023.pd.... Good afternoon, Rafael. Please find the attached contract pursuant to ITB-2023-042- 001 for 77th St. Bridge Over Tatum Waterway Repairs for execution. Please date and sign where indicated. All attachments are included. Commission Date: 4-28-23, Item C21, Resolution N/A. Thank you. Do Not Share This Email This email contains a secure link to DocuSign. Please do not share this email, link, or access code with others. Alternate Signing Method Visit DocuSign.com, click'Access Documents', and enter the security code: 7D95C9F6AO25448189AOD9FEE9B262F13 About DocuSign Sign documents electronically in just minutes. It's safe, secure, and legally binding. 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