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ITB 28-06/07/~ ~ A ~s~~/~r INVITATION TO BID FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE O1 UNDERGROUND UTILITIES ITB # 28-06/07 BID OPENING: April 16, 2007 Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, Fl 33139 www.miamibeachfl.gov F:\PURC\ $ALL\Roma n\bids\07\ITB-28-06-07\178-28-06.07. doc ~ MIAMIBEACH m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) NO. 28-06107 ADDENDUM NO. 2 April 11, 2007 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 UNDERGROUND UTILITIES is amended as follows: THIS ADDENDUM IS A DUPLICATE OF ADDENDUM 1, only the weight on the selection criteria has been amended. Noon-line bid submittals will be accepted, only hard copv paper bids to be delivered to the Citv of Miami Beach Procurement Division. I. The following are answers to questions from prospective bidders. Q. Will any of the excavated materials be reusable? A. Please refer to the Technical Specifications section 02315. Q. Is builder's risk insurance necessary for this project considering there is no building involved? A. Yes, Builder's Risk Insurance is a requirement. There are adjacent structures that may be affected and for this reason Builder's Risk Insurance is required. Q. Does the City have a scheduled date for Interviews from bidders in reference to this bid? A. The Technical Review Panel will meet during the week of April 16-20 and will invite those bidders who are deemed responsive to the bid requirements. Bidders are requested that they have their key personnel available for interviews on the week of April 16-20. The key personnel include the following positions: 1) Construction Project Manager 2) Construction Superintendent Q. Sheet 65 of the bid document states "This contract is by and between the City of Miami Beach and Ebsary Foundation, Inc." Please provide corrected sheet. A. Attached to this Addendum is corrected page 65 to be replaced in the bid document. II. Attached are Amended pages 28 and added page 28-b to be replaced in the bid document. Amendments are as follows: The words that have been strikethrough are deleted, and the words underlined are being added The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. pf~ases-to-The evaluation and scoring process to determine the ranking of bidders ^^~' +"^•• ^~° will be as follows: QurrrAVL-T 1) Qualifications and Experience of Contractor's Team (2&15 points) We are committed to providing excellent public service and safety to cl! who live, work, cnd play in our vibrant, tropical, historic community. 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the ~A~R-Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (5 points). 3) Presentation and Interview of Key personnel (3~ 20 points). ~u,~AV;= m 4} 5ZBid Price (~ 50 points). Scoring and ranking procedure: The r~runu~ei o~~ii~~ni o~~~~~ .Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager After considering the recommendation(s) of the Panel the City Manager shall recommend to the Mavor and Citv Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project then the City Manager without any action by the Mayor and City Commission has the authority pursuant to Section 2-367 of the Miami Beach City Code to exercise any of the following options (1) Reiect the bid and. if he determines that same is in the best interest of the City re-advertise the item for bidding; or (2) Reauest that the Mavor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder: or (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the Citv Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder The Citv Commission shall consider the City Manager's recommendation(s) and may approve or reject the Citv Manager's recommendation(s) In any case the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s) A binding contract will exist upon the completion of successful negotiations as determined by the Administration the City Attorney's Office form approving the contract or contracts and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has for have) done so Onlv the executed contract(s) will be binding on the contracting parties. Vb'e are committed to providing exce!len! public service and safety to all bvYro live; work, and play rrr our vibrant iropicai, his'aric community Bidders are advised to acknowledge this Addendum on ITB document Page 138, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PU RC\$ALL\Roman\bids\07\ITB-28-O6-07\itb-28-O6-07A2.doc b'be are coirmiGed to provia'in~ exce!!en! public sen~ice anc sc(ery ;0 071 who live; work, crud ploy in our vibron;; tropical, his!or;c r_om,^1uni,~.~. 00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA / SELECTION PROCESS The Evaluation process to be used by the City for this bid will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel proposed, and presentation and interview of Contractor's personnel. (See Section 00315) The procedure to be used for bid evaluation and selection is as follows: • Invitation to Bid issued. • Pre-Bid Meeting. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel. The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows 1) Qualifications and Experience of Contractor's Team (15 points) 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (5 points). 4) Presentation and Interview of Key personnel (20 points). 5) Bid Price (50 points). Scoring and ranking_procedure: The Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Mayor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: (1) Reject the bid and, if he determines that same is in the best interest of the City, re- advertise the item for bidding; or (2) Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or (ITB-28-06/07 CITY OF MIAMI BEACH Amended Page 28, 28 Addendum 2) (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. (ITB-28-06/07 CITY OF MIAMI BEACH Added Page 28-b, 28-b Addendum 2) 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all, unless specifically stated otherwise, labor, materials, equipment, supervision, mobilization, demobilization, survey, services and incidentals necessary to perform and complete the work to the full intent as shown or indicated in/on the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the schedule duration as stated herein and acceptance and approval of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization Plan, Safety & Health Manual, Quality Control Manual, Risk Management Plan, Schedule of Values, and attendance at the Pre- Construction Conference to review general administrative requirements; and to review in detail the Scope of Work and CONTRACTOR'S "Base Line" Project Schedule is a condition precedent to the issuance of the Second Notice to Proceed to mobilize on the Project Site and commence with the physical construction of the Work. (ITB-28-06/07 BID NO: 28-06/07 CITY OF MIAMI BEACH Amended Page 65, DATE: 03/13/07 65 Addendum 2) ~~~ City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305.673-7851 INVITATION TO BID (ITB) NO. 28-06/07 ADDENDUM NO. 1 April 10, 2007 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 UNDERGROUND UTILITIES is amended as follows: I. The following are answers to questions from prospective bidders. Q. Will any of the excavated materials be reusable? A. Please refer to the Technical Specifications section 02315. Q. Is builder's risk insurance necessary for this project considering there is no building involved? A. Yes, Builder's Risk Insurance is a requirement. There are adjacent structures that may be affected and for this reason Builder's Risk Insurance is required. Q. Does the City have a scheduled date for Interviews from bidders in reference to this bid? A. The Technical Review Panel will meet during the week of April 16-20 and will invite those bidders who are deemed responsive to the bid requirements. Bidders are requested that they have their key personnel available for interviews on the week of April 16-20. The key personnel include the following positions: 1) Construction Project Manager 2) Construction Superintendent Q. Sheet 65 of the bid document states "This contract is by and between the City of Miami Beach and Ebsary Foundation, Inc." Please provide corrected sheet. A. Attached to this Addendum is corrected page 65 to be replaced in the bid document. II. Attached are Amended pages 28 and added page 28-b to be replaced in the bid document. Amendments are as follows: The words that have been strikethrough are deleted, and the words underlined are being added. The TECHNICAL REVIEW PANEL (the "Panel"will rank all responsive bidders and will provide their recommended ranking to the City Manager. pgases-#~-The evaluation and scoring process to determine the ranking of bidders a+~d~e~-afe will be as follows: ~u~-T 1) Qualifications and_Experience of Contractor's Team (2&10 points) We are committed to providing excellent public service and safety to all who live; work, and play in our vibrant; tropical, historic community. 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the ~A~-Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). D u.~v;= ri ~) 4~Presentation and Interview of Key personnel (~ 20 points). Dui 4~ Bid Price (~ 50 points). Scoring and ranking procedure: The T~r~u~II~A I DC\/IC\A/ DA AICI Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager After considering the recommendation(s) of the Panel the City Manager shall recommend to the Mavor and Citv Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless onto one bid response is received and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project then the City Manager without an_y action by the Mavor and City Commission has the authority pursuant to Section 2-367 of the Miami Beach Citv Code. to exercise any of the following options ~) Reiect the bid and, if he determines that same is in the best interest of the City re-advertise the item for bidding; or (2) Reauest that the Mavor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder or (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the Citv Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the Citv Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder The Cit Commission shall consider the Cit Mana er's recommendations and ma a rove or reiect the Citv Manager's recommendation(s) In any case the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mavor and Commission deem to be in the best interest of the Citv. The City Commission may also reject all bids received The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s) A binding contract will exist upon the completion of successful negotiations as determined by the Administration the City Attorney's Office form approvma the contract or contracts and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has (or have) done so Only the executed contract(s) will be bmdmct on the contracting parties. bb~ are commixed .o providing exce?len? pub?i;: sen~ice and scfeiy to cJ,i who live; work, end play in our vibrant, nopical, his!arc communi,h- Bidders are advised to acknowledge this Addendum on ITB document Page 138, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PU RC\$ALL1Romanlbids107\tTB-28-06-07\itb-28-06-07A1.doc VVe are committed .o praviding exce!ierr! Cuv4c sen~ice and scfe!y !o vi! who live; work, end play it our vibrant;rropice, his!orc com,„nuni!y. 00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA / SELECTION PROCESS The Evaluation process to be used by the City for this bid will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel proposed, and presentation and interview of Contractor's personnel. (See Section 00315) The procedure to be used for bid evaluation and selection is as follows: • Invitation to Bid issued. • Pre-Bid Meeting. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel. The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows 1) Qualifications and Experience of Contractor's Team (10 points) 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 4) Presentation and Interview of Key personnel (20 points). 5) Bid Price (50 points). Scoring and ranking_procedure: The Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Mayor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: (1) Reject the bid and, if he determines that same is in the best interest of the City, re- advertise the item for bidding; or (2) Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or (ITB-28-06/07 CITY OF MIAMI BEACH Amended Page 28, 18 Addendum 1) (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. (ITB-28-06/07 CITY OF MIAMI BEACH Added Page 28-b, 28-b Addendum 1) 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all, unless specifically stated otherwise, labor, materials, equipment, supervision, mobilization, demobilization, survey, services and incidentals necessary to perform and complete the work to the full intent as shown or indicated in/on the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order. issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the schedule duration as stated herein and acceptance and approval of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization Plan, Safety & Health Manual, Quality Control Manual, Risk Management Plan, Schedule of Values, and attendance at the Pre- Construction Conference to review general administrative requirements; and to review in detail the Scope of Work and CONTRACTOR'S "Base Line" Project Schedule is a condition precedent to the issuance of the Second Notice to Proceed to mobilize on the Project Site and commence with the physical construction of the Work. (ITB-28-06/07 BID NO: 28-06/07 CITY OF MIAMI BEACH Amended Page 65, DATE: 03/13/07 65 Addendum l) TABLE OF CONTENTS PAGE NOTICE FOR BIDS ......................................................................................................... 6 NO BID NOTIFICATION FORM ..................................................................................... 9 00100. GENERAL INSTRUCTIONS TO BIDDERS ............................................. 10 00200. DEFINITIONS .......................................................................................... 11 00300. INSTRUCTIONS TO BIDDERS ............................................................... 14 1. Examination of Contract Documents and Site ............................... 14 2. Pre-Bid Interpretations .................................................................. 14 3. Submitting Bids ............................................................................. 15 4. Printed Form of Bid ....................................................................... 15 5. Bid Guaranty ................................................................................. 15 6. Acceptance or Rejection of Bids ................................................... 15 7. Determination of Award ................................................................. 16 8. Evaluation ..................................................................................... 16 9. Contract Price... ............................................................................. 16 10. Postponement of Date for Presenting and Opening of Bids.......... 16 11. Qualifications of Bidders ............................................................... 16 12. Addenda and Modifications ........................................................... 17 13. Prevailing Wage Rates .................................................................. 17 14. Occupational Health and Safety .................................................... 17 15. Environmental Regulations ........................................................... 18 16. "Or Equal" Clause ......................................................................... 18 17. Protested Solicitation and Award .................................................. 18 18. Financial Stability and Strength ..................................................... 18 19. Equal Benefit Ordinance ............................................................... 19 00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA/ SELECTION PROCESS .......................................................................... 28 00310. BID SUBMISSION REQUIREMENTS ................................:..................... 29 00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS ........... 32 00400. BID/TENDER FORM ................................................................................44 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES ................... 47 00407. SCHEDULE OF PRICES BID .................................................................. 48 Bid Form .................................................................................................. 49 List of Unit Prices ..................................................................................... 50 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................ 51 BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 2 TABLE OF CONTENTS (Continued) 00500. SUPPLEMENT TO BID/TENDER FORM QUESTIONNAIRE ................................................................................... 53 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE .......................................................... 59 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION ....................................... 60 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT ........................................................................... 62 00550. RECYCLED CONTENT INFORMATION ................................................. 64 00600. CONTRACT .............................................................................................65 Article 1. Scope of Work .......................................................................... 65 Article 2. Contract Time ........................................................................... 65 Article 3. The Contract Sum ..................................................................... 68 Article 4. Progress payments ................................................................... 69 Article S.Acceptance and Final Payment ................................................. 70 Article 6. Miscellaneous ........................................................................... 71 00708. FORM CERTIFICATE OF INSURANCE .................................................. 76 00710. FORM OF PERFORMANCE BOND ........................................................ 77 00720. FORM OF PAYMENT BOND ................................................................... 80 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL .................................. 83 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................ 84 00740. MIAMI BEACH CONVENTION CENTER EXIBIT SCHEDULE .............. 00800. GENERAL CONDITIONS ........................................................................ 86 1. Contract Documents ..................................................................... 86 2. Intention of City ............................................................................. 86 3. Preliminary Matters ....................................................................... 86 4. Performance Bond and Payment Bond ......................................... 89 5. Qualification of Surety ................................................................... 90 6. Indemnification .............................................................................. 91 7. Insurance Requirements ............................................................... 92 8. Labor and Materials ...................................................................... 95 9. Royalties and Patents ................................................................... 95 10. Weather ........................................................................................ 95 BID NO: 28-06/07 CITY OF MIAMI BEACH. DATE: 03/13/07 3 TABLE OF CONTENTS (Continued) 11. Permits, Licenses and Impact Fees .............................................. 96 12. Resolution of Disputes ................................................................ .. 96 13. Inspection of Work ...................................................................... .. 97 14. Superintendence and Supervision .............................................. .. 98 15. City's Right to Terminate Contract ................................................ 99 16. Contractor's Right to Stop Work or Terminate Contract ..................................................................... 101 17. Assignment ................................................................................. 101 18. Rights of Various Interests .......................................................... 101 19. Differing Site Conditions .............................................................. 101 20. Plans and Working Drawings ...................................................... 102 21. Contractor to Check Plans, Specifications, and Data ............................................................. 102 22. Contractor's Responsibility for Damages and Accidents ............................................................. 103 23. Warranty ..................................................................................... 103 24. Supplementary Drawings ............................................................ 103 25. Defective Work ............................................................................ 103 26. Taxes .......................................................................................... 104 27. Subcontracts ............................................................................... 104 28. Separate Contracts ..................................................................... 105 29. Use of Completed Portions ......................................................... 106 30. Lands for Work ............................................................................ 107 31. Legal Restrictions and Traffic Provisions .................................... 107 32. Location and Damage to Existing Facilities, Equipment or Utilities .................................................. 107 33. Value Engineering ....................................................................... 108 34. Continuing the Work .................................................................... 108 35. Changes in the Work or Terms of Contract Documents ............................................................... 109 36. Field Orders and Supplemental Instructions ............................... 109 37. Change Orders ............................................................................ 109 38. Value of Change Order Work ...................................................... 110 39. Notification and Claim for Change of Contract Time or Contract Price .................................................. 115 40. No Damages for Delay ................................................................ 115 41. Excusable Delay; Compensable; Non-Compensable ................. 116 42. Substantial Completion ............................................................... 117 43. No Interest .................................................................................. 117 44. Shop Drawings ............................................................................ 117 BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 4 TABLE OF CONTENTS (Continued) 45. Assignment ................................................................................. 119 46. Safety and Protection .................................................................. 119 47. Final Bill of Materials ................................................................... 121 48. Payment by City for Tests ........................................................... 121 49. Project Sign ................................................................................. 121 50. Hurricane Precautions ................................................................. 121 51. Cleaning Up; City's Right to Clean Up ......................................... 122 52. Removal of Equipment ................................................................ 122 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act ............................................. 122 54. Project Records ........................................................................... 123 00900. SUPPLEMENTARY CONDITIONS ........................................................ 124 00920. ADDITIONAL ARTICLES ....................................................................... 127 1. Prevailing Wage Rate Ordinance ................................................ 127 2. Federal Grant Projects ................................................................ 127 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ......................... 128 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) ............................................................................ 129 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION ............................... 130 00926. FINAL CERTIFICATE OF PAYMENT .................................................... 132 00930. FORM OF FINAL RECEIPT .................................................................... 133 00950. DRAWINGS INDEX ............................................................................... 135 01000. ADDENDA AND MODIFICATIONS ....................................................... 136 02000. TECHNICAL SPECIFICATIONS ............................................................ 137 04000. ACKNOWLEDGEMENT OF ADDENDA ................................................ 138 06000 PROPOSED SUBCONTRACTOR LISTING INFORMATION ............... 139 BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 5 ~~~~~ ~C City of Miami Boach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305-673-7490, Fax: 305-673-7851 INVITATION TO BID (ITB) 28-06/07 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01-UNDERGROUND UTILITIES Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 16th day of April 2007 for: MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01-UNDERGROUND UTILITIES Scope of Work: The Scope of Work included in the construction of this Lump Sum Bid shall include but not be limited to furnishing all, unless specifically stated otherwise, labor, material, equipment, supervision, mobilization, demobilization, survey, overhead and profit, bonds, insurance, permits and taxes to complete the work to the full intent as shown or indicated in/on the Bid Documents. A brief description of the overall Project is as follows: Construction of a fully functional seven (7) level parking facility having six hundred fifty (650) parking spaces, approximately thirty two thousand (32,000) square feet of commercial space and associated site improvements. The Project is to be located on the East side of Meridian Avenue North of 17th Street currently the "P" lot adjacent to 777 17th Street. A brief description of Bid Package 01 -Underground Utilities Demolition and disposal of the existing; parking areas hard surfaces, curbs and gutters and associated utilities where required; Furnish and installation of a new 12" potable water system; Furnish and installation of new storm sewer system including drainage wells; Furnish and installation of a new sanitary sewer system; Furnish and installation of underground electrical power supply system; Furnish and installation of miscellaneous underground conduits for data and telephone systems; Furnish and installation of a reinforced concrete slab over existing box culvert on Meridian Court; Road work including paving; The termination of utilities, with future connection (by others), to be extended to one foot above grade and painted red; Provision of a signed and sealed survey (by a registered surveyor in the state of Florida) on completion of the SOW. Estimated Budget: $850,000.00 Minimum Requirements: Bidder (Business Entity) must be licensed as a General Contractor in the State of Florida. Bidder shall be required to provide proof with their Bid BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 6 of having satisfactorily constructed on schedule, as a General Contractor, at least three (3) construction projects each in excess of five hundred thousand dollars ($500,000). General Contractor will be required to self perform, at a minimum, seventy five percent (75%) of the work. Bid Guaranty: A Bid Guaranty of 5% is reauired with bid submission, and the successful Bidder executing the Contract will be required to provide Performance and Payment Bonds in the amount of one hundred percent (100%) of the contract amount. Bidders will be required to submit a letter of intent, from an A rated Financial Class V surety company to bond the Project. At the time, date, and place above, bids will be publicly opened. Any bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the bidder. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference will be held at 10:00 a.m. on March 29, 2007 at the City of Miami Beach City Hall, 4th Floor, Mayor's Conference Room, located at 1700 Convention Center Drive, Miami Beach, FL 33139. Attendance (in person or via telephone) to this Pre-Bid submission meeting is encouraged and recommended as a source of information but is not mandatory. Bidders interested in participating in the Pre-Bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Bidders who are interested in participating via telephone, please send an a-mail to romanmartinez@miamibeachfl.gov expressing your intent to participate via telephone. Plans and Specifications for this project are available in digital format. Please call the City of Miami Beach Procurement Division at 305-673-7490 to secure a CD copy of the Plans and Specifications. The cost for the plans and specifications CD is $10.00, company checks and cash accepted no credit cards please. The City of Miami Beach has contracted with BidNet and is utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. This South Florida Purchasing system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home1.asp. If you do not have Internet access, please call the BidNet(s) support group at 800-677- 1997 extension # 214. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 7 Interested bidders who would like to know particulars of this and other bids for the City of Miami Beach should view the City's Procurement Division's web page at http://www. miamibeachfl.aov/newcity/depts/purchase/bid intro. asp Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851 no later than March 6, 2007. The Bid title/number shall be referenced on all correspondence. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.gov/newcity/depts/purchase/bid intro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE N0.2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS -ORDINANCE NO. 2005-3494 CITY OF MIAMI BEACH P~ Gus Lopez, CPPO Procurement Director BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 8 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 ITB No. 28-06/07 MULTIPURPOSE MUNICPAL PARKING FACILTY BID PACKAGE 01 -UNDERGROUND UTILITIES NOTICE TO PROSPECTIVE BIDDERS NO INTEREST IN SUBMITTING A BID: If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our company does not handle this type of product/service. We cannot meet the specifications nor provide an alternate equal product. Our company is simply not interested in bidding at this time. Due to prior commitments, I was unable to attend pre-proposal meeting. Timely payment by the City is a concern. OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for this type or product and/or service. Signature: Title: Company: BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 9 00100. GENERAL INSTRUCTIONS TO BIDDERS: General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ ]box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scope of Work: The Scope of Work included in this Lump Sum Bid shall include but not be limited to furnishing all, unless specifically stated otherwise, labor, material, equipment, supervision, mobilization, demobilization, survey, overhead and profit, bonds, insurance, permits and taxes to complete the work to the full intent as shown or indicated in/on the Bid Documents. A brief description of Bid Package 01 -Underground Utilities Demolition and disposal of the existing; parking areas hard surfaces, curbs and gutters and associated utilities where required; Furnish and installation of a new 12" potable water system; Furnish and installation of new storm sewer system including drainage wells; Furnish and installation of a new sanitary sewer system; Furnish and installation of underground electrical power supply system; Furnish and installation of miscellaneous underground conduits for data and telephone systems; Furnish and installation of a reinforced concrete slab over existing box culvert on Meridian Court; Road work including paving; The termination of utilities, with future connection (by others), to be extended to one foot above grade and painted red; Provision of a signed and sealed survey (by a registered surveyor in the state of Florida) on completion of the SOW. 3. Location of Work: The Project is to be located on the East side of Meridian Avenue North of 17th Street, currently the "P" lot adjacent to 777, 17th. Street. 4. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 10 00200. DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.2. Change Order: A written document ordering a change in the Contract Scope. 1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.4. City Commission: City Commission shall mean the governing and legislative body of the City. 1.5. City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.6. Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project.. 1.7. Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.8. Contract Documents Clarification: (Not Applicable) 1.9. Contract Administrator (Program Manager): The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. The City's Contract Administrator for the Project shall be the Program Manager. 1.10. Contract Documents: The official documents setting forth Bidding information and requirements, General and Supplemental Conditions, BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/] 3/07 11 drawings (plans) and specifications, the Notice for Bids, Addenda, if any, the Bid Tender Form, the Bid Bond, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any and all additional documents the submission of which are required by this Project, are the documents which are collectively referred to as the Contract Documents. 1.11. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 1.12. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.13. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.15. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.16. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. 1.17. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.19. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Contract Documents. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 12 1.20. Program Manager: The City has contracted the services of URS Corporation as the Program Manager for this Project who will act as the Contract Administrator. 1.21. Project: The construction project described in the Contract Documents, including the Work described therein. 1.22. Project Initiation Date: The date upon which the Contract Time commences. 1.23. Project Manual: Please refer to item 1.10 -Contract-Documents. 1.24. Resident Project Representative: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. 1.25. Subcontractor: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.26. Substantial Completion: The date certified 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 or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.27. Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.28. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.29. RFI: Request for Information (RFI). When the CONTRACTOR, during the course of construction, is uncertain regarding the interpretation of a specific item in the plans or technical specifications he shall immediately bring the issue to the attention of the PROGRAM MANAGER. The Program Manager shall review the question and if not able to find the answer to the question in the plans and specifications the CONTRACTOR shall generate an RFI stating his question and submit it to the PROGRAM MANAGER who shall forward it to the CONSULTANT for a response. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/]3/07 l3 00300. INSTRUCTIONS TO BIDDERS: Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. 1.6. Take into account the necessary allowances, of time and cost, due to the potential impact of the Miami Beach Convention Center's Schedule of Events and the restrictions imposed by the planned events there upon the Project (see attached schedule). 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. 2. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bid 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. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/l3/07 14 3. Submitting Bids: All bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID FOR: Multipurpose Municipal Parking Facility Bid Package 01-Underground Utilities BID/CONTRACT NO.: 28-06/07 4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Bid Guaranty: All bids shall be accompanied by an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions. The Bid Bond shall be equal to, , ,five percent (5%) of the Bid price and be made in favor $8~a~a~le-te of the City of Miami Beach, Florida, and conditioned upon the-successful Bidder executing the Contract and providing the required one- hundred percent (100%) Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Rejection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 15 7. Determination of Award: The City Commission shall award the contract to the lowest and best qualified bidder. In determining the lowest best qualified bidder's bid, bidders will be evaluated on the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the City. 9. Contract Price: The Contract Price shall include furnishing all labor, materials, equipment including tools, supervision, mobilization, demobilization, survey, services, bonds, insurance, permit fees, applicable taxes, overhead and profit for the completion of the Work, except as may be otherwise expressly provided in the Contract Documents. 10. Postponement of Date for Presenting and Opening of Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. 11. Qualifications of Bidders: Bids shall be considered only from Contractors which submit their bid by the bid's due date; Bidders who meet the "Minimum Requirements"; Bidders that provide the 5% Bid Bond; and Bidders that submit all required documentation as requested under this Invitation to Bid. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and. request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 16 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Contract Documents. 13. Prevailing Wage Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, 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, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 14. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 17 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 17. Protested Solicitation Award: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protests not made timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 18. Financial Stability and Strength: The bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 18 Bidders shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income).. When the bid submittal is from a Joint Venture, each bidder involved in the Joint Venture must submit financial statements as indicated above. Any bidder who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the bidder under federal bankruptcy law or any state insolvency, may be declared non-responsive. 19. Equal Benefits Ordinance Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All bidders shall complete and return, with their bid, the "Declaration: Non- discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that the successful bidder Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that bidders are considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Following this page please find a Q & A of the major points of the proposed Ordinance. Additionally, the following documents need to be returned to the City with your bid: • Declaration: Nondiscrimination in Contracts and Benefits Form • Reasonable Measures Application Form BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 19 PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code]. Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).) 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). • Contracts valued at over $100,000. Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 20 • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • The City contract is not competitively bid. • The City contract is valued at less than $100,000. • The contractor has less than 51 employees. • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. • The contractor is a religious organization, association, society or any non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. • The contractor is another government entity. The following City contracts are not covered by the Ordinance: • Contracts for sale or lease of City property. • Development Agreements. • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development • Cultural Arts Council grants • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts. • Contracts where only one bid response is received. • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/].3/07 21 The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (FRIBA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify potential bidders/proposers of the Ordinance and its requirements in the issued bid documents. • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance. • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits, it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract. • Termination of the contract. • Monies due under the contract may be retained by the City until compliance is achieved. • Debarment of contractors from City work, as prescribed by the City Code. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/].3/07 22 ,.. .. a . -._ ~ .. _ CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Inf[o'rmation Name of Company: mac- ~c ~~;,,'z~t+tcf~c :~ Name of Company Contact Person: ~Yl N - i ~'. C' S r /1 r Phone Number. ~~~'~~i~1H zcT ~~. Fax Number: ~O'S9y~r ~'~~`~`] E-mail: ~c~nC~T ~ ~e.~~~c~..4tt~.i 6or,. r r;~~~ Vendor Number (if known): Federal ID or Social Security Number: ,5 `'~ "" I ~a"//"~~57 3 Approximate Number of Employees in the U.S.: "7 ! (If 50 Of IeSS, skip to last page (26), date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. Race _Yes _ No Sex _Yes _ No Color _Yes _ No Sexual orientation _Yes _ No Creed _Yes _ No Gender identity (transgender status) _Yes _ No Religion _Yes _ No i Domestic partner status _Yes _ No National origin _Yes _ No r Marital status _Yes _ No Ancestry _Yes _ No Disability _Yes _ No Age _Yes _ No AIDS/HIV status _Yes _ No Height _Yes _ No r Weight _Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do nut intend to enter into any subcontracts. _ Yes _ No BID NO: 28-06/07 CITY' OF MIAMI BEACH DATE: 03/13/07 23 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pa some or all of the cost of spousal or domestic partner benefits_ _ __ _____ A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? _Yes_No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners' or to domestic partners of employees? _ Yes _No 'The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at leasi one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partneFships pursuant to a govemmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO' to both Questions 2A and 28, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If You answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with S ouses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit is Submitted with this Form Health ^ c ^ ^ Dental a c, ,., L:, Vision n r.. ^ n Retirement (Pension, 401 k ,etc. ,., ._ u o Bereavement ^ o ^ Famil Leave ^ n c. Parental Leave n c n n Employee Assistance Pro ram ^ c _ ^ _ _ __ ~ ^ ___ Relocation 8 Travel ^ - ^ ^ Company Discount, Facilities 8 Events n r_; ^ ^ Credit Union u ^ u Child Care ,: ~ _ --- r~ _~_ _._ La __ ~__~ Other _ ^ `_ L~ o BID NO: 28-06/07 CITY OF NiIAM! BEACH DATE: 03/13/07 24 Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e. g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation 'fOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized~to bind This entity contractually. Executed this ~ day of 7f`~ I , in the year -- ~ ~ , at iGt~ I ~ cj[ ~' 1 ~ City State Signature Name of Signatory (please print) ~S~rii, ~`c~mmer'ce fiir~~txu) Mailing Address City, State, Zip Code Title BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 25 ~ _, _ . CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits. providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. -~ ff ;, ,.. _.~`~If l ~`j,>j,'14~'0-'t iL`;l L~~`F~i.~~~1 ~+.~l1 1i D~-i~ t.~...1~~^r~rY~',`l. l` ~0.~ f.. ln.'hy - N~ Company (please prin) Marling Address of Company %~ Signa ure City, State, Zip ~..t.~ + ---~ -~ - f`.ar~~ ;'fii SG : l `-'l'S c.jy~ 7''I ~~.,-,i Name of Signatory (please print) Telephone Number • 5 f Title Date BID Nn: 28--06/07 CITY OF MIAMI BEACH DATE: 03/13/07 ~6 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that i# is not possible for the City Contractor to end. discrimination in benefits. A determination that it is not possible far the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as; {1) The number of benefi#s providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; {2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and {3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent means the amount of money paid to an employee with a Domestic Partner {or spouse, if applicable) in lieu of providing Benefits to the employees' Domes#ic partner {or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid ti me off for dea#h of a spouse, Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benef~s, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employ®e, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. Far family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious heath condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 27 00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA / SELECTION PROCESS The Evaluation process to be used by the City for this bid will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel proposed, and presentation and interview of Contractor's personnel. (See Section 00315) The procedure to be used for bid evaluation and selection is as follows: • Invitation to Bid issued. • Pre-Bid Meeting. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel. The TECHNICAL REVIEW PANEL will rank all responsive bidders and will provide their recommended ranking to the City Manager. There will be three (3) phases to the evaluation process and they are as follows: PHASEI 1) Qualifications and Experience of Contractor's Team (20 Points) 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the RAP. 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). PHASE II 3) Presentation and Interview of Key personnel (30 points). PHASE III 4) Bid Price (30 points). Scoring procedure: When the TECHNICAL REVIEW PANEL convenes they will provide their scores for Phase I. At the Panel's discretion, taking into consideration the number of responses, the Panel may decide to short list bidders for continuation of Phase II through III. Upon completion of scores for Phase I, scores shall be carried over to Phase II. Upon completing the Presentation and Interview session with each bidder, the score for Phase II will be carried over to the Final Phase; Phase III, Price. Phase III shall be evaluated and scored at the end of the Evaluation process. The Bid Price will not be opened until the TECHNICAL REVIEW PANEL has provided their scores for Phases I and II. Upon evaluation and ranking of Phase III, the TECHNICAL REVIEW PANEL shall add all three Phase scores and shall arrive at a final score at which time; they will provide their ranking of bids and their recommendation to the City Manager which in turn he will provide his recommendation to the City Commission. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 28 00310. BID SUBMISSION REQUIREMENTS The following information should be submitted with you bid response 1.01 CONTENTS OF QUALIFICATION STATEMENT Bid packages must contain the following documents, each fully completed, and signed as required. Bid .packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed in the City's sole discretion to be non-responsive. The City reserves the right to request any documentation omitted, with exception of the 5% Bid bond and the Bid Price form in a sealed envelope, bidder must submit the documentation within three (3) calendar days upon request from the City, or the bid shall be deemed non- responsive. Non-responsive bid packages will receive no further consideration. A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide an Identification Page including the following information: ^ Name of Bidder. (Note: if co venture, specify) ^ Address of submitting Bidder. (Note: if co venture, specify) ^ E-mail address for the appropriate contact person at the submitting company. ^ Phone number and facsimile number of submitting Bidder. ^ Federal Tax Identification Number for submitting Bidder. ^ Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) ^ Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. ^ Printed name of the authorized signing officer or other individual. ^ Title of the authorized signing officer. ^ Date of signature. ^ Table of Contents. B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM It is a requirement of the bid that the Bidder, staff the project with competent individuals, and qualified supervisory personnel. To that end, the Bidder shall provide: Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid (ITB). The Contract Documents place emphasis on executing a scope of work consisting of, but not limited to the following underground utilities: Storm drainage systems including class 5 drainage wells; Sanitary sewer systems; Potable water systems; High voltage electrical distribution; Telephone and data distribution; reinforced concrete load distribution slabs. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 29 It is recommended that the bidder provide representative projects as outlined above to include the following information and components: • Bidder's role • Project name • Project location • Brief description of work performed • Names, addresses, telephone number, fax number, and contact name for the following: • Owner or Agency • Name of General Contractor's project manager and field superintendent • Awarded contract amount and final contract amount • Project Status (Projects may include finally completed projects, substantially completed projects as well as projects in-progress) • A checklist or description of the following types of construction encountered on the project, if applicable: u Storm drainage systems Class 5 drainage wells Sanitary sewer systems ~~ Potable water systems ~~ High voltage electrical distribution u Telephone and data distribution ~ Reinforced concrete load distribution slabs ^ Other: List as may apply An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: ^ Construction Project Manager ^ Construction Superintendent ^ Site Foreman A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all Sub-contractors proposed for the Project. C. PAST PERFORMANCE Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 37 and 38, and request that your client submit the completed survey to Roman Martinez, Sr. Procurement Specialist at the following a-mail romanmartinezCa~miamibeachfl.gov and to johnellis@miamibeachfl.gov. Please understand that we will not accent Client Survevs beinct sent to our office from the office of the bidder Surveys must be sent to Procurement from your client's office(s). Contractors are responsible for making sure their clients return the Performance BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 30 Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. D. RISK ASSESSMENT AND PROJECT SCHEDULE All bidders must submit one (1) original and ten (10) copies of the Risk- Assessment Plan. The Risk-Assessment Plan should not be longer than four paces front side of paste only. The RAP should not contain anv reference to the bidders name within the document. Please exclude anv letterhead or logos, anything that can identify your company's name. (Note: The City reserves the right to request, from the bidder, to re-submit the RAP in cases where the RAP has exceeded the four pages of length or any RAP that has been identified with the bidder's name or logo. Consultants must submit the documentation within three (3) calendar days upon request from the City, or the proposal shall be deemed non-responsive.) The RAP should be submitted in a sealed labeled envelope and included within the ITB submission. The Risk-Assessment Plan should address the following items in a clear and generic language: (Please refer to Section 00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS, Attachment No. 3 and 4 found on pages 39-43). The RAP should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Contractor not to finish on time, not finish within budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could add value to this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. Do not provide brochures or marketing pieces. 5) Please make sure you attach a preliminary Project Schedule behind the Risk Assessment Plan E. BID PRICE Bidders are required to submit their bid price lump sum using the form found on page 49 and attach also the Unit Price Form found on page 50 herein. Bidders are to submit this form in a sealed envelope but separate from the sealed Risk Assessment envelope. Labeling the sealed envelope with your company's name is permitted. The Bid Price (Phase III), shall be evaluated and ranked at the end of the Technical Review Panel Meeting and the score added to Phases I and II to arrive at a final score for each bidder. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 31 00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS ATTACHMENT 1 Detailed Instructions on How to Prepare a Reference List and How to Prepare and Send Performance Surveys Overview The objective of this process is to identify the past performance of a contractor and key components of their team. This is accomplished by sending survey forms to past customers. The customers will return the forms directly to the City, and the ratings will be averaged together to obtain a contractor's past performance rating. The figure below illustrates the survey process. Vendor or Individual Send/Fax Call to Prepare & Email Surveys to Confirm Reference List past clients '`~ ~ CLIENT ~> ;t. Faxes back to 1'he City the City ~ Compiles Information tii- s`\ Past Customers Figure 1: Survey Process A. Creating and Submitting a Reference List 1. All key components must create a list of past users that will evaluate their past performance. This will be referred to as a "Reference List". The Reference List Excel file can be downloaded from BidNet under ITB-28-06/07 or can be sent to you via E-mail, please send an E-mail to romanmartinezCa~mimaibeachfl.gov requesting the file. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 32 2. The key components may be different for each project. If you are proposing on a specific project, please make sure to find out what the critical components are for that project. The following are the key components to be used for this bid: Key Component Minimum Number of Surve s allowed Maximum Number of Surve s allowed The Contractor 1 25 The Construction Pro'ect Mana er 1 10 The Construction Su erintendent 1 10 3. The Contractor is responsible for selecting their team and for the performance of their team. We recommend that the Contractor use high performing individuals (i.e. project manager, and any other individuals required on a particular project). 4. The maximum number of past projects that will be given credit, is 25 (twenty-five) for each Contractor, and 10 (ten) for each individual (PM, etc.). The minimum number of past projects is 1 (one) for each key component. Credit will be given to vendors with more high performing surveys. 5. The reference list should include the firms/individuals "best" projects. Credit will be given to Contractor /individuals with more high performing surveys. 6. The Reference List must include the following (All fields are required! If you do not submit all the information required, there will be no credit given for the reference): CODE A unique (different number assi ned to each pro'ect FIRST NAME First name of the person who will answer customer satisfaction questions. LAST NAME Last name of the person who will answer customer satisfaction questions. PHONE NUMBER Current phone number for the reference (includin area code). FAX NUMBER Current fax number for the reference (includin area code). CLIENT NAME Name of the company or institution that the work was performed for (i.e. Cactus School District, Rock Industries, Cit of Austin . PROJECT NAME Name of the project (Bird High School A-Wing, Warehouse B, etc.). DATE COMPLETED [MM/DD/YYYYj Date when the project was completed. (i.e. 5/31/1995) COST OF PROJECT Awarded cost of pro'ect ($50,000) 7. The data in the reference list must be submitted must be emailed to Roman Martinez at romanmartinezCa~miamibeachfl.aov . (The format of the file is shown in Figure 2). 8. The Contractor is responsible for verifying that their (and their key components) information is accurate prior to bid submission. 9. The reference list must contain different projects You cannot have multiple people evaluating the same job.. However, one person may evaluate several different jobs. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 33 A nnf~~y 4VVt: 8 jrp~y{y~ T$f Mk i~ C p ~) Y ~.f.H~~ t~RF'1/~I~F L2 ~: ~ i'll~I~ ~ ~c~ee E .. T~~fl1l ~ ~y Cn F >~i~f~~ ~1i/~~ -'G b l~R~~ t~ '~ M a ~.~~~~ I '~ ice,: ~ f 1 r.., ~~, r!, .. 2 1 K le Smith 458-963-8562 458-963-8563 Cit of Mesa Mesa Park 5/15/2000 $36,589 3 2 Geor a Johnson 549-765-9654 549-785-9655 Cit. of Mesa Police Buildin 3 618!1999 $452 389 4 3 Phil McGill 458-965-7852 458-965-7853 Cit of Mesa Cafeteria #1 7x6/1980 $12,648 5 4 Bill Robinson 136-621-1264 136-621-1265 ABB Warehouse Warehouse renovation 6/2/1995 $154 893 6 5 Matt Carni an 658-965-8965 658-965-8966 ADOT Sta le Road Over as 1/51~CJ2 $15,648 7 6 Keith Jones 458-965-8523 458-965-8524 Cit of Gilbert Road Renovation 5/402003 $4 865,923 S 7 Gilbert Gre 486-965-8523 dB6-965-8523 Cit of Phoenix Street Li ht Installation 7/2/1990 $456,876 9 8 John Grecko 486-965-8563 486-965-8563 ACG Buildin s Buildin. 456 renovation 8/2/2003 $159,764 v H ~ - H Profile Referenc e List ~ t > ~ , Figure 2: Example of Reference List 10. The past projects (on the reference list file) do not have to be similar to the type of project being bid. 11. The past projects must be completed past projects (no on-going or substantially complete projects). 12. The past client/owner must evaluate and complete the survey. 13. All key components must submit their reference list in separate excel files. There must be a separate excel file for each company and individual participating in the process. Name the file by the company name or the individual name. Figure 3 shows a sample of the excel files that must be emailed to the client. game ABC Contracting -Reference List.xls Email Reference Mark McGraw (Prajeck Manager) -Reference Lisk. xls ® lists to the client. Pam Hamilkon (Sike Super) -ReFerence List.xls Sparkfleckrical Contrackors -Reference List.xls Bob and Sans Mechanical Cantrackars -ReFerence Lisk.xls Figure 3: Submit separate excel files for each component 14. Each key component should inform their past clients about the survey and the deadline for submission of the information. The City may contact the references for additional information. If the reference cannot be contacted after several attempts, there will be no credit given for that reference. 15. Each Excel file will have two tabs (see Figure 4 below). One tab contains the reference list information (discussed above), and the second tab contains the company or individual profile. The profile tab contains information about the key component (Contractor or individual). Fill out the company information if the excel file is for the Contractor or Individual. Fill out the individual information if the excel file is for an individual. DO NOT fill out both sections in one excel file. (Remember: each component will have their own excel file). BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 34 .=G ~ .< .. K n ~ u e r u n i ~ tc c Please Fill out ordg one of the forms below. N this reference gst is for a compang,please use the Company form on top. If this reference Ast is for and individual, please pu their information in the second form below. DD NDT f~ out both. Remember there 1 must be a separate ercel file for each individual partkpatitg in the process. 2 3 Gamorrw Compaq Name: Type: Point of Garrott: Phase Nmnber Fas Number: Email e1 Traffic Engneering F'rm, etcJ Indiuidral Namr. T~pr. Compaq Name_ Phone Number: Fas Number aR Ind'tvidufll (Project Manager, etc.) Figure 4: Example of the Profile tab. This tab contains information about the key component (whether it is an individual or firm) B. Preparing the Surveys 1. Each key component is responsible for sending out a survey questionnaire to each of their past clients. The survey questionnaire is provided in this document. 2. Each key component should enter the Survey ID (Code), past clients contact information, and project information on each survey form for each reference. The team member should also enter the name of the firm and/or individual being surveyed. 3. All the information on the survey form must match the reference information in the excel file (see Figure 5). BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 35 ~. i ~ 1- C G E F H I ~. 1 k„ ~~ r• r 1tA~' ~_ . 11~ ~ FN>C ~ ~11tNi~I1 Ck.lEi(rNAlMlI~ ~ ~rpFlQ#'J.; „ ~ , ;.~ ~~ ~,~~ __._ 2 1 K le Smith 458-963-85fi2 456 Slb.i-85ti3 Grt of Mesa Mesa Park 5/15!2000 536 3 ' 549-765-9654 549-785-9655 Cit of Mesa Police Buildin 3 6/8/1999 5452 389 Phil 58-965-7852 458-965-7853 Cit of Mesa Cafeteria #1 7/8/1980 512648 5 Jae McReaken 136-621-1264 136.621-1265 ABB Warehouse Warehouse renovation 6/2/1995 5154 893 6 Bob Hard 658-965-8965 658-965-8966 ADOT Sta le Road Ove as 115!2002 S15 648 7 ' 6 Mitchell Adams 458-965-8523 458-965-8524 Cit of Gilbert Road Renovation 514!2003 54,865,923 1#: 7 Bill. Robinson 486-965-8523 486-965-8523 Cit of Phoenix Street Li ht Installation 7Q/1990 5456 876 9 B oho Grecko 486-965.8563 486-965-8563 ACG Buildin s Buildin 456 renovation BQ(1003 $159 764 N ~ - -i . ~ Pro ferenc e Ltst ~ la y ,~. Survey Questionnaire ! Survey ID 3 o: - - Phil McGill (Name of person completing survey) __....-...... ~ ._. _._...- -.__..__.. _...._...__-__-_--.__._.....--....._._--_-- - - ...__..-_...._-.._--.-........-_._-m....._. -..-..._.-_-..-.-_......._ _. _ .. s Phone: 458565-7852 Fax: 1 A58565-7853 °_..____..._-._._. -_..-._.__~ _~_...._..._._._._a ........................................................................................................................................... ___ _ _ __..__ ..............................................................................................:..............., Sub'ect: Past Performance Surve of: ABC (Name of Company) Mark McGraw PM ,Pam Hamilton SS Name of InatYidual5 A Client is implementing a process that collects past performance information on firms and their key personnel. The information will be used to assist the client in the selection of firms to perform various projects. The firmlindividual listed above has listed you as a client for which they have previously performed work on. We would appreciate your taking the time to complete this survey. Rate each of the criteria on a scale of 7 to 90, with 90 representing that you were very satisfied (and would hire the firrrdindividual again) and 'J representing that you were very unsatisfied (and would never hire the firmlindividual again). Please rate each of the criteria to the best of your knowledge. !f you do not have sufficient knowledge of past performance in a particular area, leave it 61ank. Client Name: Ci of Mesa Project Name: Cafeteria #1 Project Completion Date:.; 16f198d 1 Ability to manage the project cost (minimize change orders) (1-10) Figure 5: Example of Survey Form. The information ~t match the excel file. To save work in the future, list all key individuals on the survey that participated on the project. 4. If a reference will be evaluating several team members (such as the PM), please list all of the members on the survey form to get credit for all the areas (as shown in Figure 5). 5. Do not list more than one individual for the same position (i.e. if Joe Smith was a PM on the project, you cannot list another individual as a PM on that same project). 6. Each key component is responsible for making sure that their past clients receive the survey, complete the survey, and return the survey back to the City. The survey must be sent directly from the past client to the City or your survey will not receive credit. Be sure to indicate to your clients the due date when the survey should be faxed in to the City. 7. The City may contact the references for additional information or to clarify survey data. If the reference cannot be contacted, there will be no credit given for that reference. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 36 ATTACHMENT 2 ~~I City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 March 14, 2007 To: (Client's Name) Individual Providing the Survey Response: Phone: Fax: E-mail: Subject: Performance Evaluation of (Consultant firm and/or Project Manager/Cost Estimator) Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications and experience in providing construction of underground utilities. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment as to it's understanding and score accordingly. Please return this Questionnaire to Roman Martinez by April 16 2007 or earlier by fax: 305.673.7851; or a-mail romanmartinezCa~miamibeachfl.gov Please provide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 37 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Project Name: ^ Contractor (Bidder) (Check one) ^ Construction Project Manager and/or Construction Superintendent (Individual) Name of Above Phone or a-mail of above Consultant or Individual: Please evaluate the performance of the Contractor's firm and/or Construction Project Manager and/or Construction Superintendent (10 means you are very satisfied and have no questions about hiring them again, 5 is if you don't know and 1 is if you would never hire them again because of very poor performance). NO CRITERIA UNIT 1 Ability to manage the project cost (minimize change orders) (1-10) 2 Ability to maintain project schedule (complete on-time or early) (1-10) 3 Quality of workmanship (1-10) 4 Professionalism and ability to manage (includes responses and rom t a ment to su tiers and subcontractors (1-10) 5 Close out process (no punch list upon turnover, warranties, as- builts, operating manuals, tax clearance, etc. submitted rom tl (1-10) 6 Communication, ex lanation of risk, and documentation 1-10 ~ Ability to follow the users rules, regulations, and requirements housekee in , safet ,etc... (1-10) $ Overall customer satisfaction and hiring again based on erformance comfort level in hirin contractor a ain (1-10) Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and a-mail Date of Services: Dollar Amount for Services: PLEASE E-MAIL THIS QUESTIONNAIRE TO romanmartinezt'a~miamibeachfl.aov and johnellis@miamibeachfl.gov BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 38 ATTACHMENT 3 Risk Assessment Plan Guide Introduction The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to preplan (identify the risks on a future project in terms of cost ($), time, and client expectation of quality and performance). The RAP is used to: 1. Assist the client in prioritizing firms based on their ability to understand the risk of a project. 2. Provide high performing vendors the opportunity to differentiate themselves due to their experience and expertise. 3. Giving the competitive edge to experienced companies who have done the type of work before, who can see the job from beginning to end, and who know how to minimize the risk. 4. Provide a mechanism for the high performers to regulate the low performers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable performance. The RAP will become part of the contract. RAP Plan Format The format for the RAP is attached. The RAP should clearly address the following items in anon-technical manner: 1. List and prioritize major risk items or decisions to be made that are unique to this project. This includes items that may cause the project to not be completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the City. Attach a cost ($), time extension, or quality differential for every risk. 2. Explain how the Contractor will avoid /minimize the risk. If the contractor has a unique method to minimize the risk, it should be explained in non-technical terms. 3. Propose any options that could increase the value (expectation or quality) of their work. List any value or differential that the contractor is bringing to the project. No names!!! - In order to minimize any bias by the Technical Review Panel, the RAP must not contain ANY names (such as contractor, manufacturer, or designer names, personnel names, project names, product names, or company letterhead). The RAP should not contain any marketing information. Length -The City's goal is to make the selection process as efficient as possible. Efficiency is to minimize the effort of all participants, especially those who will not get the project. Therefore, the RAP should be a brief, well organized and concise. The RAP must not exceed 2 pages. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 39 Font size -The font should be no smaller than 12 point. Organization -Outline format. The attached format is only a sample. Impact of Risks Risks are any items that you should be concerned with throughout the entire project. They are the most critical items that can impact the cost, time, or quality expectation of the client. The risks should be prioritized, or listed in order by the greatest risks at the top to the lowest risk in descending order. Each risk should have a cost and/or time concern. If the risk has cost implications, the actual estimated cost should be listed. If it has time concerns, the number of days should be listed. Rating of Risk Assessment Plans The RAP will be rated by the Technical Review Panel assigned to this project. Rating criteria will be: 1. The understanding and minimization of risks. 2. Contractor's differentiation of their value. 3. Schedule. Checklist for Risk Assessment Plan 1. Are all names removed from the RAP: personal, project, or company names? 2. Does every risk have a cost or time attached to it? 3. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you perceive others are not doing it) 4. Does the RAP include all service, quality control processes; documentation that you do that your competition does not. 5. Are you including Public Relation risks such as interfacing with project managers, users of the facility, or audit/inspection personnel? 6. Do you have a simple schedule with major milestones? 7. Do you understand that anything you list becomes a part of your contract? 8. Does your RAP plan differentiate you? By how much? 9. Can your RAP plan make anon-technical person comfortable with hiring you? 10. Did you number the pages of the risk assessment plan? 11. Did you make one original and ten (10)copies of your RAP and enclosed them in a sealed blanked envelope? If all items are checked, your risk assessment plan is ready to submit. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 40 ATTACHMENT 4 Risk Assessment Plan Format Please prioritize the risks (list the greatest risks first). Indicate the potential impact to project cost (in terms of $), and/or schedule (in terms of calendar Days). You may add/delete the risk tables below as necessary. Maior Risk Items Risk 1: Impact: Schedule ays) .......................... ..... Solution: Risk 2: Impact: Solution: Risk 3: Impact: Solution: Risk 4: Impact: Solution: Risk 5: Impact: Solution: Risk 6: Impact: Solution: Risk 7: Impact: Solution: Risk 8: Impact: Solution: Cost ($) Schedule _ _._ . _ ........____ ..... .....:. ............_..... _ _ . _ (Days) Cost ($) Schedule _ _ .............. _.___............._........__........._ _.... _..... _ (Days) Cost ($) Schedule --_.____________..._....~.__.______..__.----.._---_.... (Days) Cost ($) Schedule _ _ _..__ _...._. _ (Days) Cost ($) Schedule . ______.__._....-_-._ _....___...___._ (Days) Cost ($) Cost ($) Schedule (Days) Schedule (Days) BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 41 Risk 9: ___ _ Impact: Cost ($) Schedule -_ __ _ __. (Days) _. __ Solution: Risk 10: _ ............... Impact: Cost ($) Schedule __ ___ _. (Days) Solution: Value Added Oations or Differentials (w_hat you will do that the others do not Vendors should identify any value added options or differentials that they are proposing, and include a short description of how it adds value to the project. Identify if the items will increase or decrease project schedule, cost, or expectation. You may add/delete the value tables below as necessary. Item 1: Impact: Cost ($) Schedule (Days) Item 2: Impact: Cost ($) Item 3: Schedule (Days) Impact: Cost ($) Item 4: Impact: Cost ($) Schedule (Days) Schedule (Days) Attached behind this page please include a copy of your company's Project Schedule. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 42 ATTACHMENT 5 Interview of Key Personnel Introduction The purpose of the interview is to rate the following of key individuals in their respective areas: 1. How well they see the project, from beginning to end. 2. Can they pick out and prioritize the critical points (risk) in terms of time and cost, and have they preplanned for them. 3. Can they continuously improve. 4. Can they measure their own performance. 5. Can they minimize change orders, additional charges, and customer dissatisfaction? Format The key personnel shall be evaluated by the Technical Review Panel during its meeting(s), and should be prepared to attend if invited to provide a presentation. The interview will cover the above points. They will be questioned by the Technical Review Panel and other individuals who may include the procurement staff and personnel from several City user Departments such as CIP, Public Works and Parks and Recreation. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 43 00400. BID/TENDER FORM: J ~i I ~ ~ ~ ~ ~- ) Submitted: '- P ~ ~ .. ~ 1 Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the- Work covered by the Contract Documents for the Project entitled: MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01-UNDERGROUND UTILITIES The Bidder also agrees to furnish the required Performance Bond and Payment Bond of ' , ' , eacri for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to fumish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the everit of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. 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. Blll NO: 28-06/U7 CIT~r' OF' 1~T1AA'lI BEACH DATE: 03i 13/07 44 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Contract Documents: Attached is a Bid Bond [ ], , Aln $ nL of --- fvrr iiY°~ar r-tit _ _ 1'lnll.+re• i~ }Giro. the amount of $.....,......00 equating 5% of the Bid Price. The Bidder shall acknowledge this bid by signing and completing the spaces provided below. ~~ ~ Name of Bidder: __~~ ~ C: ~ ~' ~ ~ ~ ~ ~ ~~ c 1 t ~ : , ~. _ c' i~' ~=~~-~ ti~ca -~ „y E~ City/State/Zip: ~'~~ l~,C;vt"~G~i- ~~.~ Telephone No.: > ~~ } - ~ - Social Security No. or Federal Dun and Bradstreet No.: ~` ~~ ~- ~. %~ ~ "- ~ ~~ ~ (if applicable) If a partnership, names and addresses of partners: BID NO: 28-06/U7 CITY OF MIAMI BEACH DA7 E: U3/13/U7 45 (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Type or Print Name Signed Above) (Sign below if incorporated) A~TTE~T: ~ ____ ~ .~ ~ a ' ~ Secretary (CJRPQRATE SEAL) rri (Type or Print ame of Corporation) ~ 4 ~ (Signature) ~ _ c_ (~ ~ ~C' ~ ~~'(~ i v ;~ ~ ~. ature and Title) .- j ~ ~ l . ~ .. (Type or Print Name Signed Above) Incorporated under the laws of the State of: i~-~ IC_:~i ~ } ~' ~=~ BID NU: 28-06/07 DATE: 03/13/07 CITY OF' MIAMI BEACII 4G 00405. CITY OF MIAMI BEACH LICENSES PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The prospective bidder (General Contractor) must have a valid State of Florida General Contractor's License. LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-DADE COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a1 If the contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES (COMPANY AND PERSONNEL) AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE As per FBC 1822.1.20, the City shall hire and pay for Special Inspectors for Piling as required. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 47 00407. SCHEDULE OF PRICES BID: Consideration for Indemnification of CITY [X] Cost for compliance to all Federal and State requirements of the Trench Safety Act'' t^ C:EX ` " 25.00 [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 63, Section 00540, to be considered responsive.] BID NO: 28-06/07 CITY OF MIAMI BEAE,H DATE: 03/13/U7 d8 SCHEDULE OF PRICES BID: BID FORM (Page 1 of 2) Our LUMP SUM BID includes the total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization, demobilization, overhead & profit, insurance, permits and taxes to complete the Work to the full intent as shown or indicated in the Contract Documents. Lump Sum Bid: $~LC~G3~ ~~'• ~ ~ 'T~-~v,3`,~,u~ Cdr) E ~-t ~ c ~ r O N Tt</ C~ H' t.~ ~1 ~/Z ~~ CJ,S ~'.~ C_ t ~# 2 ~~. Written Amount ~,_ __ __,, FIRM'S NAME (Prir~t or SIGNATURE: .-, r>, ..__ .- . TITLE/PRINTED NAME: _ ~~_~~,, ~; ~ f - ~ t ~ t.< , _, f " ~,~'_~ ~ ~~>,G= ~~ 7~. t r ._ ADDRESS: ~ ~ , .~ _~ L c~ ~ < <.. !~~ ~ 4~ ~~~~~_~'f ~. c ,r,~~~- ( `' `' l '1 TELEPHONE NUMBER: ~c ~ `?~-l ~' <,.-a- .~. FAX: _~it~ t~ ~l~~. t:c. a f BID N0.28-06/07 MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 -UNDERGROUND UTILITIES ~'- BID N(1: 28-06/07 CTI'~' Or MIAMI BEACI~ DATE: 03!13!0' 49 LIST OF UNIT PRICES (For Information Purposes only) BID FORM (Page 2 of 2) Please provide the following cost for each unit line item and include this form together with your Schedule of Prices Bid Form on the previous page. Both forms need to be submitted in a sealed envelope, you may place your company's name on the outside of the envelope. Construction Fencing Per lineal foot $ 2n."~, Work shall include all costs associated with relocation. Drainage well Each $ 7 ~-~~ ~''~ ~• ~ f , Work shall include all costs associated to provide a complete installation. Cast -in-place concrete Per cubic yard $ `~ CaC~ " ~ ~ Work shall include all costs associated with cast in place concrete Water main piping -12"dia Per Lineal foot $ ~"' v G ~ 2 S ' Work shall include all costs associated to complete the work " " ~ ~' ~r r dia Per Lineal foot Water main piping - 6 -10 $ Work shall include all costs associated to complete the work Water main piping 4" dia and smaller Per Lineal foot $ ~~~ ~> Work shall include all costs associated to complete the work Storm Drainage piping -24" dia Per Lineal foot $ ~ ~ ~ ~ ~ ~ Work shall include all costs associated to complete the work Storm Drainage piping -18" dia Per Lineal foot $ G~~ . c'c+ Work shall include all costs associated to complete the work Storm Drainage piping -6"- 12"dia Per Lineal foot $ 7~ ~ ~ ~ Work shall include all costs associated to complete the work Storm Drainage piping -4" dia and smaller Per Lineal foot $ ~ G1 ' .. , Work shall include all costs associated to complete the work Sanitary Sewer piping - 6-8" dia Per Lineal foot $ ~ ~ ~ per Work shall include all costs associated to complete the work " ~ n ~ Cl ~ Sanitary Sewer piping - 4 dia and smaller Per Lineal foot $ , Work shall include all costs associated to complete the work Catch Basins Each $ ~ r ~'?~~ ° ~o Work shall include all costs associated to provide a complete installation. Curb Inlet Each $ ~ + ~'C*CI ° , ~, Work shall include all costs associated to provide a complete installation. Electrical Conduit (FPL) Per lineal foot $ rs a'+ _ ~ Q ~ ~_ Road Base Per cubic yard $ tats ~ ~` Work shall include all costs associated to complete the work Asphalt Base Course Per ton $ ~ ~ ~- ~~, Work shall include all costs associated to complete the work B1D NU: 28-06107 CI°I'i' 6F It~II~MII BEA.CI3 UATi`:: U3i13/07 ~0 BID BOND FORM (Standard Form used by Surety Company is acceptable I IAI/'`rlAlfllTlrIAIAI I CTTC~ !1C (`~CI'11T• T~~iffTl ~~ p7TIL'~Jy~~ A . ~~'vnven~'cTVTr'cTertieF~TTa° in I Ini4~_ C~.+}cam C~~nrlco ~2--I'~ eFe~j~Ft~6f#2:2-jF~9 ~F~ilV-9T ~• 4~~i ~rrl ~r •4~e .~i.i.r,~ ~n• /r.~n4r~ n~~r ~r~nlin~n} n ~ ~c~~~mor\ • f f ,.~a ~qp " `^`.7.`7'F~. ~S~}t'e-~}e~Y'TL~ ~ I Ini ,. ~~.~ ij+ZUieJTaT7d ~^ '~~f s MM''.. ,,,~ aa~~,,,, ,., ,{ ~ ~titt~+~'~~tr-tFt~+Qt't'nF ~ ~ s #et~eep-C ~~M;arF~ eQE~, F-;e~i~n~ ~ ~ F':kl an~#e-##e-Bi~J~fltF es~A~e~e~- s-~eaFsiaas~~..a,. ;-~deF-~ett~-e€-C~Fe~+~-P~~ BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 51 ~TL~LY°r~~~~~ nrl 'n" ~~~~ 7~ ~~ a ~h ~ll nnf ho rloomorl fn innnrnnr~4c ' + s ~ c~h.~ll he ~ rele~e~e i+f III nhliiv~~innc~ n a ~ r BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 52 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A390 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we SOLO CONSTRUCTION CORPORATION, 3855 COMMERCE PARKWAY, MIRAMAR, FL 33025. as Principal, hereinafter called the Principal, and WESTCHESTER FIRE INSURANCE COMPANY, 500 COLONIAL CENTER, PARKWAY, SUITE 200, ROSWELL, GA 30076 a corporation duly organized under the laws of the State of NEW YORK as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF MIAMI BEACH, 1700 CONVENTION CENTER DRIVE; MIAMI BEACH, FL 33139 as Obligee, hereinafter tailed the Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID Dollars (3 5%- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a~ bid for DEMOLITION AND DISPOSAL OF PARKING AREA ON EAST SIDE OF MERIDIAN AVE. "P" LOT ADJACENT TO 77717TH ST. MULTIPURPOSE i!iUNICIPAL PARKING FACILITY BID PACKAGE O1-UNDERGROUND UTILITIES PROJECT: 28-Ott/07 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good. faith contrxrt with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwisR~ to remain in full force and effect. Signed and sealed this 16th day Of APRIL ~ 2p07 f'; , "''1 , ? SOLO CONSTRUCTION CORPORATION 4 d ~ ~ / ! ,rrt ,r`_,,~ (Principall iSrat) ,';~ (Witness) ` .,r. - -- (title) .,~_..... _ --~=..~ (I _ ESTCHESTER FIRE INSURANCE COMPANY -E~ -- qr.-., _ (GIV'tnesS) _._ ~ __ ',K rz Jr -'^}` _ ~ ..°'~ .-` --.r=:r D.W. MATSON III (title) ATTORNEY-INS-FAGS" ND FLORIDA RESIDE:N't AGENT AIA DOCUMENT A310 • BfD BONO • AtA ®• FEBRU1IRY 1970 ED • THE hMERICAN ~~_--~ INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 '~ ,. -. ., _.~u,.._ ~ nr.,~ _ .. _ .. - ___._ --..---- - - -.. - ---- ,.~'O1WeY Of WESTCHESTER FIRE INSURANCE COMPANY ~ 1 175246 !Attorney.. i ~ ~2447b7 I Know aII I11CR b~ these pl'eS@ntS: That WESTCHESTER FIRE INSURANCE COMPANY , a corporation of the State of New York ;having its i ~, principal office in the City of Adantt}:,'Georgia ,pursuant to the following Resolutipn, adopted by [he Board of Directors of the said Company on November 8, 1999, to ~ wit- i "RESOLVED, That the following Rules shall govern the czceution for the Company of bonds,. undtttakings, raognixances, contracu and other writings in the nature thereo0 (]) That the President, any Senior Dice President, any Vice Preaidrnt, and Assistant Vicc Presideal, or any Anomcy-in-Fact, may cxecmo (or a,td on lxhalf of the Company any and a!1 bonds, undenaltings, recognizance, contracts-and other writings N the natwe thereof, u+esame to be attested when nccessaly by the Ctupo»te Sarctaty, or. any Assistant Corporate Secraery, and the seal of the Company. affixedthereto;ectd thetthe President, any Senior V ice President, any VicePresilien4 or any Assistant V ice President may eppointsnd authoriie any other Offices (elected or appointed) of the Company, as Attorneys-In-Fact to so ezocutc or attest to, the execution of all such writings on behalf of the Company and w affix the. seal of tht Company Ihercta i (2) Any such writing executed in accordance with theuRules shall be az binding upon the Company in any case as (hough signed by rho President end anated to by the Corpoate Secraary ` (3i The signature Of the President, or a Srnior: Viee President, or a Vice President, or en Assistant Vice Presidem and the seal of the Compenymay be affixed by (acsimile oa any power of attorney granted putsuantto this Resnluhon, and the stgnaturc of a eerttfyitig O(ticer and the scat of the Company may be affixed by (acsimdc to any certificate of any such power, and any such Puw~G or certificate beanng such facsimile signature aptl seal; shall lx valid.and;binding on the Company-. ~ (4) Such other O(tieers of the Company, and Attorneys-In-Fact shall have authority to certify or vmfy topics of this Resolution, the By-Laws o(the Company, and any affidavit or record of the-Company necessary to the discharge:of their duties. (5) The passage of thisResolution dots not revoke any carlia authority granted by Resolutions o(the Hoard of Dircnors." ' j Does hereby nominate, constitute and appoint D. W. MATSON, III and JOHN W. CHARL,TON both of the City Of Coral Gables, State of Florida ,each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as Us act and deed any and'alt bonds, undertakings, recognizances, cpntracts and other writings in the nature thereof in penalties not exceeding Twenty Million Dollars ($20,000,OOOjaitd the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fullyand amply as if they had i been duly executed and ackowledged by the regularly elected officers of the Company at its principal office. '~ IN WITNESS WHEREOF, the said Stephen M. Haney ,Vice-President, has hereunto subscribed his name and affixed the corporate seal of the j I said WESTCHESTER FIRE INSURANCE COMPANY .this 29th day of September 2006_ 1 y~H~r• WESTCHESTER FIRE INSURANCE COMPANY 3'~ .~~.~ 1.~ ~' ,~ ti~G GD„ _~) ~~` __ i '`~-..•.•-~~ Stephen M. Haney ,Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 29th day of September , A.D. 20D6 ,before me, a Notary Public of the Commonwealth of Pennsylvania in and-for the County of Philadelphia came Stephen M. Haney ,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known [o be4he individual and officer who executed'the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the ' corporate sea).of said.Company; that the said corporate seal and his signature were duly afTixed by the authority and defection of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. iN TEST(MONY'WHEREOF, 1 have hereunto set my hand and affixed my ofncial seal at the City of Philadelphia Ehe day and year first above written. i I~t 1111111,1 r, i,r, ~ ~. i ~~ ~ ~`. ~` ;~~, ~,rt.': 7 NO~'.ARIAL SEAL ~~~ J ~ ~y, ?J D- Kathleen Titre, Notary Public {T p '~"1).: PhiiadtlphiaPhilatfelphlaCounty -- - ---- ----- -------T - 1~.~ ~ ?~' ~ c , ~{yGOpt&IiSSipB txpiri:S SeFte*ft~t-:~,'2frJ3 Notary Public y~ ,,fyc~ Q~ Q~Q~ i E„~, .....* ~~ 1. ,, f rI 1, the undersigned Secretary of WESTCHESTER FIRE INSURANCE COMPANY , do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect. In wjtr~e~IIhereof, I hav~oeOr~ nto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, thisl 6th day of ~~ IiL4p i~ ` ~- - - ---- - I ~ti~s ~ yo" George D. Mulligan ,Secretary ''~!~wNC~..• THIS POWER OF ATT-ORNEY MAY NOT BE USED TO EXECUTE ANY F30ND WITH AN INCEPTION DAT E AFTER September 39; 2008 . __ _ i~~~ - , -~ ~,.~ ~....., 00500. SUPPLEMENT TO BID/TENDER FORM: THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? License/Certification#/Registration# # Years 1 A. What business are you in? ``~ ~ ~ ~` ,~" ~: ~:` ~ ~~ I) ~-r~,~" ~`~ C 2. What is the last project of this nature that you have completed? dui ~ a~ `~~~._ ~> s> ~, 3. Have you ever failed to complete any work awarded to you? If so, where and why? 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. ~ ' 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: BID NO: 28-06/07 CITY" OF MIAMI BEACH I)A'I'I:: 03!13/07 53 j~1nG 4.1. ; t,I ~ iC? Ix,~~ q ~~~~ ~i~I -Tl. S-t ~~IG-~I (name) (address) 4.2. ~~ , ~_~c~-e_ - . , ~ , {ti, ?~ ~~~ ~ It_,~,_,_~_ _h_L 33 17~~ u.. (name (address) ~~ ~ ~3 ~~S (Phone #) lso~)s~~..i-~~c c 3"=.a115~ ~~ 7l (phone #) 4.3. ~~u~~c I~..-~-o ° Cc~r~~c, ,:~.~1~ 1~ ti ~ (n~.r•() S.h~..y ~'tk ~-~va~' I~'~In-.,~,f°~~~ 3~j~`I ~ (name) (address) (phone #) F3os)5~~-1- ~ ~ ~!o 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venturers.) ORIGINAL CURENT DATE OF % OF NAME OF OWNER & CONTRACT CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE VALUE PER CONTRACT TO DATE 5E'~ /~~1~cl~ed 5~~~ -I~ (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ~Y~=~. ~- 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withhe{d. 8. What equipment do you own that is available for the work and provide copy of their maintenance records? BID NO: 28-n6/07 CITY OF MIAMI BEACI~ DATE: 03/13/0754 Make: Model: Year: 9. What equipment will you purchase for the proposed work? Make: Model: Year: 10. What equipment will you rent for the proposed work? Make: Model: Year: \ } t ~. ~+v ~'1C,i 1~'~~( i... i ~ + F'~;il ,S f'{; j( 1'v"\1`> l~l ~, Y,c' L~-•(, . 11. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. ~a~~ ~~ 1~r"1~Q(~~ a ~1C.F~~ 1 1 ~ 1~SCi}'~ ~~-liiY"f"l~_ ~~It~AL~IE`~~ 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is .~ ~c.;~• ~~ , ~.+~'~ r `~ `~" t~ i`t c t= ~"~, ~ ~ ~~' , ~'~'~ ~ ~ .~ ~ E. ~ ~ ~' .__ 12.2 The business is a (Sole Proprietorship) (Partnership)((Corporation)~ ~~ ~~ ~ BID NU: 28-06%(17 CITI' OF MIAMI BEACH DATE: 03/13/07 55 SOLO CONSTRUCTION CORPORATION E . U~IPM~~T I~IS~` Combinafiions Li hg' t 15rucks C-686 -CAT 4 Z 6 T-122 Ford F-150 C-687 -CAT 416 T-123 Ford F-150 C-688 -CAT 416 T-124 Foxd F-150 T-126 Ford F-150 Cxraders T-].30 Foxd Explorer G-704 - HUBER 850A ~EIeavy Z`rucks G-705 - CAfi 12 G H-928 2,000 g. H-900 Peterbuilt 378 Ro3.Iers H-932 PeterbUi.lt 330 H-929 Ford F-800 R-2552 - TNGERSOLL-RAND SD-100D H-927 Ford F-450 R-2554 -- INGERSOLL-RAND SD - 100D H-954 Peterbu.i.lt 357 R-2562 - INGERSOLL -- RAND SD - 100D H-956 Peterbuilt 357 . H-957 Peterbuilt 357 Dozers H-958 Peterbuilt 357 H-959 Peterbuilt 357 Z-44441- CAT D5T~ ~ H-960 Peterbuilt 357 2-4446 - CAT D6H H-962 Peterbvilt 35? Z-4448 - KOMATSU D65-EX - 12 Loaders L-890 CAT 936 F L-892 CAT 936 F L-894 CAT 950 F I~-896 -CAT 966F Excava#ors E-524 CAT 235C . E-526 KOMA.TSU PC400LC-5 E-527 HITACHI EX270LC E-525 CAT 320G LU JULIO CUENCA 773 NW 136th Ave., Miami FL 33182 Cell. (786) 402-0601 Home (305) 227-8013 juliocuencaQhotmail.com PROJECT MANAGER CONSTRUCTION MANAGER/ FIELD SUPERVISOR QUALIFICATIONS PROFILE Multi cultural, dynamic and goal driven engineer with 20 years of combined experience in the General Contracting, Construction Management and Supervision fields. Proven ability to complete projects safely, within budget, and on time. Excellent leadership, supervisory, and Scheduling skills, Dedicated, hard working professional. Projected to complete Florida General Contractor Construction License Including but not limited to the participation and liaising of National and International Highway, Vertical, Commercial, Industrial and Transportation Infrastructure contracting within the Construction and Civil Engineering Industry. PROFESSIONAL EXPERIENCE 2006- Present SOLO CONSTRUCTION CORPORATION Miramar ,Florida ,USA Naranja Lakes Redevelopment Project Project Manager Site clearing, earth work, water, sewer, and drainage construction, new road ways, and bridges, phase 1A is completed and Phase 1B is on going . 2004 - 2006 SOLO CONSTRUCTION CORPORATION Miramar, Florida ,USA Miami International Airport Midfield Phase III C Project Manager Demolition and Removal of existing facilities including Incinerator, Wash Rack, Electrical Vault ,Fire Station ,Luggage Miscellaneous Buildings. Demolition and Removal of Existing utilities including: Pipe /culvert, Drainage structures ,concrete encased ducts ,Taxiways and Shoulder Pavement . Construction of Approximate 2,500 feet new Taxiway "Y"; 2,300 feet new Taxiway "W" , 750 Feet new Taxiway "Yl" and 780 fee Taxiway "Y2" . Including Earth Work , 22" Stabilized Sub grade , 22" Lime-rock base course 5" Bituminous Pavement, paving marking, signage and Bi-directional green-green Taxiway centerline and elevated base mounted Taxiway edge light system . Construction of new High Speed Runway exit on existing Runways 12-30 and 8R-26L including Spiral Uni-directional ,Center light system elevated and flush Base mounted Rwlway edge light JULIO CUENCA 773 NW 136th Ave., Miami FL 33182 Cell. (786) 402-0601 Home (305) 227-8013 juliocuencaQhotmail.com 2002 - 2004 CONSOLIDATED CONTRACTORS COMPANY (KUWAITT) W.L.L. Savannah Forest Station, Stann Creek, Belize, C.A Belize Southern Highway Construction Manager Review and assess project plans and specifications to ensure regulatory compliance, concerning earthwork ,concrete, pavement ,drainage system and workforce safety issues. Prepare progress reports for management review reflecting labor, material, machinery ,and equipment requirements; track and control construction costs to avoid budget overruns. Interface on site and in weekly meetings whit contractors, engineers, inspectors ,and environmental energy specialist to review project status. Duect in excess of 50 crews members in areas of scheduling, delegation, supervision, pay certifications ,and performance evaluation from project inspection to completion. 2000 - 2002 CONSTRUMUNDO GENERAL CONTRACTORS San Salvador, El Salvador, C.A Project Coordinator 1989 - 2000 EDISAL GENERAL CONTRACTORS San Salvador, El Salvador C.A. Project Manager /Assistant Project Manager 1987- 1988 FRED McGILVARY INC. Miami, Florida Estimator Engineer EDUCATION AND PROFESSIONAL TRAINING UCA UNIVERSITY School of Civil Engineering San Salvador, El Salvador "Construction Cost" Sponsored by Mexican Society of Engineers (SMIEL) "Harvard Project Manager' - CPM Standards, Pert and Fast Track "Highways and Bridge Construction Concepts". Sponsored by World Highways Institute "Construction High Productivity" Sponsored by Japanese International Cooperation. Agency (JICA) RICKY PIERSON 3855 Commerce Pkwy Miramar, FL 33025 Telephone: (305) 944-3922 EMPLOYMENT Solo Construction Corporation Vice President 1994-Present. • Responsible for field operations which includes Managing project managers, supervisors and foremen. • Ensure all personnel, equipment and scheduling needs are met on a daily basis. • Supervision of safety inspections anal provision of guidance to ensure safety codes and procedures are adhered to. • Responsible for monitoring project construction to ensure quality and compliance. • Direct administration of company payroll operations Proiect Manager 1990-1993 • Negotiated contracts with vendors and subcontractors. • Conducted inspections at work sites to verity adherence to governmental regulations, ensuring successful completion of quality control inspections. • Monitored vendors and subcontractors billing, as well as project time lines ensuring conformance with schedule deadlines. • Communicated with owners to resolve-to-resolve outstanding issues related to projects. RICKY PIERSON Projects Completed As Project Manager • Sunny Isle Beach Restoration and Parking Lot Contract #695043 Metro-Dade County Public Works Department Description: Construction of a parking lot, including asphalt pavement, concrete curb and sidewalks, drainage system, fencing, sodding, landscaping, pavement marking and signing, lighting and miscellaneous items. • Cargo Building 2130 and 2134 Dade County Aviation Department Description: Utility Works, Paving, and Site Work at Miami International Airport. • Brown and Root Construction Service Dallas, Texas Hurricane Debris Removal Description: 1.5 Million tons of debris removed. Amount of Project: 4,000,000.00 • Cargo Building 2205 Dade County Aviation Department Description: Managed roadway and large parking lot project with bridge construction at Miami International Airport. Bridgework consisted of installing concrete ramp to second floor of cargo building. Supervisor/Forman 1983-1990 • Coordinated schedules with subcontractors and inspectors for completion of required testing, project deadlines, and other issues related to project. • Monitored projects according to designs and project specifications. • Supervision of field employees. RICKY PIERSON EDUCATION Florida International University • Business Management Miami Dade Community College • Clearing Grubbing license Computer skills r d ,E'~~1(i«~1{ IC[~nJ~ t tti;i~~t _JC•"C i('~Qi ~( ~ ~IEi JOI 12.3 The address of principal place of business is F ~ ,_,~ _. ~.~ i:) ~_ ~ 'E`5~, ti-~-,~~ ~ ~ C~:. k ~ ~ a' K- ~~ l c't ~,r j~~ ; z 4t r d, G; ;'" `- ~ 5(:.i `7 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: ~\ C, i ~ ~i 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. BID NO: 28-06/07 CITS' OF MIAMI BEACH DATE: 03/13!07 56 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. J\:;~; ;~ 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). ~,` ;\ t` 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. Cam. ~~ ll:'~C:' ~~C`i`l`-}"~\~`l. C. ~1~=.:r~'~ ~f ~~;j.it"ii ~<tiil(.' 4,.~.C?c,~\~~1 ~~e lCh'~!(/s~ ~ `' ; ~ ' BID NO: 28-06/07 CITY OT :~ZIA.I~ZI BEACH DATE: 03/13/07 57 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. i 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. ! -,, 12.11. U`n~d[er what conditions does the Bidder request Change Orders. 1~'V ~Q`n C.~%C. ~.1~CGU~f'1 ~E 4~ l,'rl Os~SC~F'~(1 BID NO: 28-06!07 CITI' OF MIAMI BEACH DATE: 03/I3/0', 58 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. l., Submitted this ~ ~~ day of _,°~ i~~ ~ + ~ , 200 The undersigned, as Bidder, declares that the oniy persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid N ".;~28-06/07 i SI N-~)`TUR~ ! J1 PRINTED NAME TITLE (IF CORPORATION) BID NO: 28-06/07 CITY OF 1VIIA.MI BEACH DATE: 03!13/07 59 Table Of Contents Section One Identification Page Declaration: Nondiscrimination in Contracts and Benefits Reasonable Measures Application Section Two Bid/Tender Forms Bid Bond Supplement to Bid/Tender Forms Section Three Insurance Statement of Compliance Permits/Licenses Section Four Representative Projects Organizational Chart Staffing Plan Section Five Aclozowledgement of Addenda Addendums 1 & 2 Subcontractors Listing Information SECTION ONE • Identification Page • Declaration: Nondiscrimination in Contracts & Benefits • Reasonable Mearsures Application SECTION THREE • Insurance • Statement of Compliance • Permits/Licenses Sign In Sheet Invitation to Bid (ITBJ 28-06/07 April 1 b, 2007 MULTIPURPOSE MUNICIPAL PARKING GARAGE BID PACKAGE Ol UNDERGROUND UTILITIES Name (Please Print) Company Phone, # Time t J Ito C~EMCR~,. ~~ 7 .~~~,~.~ ~~~~s~~ tt~ ~~~o~~ ~c:~ ,~~t ~ `7 t - i-'~'-~,..., ~ +f f//~~ (J//JJ ~~_. P ~, a;~:~/f"ii; art,-°~ y f / ~-,,: a ~ ~ ~SI ~' t~ r TATE OF FLORIDA r ~ '-~.~.`.,~=-~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION •i' CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 '.,,. ' _ ~' 1940 NORTH MONROE STREET °°°~1 TALLAHASSEE FL 32399-0783 SOLO CONSTRUCTION CORPORATION 3855 COMMERCE PARKWAY MIRAMAR FO 33025 STATE OF FLORIDA A(~~,f ~.~ ~ ~ 3 DEPARTMENT OF BUSZNESB .AND _` ..~1 PROFESSIONAL REGULATIONv QB2153I 06/20/05 047004945 'QUALIFIED .BUSINESS ORGANI~ATTON-j ''-SOLO CONSTRUCTION CORPOR-ATION (NOT A LICENSE TO-PERFORM WORK. ALLOWS COMPANY TO DO BUSINESS .IF IT,<HAS A LICENSED QUAY,IFIER. ) IS QUALIFIED-undoz tho provisions of ch.~4~9 F'H:_ axpirncion-secs: AUG` 31,'- 2'007 Loso6zonosa5 _ i DETACH HERE ~# Q~ ~ ~ ~ ~ STATE.-OF FLORIDA __- _ _. _ - _ , ~ ; ..-. DEPARTMENT OF`BUSINESS AND :P~ROFESSLONAL REGULATION '' 'b CONSTRUCTION INDUSTRY LICENSING BOARD S`EQ#Lb5062b,b057,S `. - •r; ~:3 ~~ = - LICENSE NBR - )6 .~~0 2'005 ~,,~ ,.,: a'~.l'004945 621531 ;1°ne,BUSI.NESS.ORGANIZATTON Named below IS QUALIFIED Under 'the provisions of Chapter, 489 FS. Expiration .date AU±a,.3~~`~~'a0'7• jT~iI$ IS NOT A LICEI+IS.E 'TO ,PERFORM WORK. THIS ALLOWS COMPANY TO .DO BUSINESS ONLY IF IT HAS A QUALIF3ER.) ., . SOLO-CONSTRUCTION CORPORATION 3855 COMMERCE PARKWAY MIR.AMAR F0 33025 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW DIANE- PARR SECRETARY ~~+~~~ STATE OF FLORIDA ' ~~ '".°,~ ~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION' ~.. T ~ CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 '.,,. ' - ~' 194 0 NORTH MONROE STREET `°°~T TALLAHASSEE FL 32399-0783 PIERSON, RANDY L SOLO CONSTRUCTION CORPORATION 2920 WINDMILL RANCH RD FT LAUDERDALE FL 33331 DETACH HERE ~# ~ 6 ~ 5 ~ ~ ~ STATE ~OF FLORIDA ,DEPARTMENT OF BUSINES:S_ AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LLICENSING'"HOARD .: SEQ#L0607:22008,7.4 •• - LICENSE NBR )7 22:2006 0:58096.536 CUC025613 ;erne UNVERGROUND UTILITY & EXCAVATION CO 'Named below IS `CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 20.08 PIERSON, RANDY L - SOLO CONSTRUCTION CORPORATION 2920 WINDMILL RANCH RD FT LAUDERDALE FL 33331 JEB BUSH ~ SIMONE MARSTILLER GOVERNOR nicoi nv ne c~Gni uprn uv i n~nr SECRETARY SECTION FOUR • Representative Projects • Organizational Chart • Staffing Plan i•~ ~~ V 0 •,~ GCS N •~, b~A O .,.,~ GCS ,L~ O O O •.~ v r..~ O O .•~ O STAFF PLAN Construction Project Manager :Julio Cuenca Extensive experience in construction and a broad background in all aspects of the management process. The above functions are one of the critical responsibilities: Primary contact with city Organize and plan the Job Buy out project (issue subcontracts and purchase orders) Submittals and transmittals Maintain change request log and control changes Formal correspondence with owner and A/E Make or enforce required decisions to assure that major objectives are met. Assist Superintendent to attain job goals. Conduct regular progress meetings with owner /architect Conduct pre construction conference Prepare breakdowns for payment and payment request Conduct inspections as required by the quality control program Construction Superintendent :Ricky Pierson Assist Project Manager as required Organize and plan job with Project manager in a daily bases Organize, Schedule and direct personnel and subcontractors Review cost and progress weekly Monitoring of MOT plan Ensure Testing coordination. Coordinate and maintain equipment Field procwement Respond to Reports Support the Quality control program Enforce all safety rules and procedwes Secwe site and closeout site each work day Site Foreman : Delroy Ricketts Water Main, Storm Drainage, Sanitary Sewer piping and installation of structures Foreman Foreman :James Felix Clearing ,Demolitions, Removal of Asphalt ,Road base Foreman James Felix Vladimir Chomiak: Survey ,Verified Locations of existing utilities, Construction Lay Out and As built record Certified Survey Derron Pierson: Equipment Operations and Maintenance Manager Subcontractors Cast in Place Concrete Work, Curb & Gutter, Valley Gutter, Sidewalk and Protection Concrete Slab on Box Culvert .Sub Contractor Homestead Paving ,contact Dominic Gonzalves Restoration of Asphalt ,Milling, Asphalt Base Course Sub Contractor General Asphalt, contact Albert Lopez Drainage Well Drilling Sub Contractor : Jeffers Well Drilling Temporary and Permanent Striping and Signing Sub Contractor Robert's Traffic ,contact Lisa Birchfield Electrical work Sub Contractor: Atlas corp. Engineering ,Shoring protection design and Monitoring Sheet piling driving vibration Sub Contractor : Ebsary Foundation 50 LO ~ t~ ~ o~at~ 3555 Commerce Parkway Miramar, Florida 33025 Phone: (954) 447-2800 Fax: (954) 447-6768 STATE SCHOOL QQ1 K-8 FACILITY Address: 3030 NE 1515. North Miami, FL 33181 Awarded Contract Amount: $208,000 Final Contract Amount: $276,000 Status: COMPLETED 12/31/05 . j~ +, ,~ _=~`~ : r ~.~ ..~ . PHOTO COURTESY OF SOLO CONSTRUCTION ~ Brief Description Installation of ~~aterline. Team Members .: mac.,.: > . ~ _ Owner: The School Board of Mian-li-Dade County Address: 1450 NE 2~~a. Avenue Miami, Fl 33025 PH/FX: (305) 995-1000/ General Contractor: F&L Construction, Inc Sub Contractor: SOLO Construction Corporation Architect/Engineer: Brown +Brown Architects /ADA Engineering !Storm drainage systems Class 5 drainage wells -i Sanitary sewer systems [yPotable water systems l High voltage electrical disn-huti~n Contact Name: Julio Batista Superintendent :Ricky Pierson Project Manager: Ricky Pierson -! Telephone and data distribution i ?Reinforced concrete load distribution [_' Other: List as may apply SOLO ~~,_ 3855 Commerce Parkway Miramar, Florida 33025 Phone: (954) 447-2800 Fax: (954) 447-6768 NARANTA LAKES REDEVELOPMENT PROTECT Project Address: SW 140TH Ave & SW 272nd St Naranja, Florida Awarded Contract Amount: $3,787,732.00 Final Contract Amount: $4,228,598.22 Status: One Phase Completed 12/31/06 Brief Description After the destruction of this neighborhood in 1992 by Hurricane Andrew, Miami Dade County created a Community Reinvestment Act (CRA) to rebuild this devastated Community. SOLO Construction Corporation was the successful bidder to provide site clearing, earthwork, water, sewer, and drainage constriction, new roadways, and bridges in an effort to rebuild this community this project is on going. Team Members Owner: Naranja Lakes Construction LLC Contact Name: Scott I Iedge Address: 14600 SW 136 Street Miami, Florida 33186 PH/FX: (305)259-3100/(305)259-3200 General Contractor: SOI_,O Constn_iction Corporation Superintendent: Delroy Rickets Architect/Engineer: Ford Engineers Inc. Project Manager: Julio Cuenca f_~~Stonn drainage systems (J Class 5 drainage wells IY' Sanitary sewer systems ~~'Potable water systems ~:_' Nigh voltage electrical distribution (7 'Telephone and data distribution U Reinforced concrete load distribution :: i Other: List as may apply SOLO ~~ 3855 Commerce Parkway Miramar, Florida 33025 Phone: (954) 447-2800 Fax: (954) 447-6768 CITY OF SWEETWATER STORM WATER IMPROVEMENTS Project Address: SW 102nd Place & SW 5w Street Awarded Contract Amount: $2,1.42,764.00 Status: COMPLETED 7/1/04 Final Contract Amount: $2,511,520.00 Brief Descri tp ion Site demolition, installation. of several pump stations, stormceptor, drainage and sewage, relocation of existing water main at various locations throughout the City of Sweetwater Team Members Owner: The City of Sweetwater Address: 500 SW 109TH Avenue Sweetwater, FL 33174 PH/FX: (305)221-0411./(305)221-?_541 General Contractor: SOLO Construction Corporation Architect/Engineer: Craig A. Smith Associates 1000 W McNabb Rd Pompano Bch, Fl 33069 (954)782-8222 r~±'~Stonn drainage systems C1 Class 5 drainage wells Sanitary sewer systems I:: Potable water systems ~ High voltage electrical distribution Contact Name: Joe Jeffries Superintendent: Keith Leslie Project Manager: Stanley Bateman Ci Telephone and data distribution i 1 Reinforced concrete load distribution i-1 Other: List as may apply JULIO CUENCA 773 NW 136" Ave., Miami FL 33182 Cell. (786) 402-0601 Home (305) 227-8013 j uliocuenca®ho tm ail. com PROJECT MANAGER CONSTRUCTION MANAGER/ FIELD SUPERVISOR QUALIFICATIONS PROFILE Multi cultural, dynamic and goal driven engineer with 20 years of combined experience in the Ceneral Contracting, Construction Management and Supervision fields. Proven ability to complete projects safely, within budget, and on time. Excellent leadership, supervisory, and Scheduling skills, Dedicated, hazd working professional. Projected to complete Florida General Contractor Construction License Including but not limited to the participation and liaising of National and International Highway, Vertical, Commercial, Industrial and Transportation Infrastructure contracting within the Construction and Civil Engineering Industry. PROFESSIONAL EXPERIENCE 2006- Present SOLO CONSTRUCTION CORPORATION Miramaz ,Florida ,USA Nazanja Lakes Redevelopment Project Project Manager Site clearing, eazth work, water, sewer, and drainage construction, new road ways, and bridges, phase lA is completed and Phase 1B is on going . 2004 - 2006 SOLO CONSTRUCTIOl~' COI~I'ORATION Miramar, Florida ,USA Miami Intemational Airport Midfield Phase III C Project Manager Demolition and Removal of existing facilities including Incinerator, Wash Rack, Electrical Vault ,Fire Station ,Luggage Miscellaneous Buildings. Demolition and Removal of Existing utilities including: Pipe /culvert, Drainage structures ,concrete encased ducts ,Taxiways and Shoulder Pavement . Construction of Approximate 2,500 feet new Taxiway "Y"; 2,300 feet new Taxiway "W" , 750 Feet new Taxiway "Yl" and 780 fee Taxiway "Y2" . Including Eazth Work , 22" Stabilised Sub grade , 22" Lime-rock base course 5" Bituminous Pavement, paving marking, signage and Bi-directional green-green Taxiway centerline and elevated base mounted Taxiway edge light system . Construction of new High Speed Runway exit on existing Runways 12-30 and SR-26L including Spiral Uni-directional ,Center light system elevated and flush Base mounted Runway edge light JULIO CUENCA 773 NW 136 Ave., Miami FL 33182 Cell. (786) 402-0601 Home (305) 227-8013 juliocuenca®hotmail.com 2002 - 2004 CONSOLIDATED CONTRACTORS COMPANY (KUWAITT) W.L.L. Savannah Forest Station, Stann Creek, Belize, C.A Belize Southern Highway Construction Manager Review and assess project plans and specifications to ensure regulatory compliance, concerning eazthwork ,concrete, pavement ,drainage system and workforce safety issues. Prepare progress reports for management review reflecting labor, material, machinery ,and equipment requirements; track and control construction costs to avoid budget overruns. Interface on site and in weekly meetings whit contractors, engineers, inspectors ,and environmental energy specialist to review project status. Duect in excess of 50 crews members in areas of scheduling, delegation, supervision, pay certifications ,and performance evaluation from project inspection to completion. 2000 - 2002 CONSTRUMUNDO GENERAL CONTRACTORS San Salvador, El Salvador, C.A Project Coordinator 1989 - 2000 EDISAL GENERAL CONTRACTORS San Salvador, EI Salvador C.A. Project Manager /Assistant Project Manager 1987 -1988 FRED McGILVARY 1NC. Miami, Florida Estimator Engineer EDUCATION AND PROFESSIONAL TRAINING UCA UIVNEIZSTTY School of Civil Engineering San Salvador, El Salvador "Construction Cost" Sponsored by Mexican Society of Engineers (SMIEL) "Harvazd Project Manager' - CPM Standards, Pert and Fast Track "Highways and Bridge Construction Concepts". Sponsored by World Highways Institute "Construction High Productivity" Sponsored by Japanese International Cooperation Agency (JICA) ji,ILlO CLIENCA 773 NW 136w Ave., Miami FL 33182 Cell. (786) 402-0601 Home (305) 227-8013 juliocuenca®hotmail.com OTHER SKILLS • Experience in export and import operations • Knowledge and experience of heavy equipment maintenance • Quality control Management • Operation of crusher plants and the production of aggregates for concrete and hot mix asphalt. • Erection and setting up of metallic structure. • Knowledge and operation of utility computer programs including Microsoft Excel, Lotus Smart Suite, Microsoft Word, Quattro pro, Harvard Project Manager, Time Line, Auto Cad • Fluent in written and spoken English and Spanish • Computer Literate ACHIEVMENTS: - QC / QA experience in Hot Mix Asphalt. - US ARMY CORPS OF ENGINEERS spec's management experience. - BSN British Standazds and ISO-9002 Contracting experience. - MIA Airside Operation Area driving Certification PERSONAL: Mazried, US Citizen, Bilingual English-Spanish Bom 6/18/64 REFERENCES: Upon Request RICKY PIERSON 3855 Commerce Pkwy Miramar, FL 33025 Telephone: (305) 944-3922 EMPLOYMENT Solo Construction Corporation Vice President 1994-Present. • Responsible for field operations which includes Managing project managers, supervisors and foremen. • Ensure all personnel, equipment and scheduling needs are met on a daily basis. • Supervision of safety inspections and provision of guidance to ensure safety codes and procedures are adhered to. • Responsible for monitoring project construction to ensure quality and compliance. • Direct administration of company payroll operations Proiect Manager 1990-1993 • Negotiated contracts with vendors and subcontractors. • Conducted inspections at work sites to verity adherence to governmental regulations, ensuring successful completion of quality control inspections. • Monitored vendors and subcontractors billing, as well as project time lines ensuring conformance with schedule deadlines. • Communicated with owners to resolve-to-resolve outstanding issues related to projects. RICKY PIERSON EDUCATION Florida International University • Business Management Miami Dade Community College • Clearing Grubbing license Computer skills SECTION FIVE • Acknowledgement of Addenda • Addendums 1 & 2 • Subcontractors Listing Information ~ MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 305.673.7851 INVITATION TO BID (ITB) NO. 28-06/07 ADDENDUM NO. 2 April 11, 2007 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 UNDERGROUND UTILITIES is amended as follows: THIS ADDENDUM IS A DUPLICATE OF ADDENDUM 1 only the weight on the selection criteria has been amended No on-line bid submittals will be accepted only hard copy paper bids to be delivered to the City of Miami Beach Procurement Division. I. The following are answers to questions from prospective bidders. Q. Will any of the excavated materials be reusable? A. Please refer to the Technical Specifications section 02315. Q. Is builder's risk insurance necessary for this project considering there is no building involved? A. Yes, Builder's Risk Insurance is a requirement. There are adjacent structures that may be affected and for this reason Builder's Risk Insurance is required. Q. Does the City have a scheduled date for Interviews from bidders in reference to this bid? A. The Technical Review Panel will meet during the week of April 16-20 and will invite those bidders who are deemed responsive to the bid requirements. Bidders are requested that they have their key personnel available for interviews on the week of April 16-20. The key personnel include the following positions: 1) Construction Project Manager 2) Construction Superintendent Q. Sheet 65 of the bid document states "This contract is by and between the City of Miami Beach and Ebsary Foundation, Inc." Please provide corrected sheet. A. Attached to this Addendum is corrected page 65 to be replaced in the bid document. II. Attached are Amended pages 28 and added page 28-b to be replaced in the bid document. Amendments are as follows: The words that have been strikethrough are deleted, and the words underlined are being added. The TECHNICAL REVIEW PANEL (the "Panel")will rank all responsive bidders and will provide their recommended ranking to the City Manager. plaasefr-to-t-The evaluation and scoring process to determine the ranking of bidders a~$ will be as follows: 1) Qualifications and Experience of Contractor's Team (;~15 points) tr ~.<r c:i nr~r,ne:i ro t. ,, ~r,l.} ~- , 'i.ail! ..,u .ar-.~,.. .r. c~ :; e~;~, ;.. o; ..i.c, ;:.rr, he „k, o:;;:r j L,. .:; . i:: ~.,:~r. r t ,. J; jr., t 'r : ~ rlr•n:u,i;iy. 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the ~tAizRisk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (5 points). 3) 41Presentation and Interview of Key personnel (~ 20 points). 4} SZBid Price (~A 50 points). Scoring and ranking procedure: When tfae-T€CHPfISAI= F~~~VI #~P~~~~~ iist-k~idder~fe~safltar~datien e~Rhasa shall-bc~sar~+ed even to #~e evaidated grid sacred at-the and of tfie€valaatier~-~resess~# the~E-6HNaShL-~€VI€W R111~IE-~has~Fevidad tMelr sFe sfaatl-ar{-ive-at-a fnaa~Eere a~-whisl~-t~m~-thejr-will--pfe ' fesemr~endatiAra to the~ity-ManaaAr w#~ish~r~ tarn-#ia-will~revide his 6sr~issie+~ The Tyr''-'""r'ni DCVICIAI DA"ICI panel will convene and will score and rank all responsive bidders based on the above criteria The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel the City Manager shall recommend to the Mavor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the Citv Manager, without any action by the Mavor and City Commission has the authority, pursuant to Section 2-367 of the Miami Beach City Code to exercise any of the following options: (1) Reject the bid and if he determines that same is in the best interest of the City. re-advertise the item for bidding: or j2) Request that the Mavor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or ~3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the Citv Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the Citv Attorney's Office form approving the contract or contracts. and then the Mayor and Citv Clerk siar-ing the contract(s) after the selected or approved bidder(s) has (or have) done so. Onl r~the executed contract swill be binding on the contracting parties. lYe iaP r ~~ r•~ ti;-; , h: c zb7rno e c l:nr ;;~ .; r ..erdr:F• and :.;r r!r ro ob xhc ~n,t- v.c ~ a•:•rr E.c.y a rw 1 ~;.:u,l, ,.~ :r:r n, n+. cr t e<mv~un~~: Bidders are advised to acknowledge this Addendum on ITB document Page 138, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PURC\$AL L1Romanlbids\071ITB-28-06-07\itb-28-06-07A2.doc V•lr- cur. ,~ca, -+;.::. i,; i , ,wuirn_:..~ec- : ..~~. ~ ..~!. ..:~:,, r rind su er,, to ~ri~ ~~,/!c! ih.r. ~ in., ~~r:ii i:iuy a: c;t, ~ vd:r~.~ni, tt-.:E~~:.ur, ~,~.,~:nc. Cc~ntnrurr~ly. 00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA / SELECTION PROCESS The Evaluation process to be used by the City for this bid will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel proposed, and presentation and interview of Contractor's personnel. (See Section 00315) The procedure to be used for bid evaluation and selection is as follows: • Invitation to Bid issued. • Pre-Bid Meeting. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel. The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows 1) Qualifications and Experience of Contractor's Team (15 points) 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (5 points). 4) Presentation and Interview of Key personnel (20 points). 5) Bid Price (50 points). Scoring and ranking_procedure: The Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Mayor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: (1) Reject the bid and, if he determines that same is in the best interest of the City, re- advertise the item for bidding; or (2) Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or (ITB-28-06/07 CfTY OF 1~IlAM1 BEACH Amended Page 28, 28 Addendum 2) (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or .approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Onty the executed contract(s) will be binding on the contracting parties. (ITB-28-Q6/07 CITY OF MIAMI BEACH Added Pale 28-b, 28-b .4ddcndum 2) 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, ~ and hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all, unless specifically stated otherwise, labor, materials, equipment, supervision, mobilization, demobilization, survey, services and incidentals necessary to perform and complete the work to the full intent as shown or indicated in/on the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the schedule duration as stated herein and acceptance and approval of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization Plan, Safety & Health Manual, Quality Control Manual, Risk Management Plan, Schedule of Values, and attendance at the Pre- Construction Conference to review general administrative requirements; and to review in detail the Scope of Work and CONTRACTOR'S "Base Line" Project Schedule is a condition precedent to the issuance of the Second Notice to Proceed to mobilize on the Project Site and commence with the physical construction of the Work. ~rrB-as-oGro7 BID NO: 28-OG/07 CITY OF MIAMI BEACH Amended Page 65, UA'1'E: 03/13/07 GS Addendum 2) MIA1~11 BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fox: 305.673.7851 INVITATION TO BID (ITB) NO. 28-06/07 ADDENDUM NO. 1 April 10, 2007 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 UNDERGROUND UTILITIES is amended as follows: 1. The following are answers to questions from prospective bidders. Q. Will any of the excavated materials be reusable? A. Please refer to the Technical Specifications section 02315. Q. Is builder's risk insurance necessary for this project considering there is no building involved? A. Yes, Builder's Risk Insurance is a requirement. There are adjacent structures that may be affected and for this reason Builder's Risk Insurance is required. Q. Does the City have a scheduled date for Interviews from bidders in reference to this bid? A. The Technical Review Panel will meet during the week of April 16-20 and will invite those bidders who are deemed responsive to the bid requirements. Bidders are requested that they have their key personnel available for interviews on the week of April 16-20. The key personnel include the following positions: 1) Construction Project Manager 2) Construction Superintendent Q. Sheet 65 of the bid document states "This contract is by and between the City of Miami Beach and Ebsary Foundation, Inc." Please provide corrected sheet. A. Attached to this Addendum is corrected page 65 to be replaced in the bid document. II. Attached are Amended pages 28 and added page 28-b to be replaced in the bid document. Amendments are as follows: The words that have been strikethrough are deleted, and the words underlined are being added. The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation. and scoring process to determine the ranking of bidders aid-~#e~r-are will be as follows: ~~LA~€-4 1) Qualifications and Experience of Contractor's Team (2&-1 C~oints) t ~I. F' .'i::•!r n r,{i 17 } 7. 7ir i•.) C ;'ignl ~ t UIr:.>e?!~k .. )rlti :ii )rr^: i0 Uil roil(', irvP. t (.~l E, i)!:ii ))S:Jy In Url ~i.!;,a'~1, 1 : p :'iJ', :i'SI(.i rt ~,:i :R:IOUi 41p. 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the BAR-Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 3) 4ZPresentation and Interview of Key personnel (38- 20 points). P#A~1=-1#4 4~ Bid Price (~9 50 points). Scoring and ranking procedure: When the T€CI~NIC-„h~R~€VI€W R!1•N€1= se {ist~iddeFS~~ent+r~yatiera of Rfa shall-be- be••avaidated•-ancl seared at-the end of the-€~aluatiera-aresc3ss tie-T€ DC\/ICIA/ DAAICI c. L,r.ll .,di+ .+II +F~roe DF,.,~e c~nr~roc• ~nrl s~ rec~r~rraen~latieA tc•~tfae G+t~1~M~nagHr wk~isf~-i~ turn-#~e-wial~r~ic~ 6er~a+~issiea- T_he TCrunllr-el DC\/IC\n, DenlCl Panel will convene and will score and rank all responsive bidders based on the above criteria The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Mayor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the City Manager, without anv action by the Mavor and City Commission. has the authority. pursuant to Section 2-367 of the Miami Beach City Code, to exercise anv of the following options: ~) Reject the bid and, if he determines that same is in the best interest of the City, re-advertise the item for bidding; or (2) Request that the Mavor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the Citv Manager's recommendation(s). In anv case, the Mavor and City Commission shall select and authorize negotiations with the bidder(s) which the Mavor and Commission deem to be in the best interest of the City. The City Commission may also reLect all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and._G~ Clerk signing the contracts after the selected or approved bidder sLhUs_(or have} done so_Onl~ the executed contract(s) will be binding on the contracting parties. VVe are roc , r i;r..i tr,lr. ~urcirn•:1 E .c _I'.;m,_!blr cyr/ a ,r~ri,rrr~r;; rn irir whc.!:ce, wOr~, i)rr!laay ur ow ~ibr,m: n,rmn! r;isc:u, :.omrnur;ry, Bidders are advised to acknowledge this Addendum on ITB document Page 138, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PU RC\$AL L1Roma n\bids107\ITB-28-O6-071itb-28-O6-07A 1.doc .~ V1 F l!EF cGln; nitL?,7 1.:7 )r ~).iO.n•,] e. (~' •..r„ n, t.:i c SN!v~c.~ an<Y SoreN rc) 06 ~M1'~o sve. 1a~o+''.. oRCi Flrirr Irr o:n vrt!r~lnl. r!vNrca+, hiti/c;nC: C:om!Irun+ry. 00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA / SELECTION PROCESS The Evaluation process to be used by the City for this bid will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel proposed, and presentation and interview of Contractor's personnel. (See Section 00315) The procedure to be used for bid evaluation and selection is as follows: • Invitation to Bid issued. • Pre-Bid Meeting. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel. The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows 1) Qualifications and Experience of Contractor's Team (10 points) 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 4) Presentation and Interview of Key personnel (20 points). 5) Bid Price (50 points). Scoring and ranking procedure: The Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Mayor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: (1) Reject the bid and, if he determines that same is in the best interest of the City, re- advertise the item for bidding; or (2) Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or (ITB-28-06/07 C1TY dF MIAMI BEACH Amended Pale ZS, IS Addendum I) (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has (or .have) done so. Only the executed contract(s) will be binding on the contracting parties. - lITR-28-06/07 CITY OF MIAMI BEACH Added Page 28-b, 28-b Addendum I) 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all, unless specifically stated otherwise, labor, materials, equipment, supervision, mobilization, demobilization, survey, services and incidentals necessary to perform and complete the work to the full intent as shown or indicated in/on the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and .other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the schedule duration as stated herein and acceptance and approval of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization Plan, Safety 8 Health Manual, Quality Control Manual, Risk Management Plan, Schedule of Values, and .attendance at the Pre- Construction Conference to review general administrative requirements; and to review in detail the Scope of Work and CONTRACTOR'S "Base Line" Project Schedule is a condition precedent to the issuance of the Second Notice to Proceed to mobilize on the Project Site and commence with the physical construction of the Work. (1T6-28-06/07 BIll NO: 28-06/U7 CITY OF MIAMI BEACH Amended Page 65, UATF,: U3/13/U7 65 Addendum I) Table Of Contents Section One Identification Page Declaration: Nondiscrimination in Contracts and Benefits Reasonable Measures Application Section Two Bid/Tender Forms Bid Bond Supplement to Bid/Tender Forms Section Three Insurance Statement of Compliance Permits/Licenses Section Four Representative Projects Organizational Chart Staffing Plan Section Five Aclmowledgement of Addenda Addendums 1 & 2 Subcontractors Listing Information SECTION ONE • Identification Page • Declaration: Nondiscrimination in Contracts & Benefits • Reasonable Mearsures Application 3855 Commerce Parkway Miramar, Florida 33025 Ph:(954)447-2800/(305)944-3922 Fx: (954) 447-6768/ (305) 944-4406 Randy@ S oloConstructi on. com Federal ID#: 59-182-9536 Solo Construction Corporation was founded in April 19, 1978. We handle site and development construction. j _.' '1. ignature Of Officer) (Date) °° _ ~ ~ _~ ~) , rinted Name) ~~~ 1 j 1--- (Title) SECTION TWO • Bid/Tender Forms • Bid Bond • Supplement to Bid/Tender Forms SECTION THREE • Insurance • Statement of Compliance • Permits/Licenses Sign in Sheet Invitation to Bid (ITBJ 28-06/07 April 16, 2007 MULTIPURPOSE MUNICIPAL PARKING GARAGE BID PACKAGE Ol UNDERGROUND UTILITIES Name (Please Print) Company Phone # Time JJ ~1 o CU~c'r1c.~~ .. ~C>Vt S i t2~.~. i`~'0%1 .~-, . % ---..., `i ~/~ ~ ~ ~~ - f f~ ~~ sue: ~:~ SECTION FOUR • Representative Projects • Organizational Chart • Staffing Plan ~ ~ ~ ~ ~ w 0 O ~ ~ ~./ .~ ~ y a p ~ ~ a O ~ ~ ~ O ~ ~ _ ~ ,tio ~~ N ~~ ~ ,~ ~ ~ ' ~ ~a ~ . ~, ~, c o ~ a, .~ w ,~ A ~ ~ Q ~ , 0 O . ~ ~ ~~ o ~o ~~ ~ ~~ ~~ ~ ~~ ~ o ~~ L 'O ~o ~ ; 0 QI ~ ~ . ti ~ ~ F,+-~ ~ '.~ O •~ V ~ c ~~ i. ~ bD`' ~yy ~ 0 ir1 Q 0 ~ 5 ' +~ ~ ~ ~ O ,g, q ~ w STAFF PLAN Construction Project Manager :Julio Cuenca Extensive experience in construction and a broad background in all aspects of the management process. The above functions are one of the critical responsibilities: Primary contact with city Organize and plan the Job Buy out project (issue subcontracts and purchase orders) Submittals and transmittals Maintain change request log and control changes Formal- correspondence with owner and A/E Make or enforce required decisions to assure that major objectives aze met. Assist Superintendent to attain job goals. Conduct regulaz progress meetings with owner /architect Conduct pre construction conference Prepare breakdowns for payment and payment request Conduct inspections as required by the quality control program Construction Superintendent :Ricky Pierson Assist Project Manager as required Organize and plan job with Project manager in a daily bases Organize, Schedule and direct personnel and subcontractors Review cost and progress weekly Monitoring of MOT plan Ensure Testing coordination. Coordinate and maintain equipment Field procurement Respond to Reports Support the Quality control program Enforce all safety rules and procedures Secure site and closeout site each work day Site Foreman : Delroy Ricketts Water Main, Storm Drainage, Sanitary Sewer piping and installation of structures Foreman Foreman :James Felix Clearing ,Demolitions, Removal of Asphalt ,Road base Foreman James Felix Vladimir Chomiak: Survey ,Verified Locations of existing utilities, Construction Lay Out and As built record Certified Survey Derron Pierson: Equipment Operations and Maintenance Manager Subcontractors Cast in Place Concrete Work, Curb & Gutter, Valley. Gutter, Sidewalk and Protection Concrete Slab on Box Culvert .Sub Contractor Homestead Paving ,contact Dominic Gonzalves Restoration of Asphalt ,Milling, Asphalt Base Course Sub Contractor General Asphalt, contact Albert Lopez Drainage Well Drilling Sub Contractor : Jeffers Well Drilling Temporary and Permanent Striping and Signing Sub Contractor : Robert's Traffic ,contact Lisa Birchfield Electrical work Sub Contractor: Atlas corp. Engineering ,Shoring protection design and Monitoring Sheet piling driving vibration Sub Contractor : Ebsary Foundation S O ~ O Go~strz~ctGon Go oratGo~Z 3855 Commerce Parkway Miramar, Florida 33025 Phone: (954) 447-2800 Fax: (954) 447-6768 STATE SCHOOL QQ1 K-8 FACILITY Address: 3030 NE 1515. North Miami, FL 33181 Awarded Contract Alnount: $208,000 Final Contract Amount: $276,000 Status: C01~4PLETED 12/31/05 ....-- `~ ~~ r r:~ ~ PHOTO COURTESY OF SOLO CONSTRUCTION CURYORATION Brief Description Installation of waterline. Team Members Owner: The School Board of Miami-Dade County Address: 1450 NE 2nd. Avenue Miami, Fl 33025 PH/FX: (305) 995-1000/ General Contractor: F&L Construction, Inc Sub Contractor: SOLO Construction Corporation Architect/Engineer: Brown +Brown Architects /ADA Engineering Storm drainage systems ~- ~ Class 5 drainage wells LJ Sanitary sewer systems ~aYPotable water systems [-~i High voltage electrical distribution Contact Name: Julio Batista Superintendent :Ricky Pierson Project Manager: Ricky Pierson Telephone and data distribution Reinforced concrete load distribution C' Other: List as may apply S O ~ ~ GonstructGon Go ol"atGoyL 3855 Commerce Parkway Miramar, Florida 33025 Phone: (954) 447-2800 Fax: (954) 447-6768 NARANTA LAKES REDEVELOPMENT PROTECT Project Address: SW 140TH Ave & SW 272~dSt Naranja, Florida Awarded Contract Amount: $3,787,732.00 Final Contract Amount: $4,228,598.22 Status: One Phase Completed 12/31/06 Brief Description After the destruction of this neighborhood in 1992 by Hurricane Andrew, Miami Dade County created a Conununity Reinvestment Act (CRA) to rebuild this devastated Community. SOLO Construction Corporation was the successful bidder to provide site clearing, earthwork, water, sewer, and drainage constriction, new roadways, and bridges in an effort to rebuild this community this project is on going. Team Members Owner: Naranja Lakes Construction LLC Contact Name: Scott I-Iedge Address: 14600 SW 136 Street Miami, Florida 33186 PH/FX: (305)259-3100/(305)259-3200 General Contractor: SOLO Constn.ution Corporation Superintendent: Delroy Rickets Architect/Engineer: Ford Engineers Inc. Project Manager: Julio Cuenca f-r Storm drainage systems Class 5 drainage wells I~ Sanitary sewer systems r~'Potable water systems i _! High ~~oltage electrical distribution O Telephone and data distribution Reinforced concrete load distribution C Other: List as may apply 7, r SO LO ~ t~~ o~~t~ 3855 Commerce Parkway Miramar, Florida 33025 Phone: (954) 447-2800 Fax: (954) 447-6768 CITY OF SWEETWATER STORM WATER IMPROVEMENTS Project Address: SW 102nd Place & SW 5~ Street Awarded Contract Amount: $2,1.42,764.00 Status: COMPLETED 7/1/04 Final Contract Amount: $2,511,520.00 Brief Descri tp ion Site demolition, installation of several pump stations, stormceptor, drainage and sewage, relocation of existing water main at various locations throughout the City of Sweetwater Team Members Owner: The City of Sweetwater Address: 500 SW 109TH Avenue Sweetwater, FL 33174 PH/FX: (305)221-0411/(305)221-?_541 General Contractor: SOLO Construction Corporation Architect/Engineer: Craig A. Smith Associates 1000 W McNabb Rd Pompano Bch, F133069 (954)782-8222 ~~r~Storm drainage systems C Class 5 drainage wells Sanitary sewer systems C__; Potable water systems ~ High voltage electrical distribution Contact Name: Joe Jeffries Superintendent: Keith Leslie Project Manager: Stanley Bateman Li Telephone and data distribution i l Reinforced concrete load distribution i-1 Other: List as may apply JULIO CUENCA 773 NW 136' Ave., Miami FL 33182 Cell. (786) 402-0601 Home (305) 227-8013 juliocuenca~ho tm ail. com PROJECT MANAGER CONSTRUCTION MANAGER/ FIELD SUPERVISOR QUALIFICATIONS PROFILE Multi cultural, dynamic and goal driven engineer with 20 years of combined experience in the General Contracting, Construction Management and Supervision fields. Proven ability to complete projects safely, within budget, and on time. Excellent leadership, supervisory, and Scheduling skills, Dedicated, hard working professional. Projected to complete Florida General Contractor Construction License Including but not limited to the participation and Raising of National and International Highway, Vertical, Commercial, Industrial and Transportation Infrastructure contracting within the Construction and Civil Engineering Industry. PROFESSIONAL EXPERIENCE 2006- Present SOLO CONSTRUCTION CORPORATION Miramar ,Florida ,USA Naranja Lakes Redevelopment Project Project Manager Site clearing, earth work, water, sewer, and drainage construction, new road ways, and bridges, phase lA is completed and Phase 1B is on going . 2004 - 2006 SOLO CONSTRUCTION' CORPORATION Miramaz, Florida ,USA Miami International Airport Midfield Phase III C Project Manager Demolition and Removal of existing facilities including Incinerator, Wash Rack, Electrical Vault ,Fire Station ,Luggage Miscellaneous Buildings. Demolition and Removal of Existing utilities including: Pipe /culvert, Drainage structures ,concrete encased ducts ,Taxiways and Shoulder Pavement . Construction of Approximate 2,500 feet new Taxiway "Y"; 2,300 feet new Taxiway "W" , 750 Feet new Taxiway "Yl" and 780 fee Taxiway "Y2" . Including Earth Work , 22" Stabilised Sub grade , 22" Lime-rock base course 5" Bituminous Pavement, paving marking, signage and Bi-directional green-green Taxiway centerline and elevated base mounted Taxiway edge Rght system . Construction of new High Speed Runway exit on existing Runways 12-30 and 8R-26L including Spiral Uni-directional ,Center light system elevated and flush Base mounted Runway edge light JULIO CUENCA 773 NW 136a' Ave., Miami FL 33182 Cell. (786) 402-0601 Home (305) 227-8013 juliocuenca®hotmail.com 2002 - 2004 CONSOLIDATED CONTRACTORS COMPANY (KUWATTT) W.L.L. Savannah Forest Station, Stann Creek, Belize, C.A Belize Southern Highway Construction Manager Review and assess project plans and specifications to ensure regulatory compliance, concerning earthwork ,concrete, pavement ,drainage system and workforce safety issues. Prepare progress reports for management review reflecting labor, material, machinery ,and equipment requirements; track and control construction costs to avoid budget overruns. Interface on site and in weekly meetings whit contractors, engineers, inspectors ,and environmental energy specialist to review project status. Direct in excess of 50 crews members in areas of scheduling, delegation, supervision, pay certifications ,and performance evaluation from project inspection to completion. 2000 - 2002 CONSTRUMUNDO GENERAL CONTRACTORS San Salvador, El Salvador, C.A Project Coordinator 1989 - 2000 EDISAL GENERAL CONTRACTORS San Salvador, El Salvador C.A. Project Manager /Assistant Project Manager 1987-1988 FRED McGILVARY INC. Miami, Florida Estimator Engineer EDUCATION AND PROFESSIONAL TRAINING UCA UNIVERSITY School of Civil Engineering San Salvador, El Salvador "Construction Cost" Sponsored by Mexican Society of Engineers (SMIEL) "Harvard Project Manager" - CPM Standards, Pert and Fast Track "Highways and Bridge Construction Concepts". Sponsored by World Highways Institute "Construction High Productivity" Sponsored by Japanese Intema*~onal Cooperation Agency (JICA) ~ur~ro cuEivcA 773 NW 136 Ave., Miami FL 33182 Cell. (786) 402-0601 Home (305) 227-8013 juliocuenca®hotmail.com OTHER SKILLS • Experience in export and import operations • Knowledge and experience of heavy equipment maintenance • Quality control Management • Operation of crusher plants and the production of aggregates for concrete and hot mix asphalt. • Erection and setting up of metallic structure. • Knowledge and operation of utility computer programs including Microsoft Excel, Lotus Smart Suite, Microsoft Word, Quattro pro, Harvard Project Manager, Time Line, Auto Cad • Fluent in written and spoken English and Spanish • Computer Literate ACHIEVMENTS: - QC / QA experience in Hot Mix Asphalt. - US ARMY CORPS OF ENGINEERS spec's management experience. - BSN British Standards and ISO-9002 Contracting experience. - MIA Airside Operation Area driving Certification PERSONAL: Married, US Citizen, Bilingual English-Spanish Bom 6/18/64 REFERENCES: Upon Request RICKY PIERSON 3855 Commerce Pkwy Miramar, FL 33025 Telephone: (305) 944-3922 EMPLOYMENT Solo Construction Corporation Vice President 1994-Present. • Responsible for field operations which includes Managing project managers, supervisors and foremen. • Ensure all personnel, equipment and scheduling needs are met on a daily basis. • Supervision of safety inspections and provision of guidance to ensure safety codes and procedures are adhered to. • Responsible for monitoring project construction to ensure quality and compliance. • Direct administration of company payroll operations Proiect Manager 1990-1993 • Negotiated contracts with vendors and subcontractors. • Conducted inspections at work sites to verity adherence to governmental regulations, ensuring successful completion of quality control inspections. • Monitored vendors and subcontractors billing, as well as project time lines ensuring conformance with schedule deadlines. • Communicated with owners to resolve-to-resolve outstanding issues related to projects. RICKY PIERSON EDUCATION Florida International University • Business Management Miami Dade Community College • Clearing Grubbing license Computer skills SECTION FIVE • Acknowledgement of Addenda • Addendums 1 & 2 • Subcontractors Listing Information ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florida 33139, www.m~omibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, fox: 305-673.7851 INVITATION TO BID (ITB) NO. 28-06/07 ADDENDUM NO. 2 April 11, 2007 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 UNDERGROUND UTILITIES is amended as follows: THIS ADDENDUM tS A DUPLICATE OF ADDENDUM 1, only the weictht on the selection criteria has been amended. No on-line bid submittals will be accepted. only hard copy paper bids to be delivered to the Citv of Miami Beach Procurement Division. I. The following are answers to questions from prospective bidders. Q. Will any of the excavated materials be reusable? A. Please refer to the Technical Specifications section 02315. Q. Is builder's risk insurance necessary for this project considering there is no building involved? A. Yes, Builder's Risk Insurance is a requirement. There are adjacent structures that may be affected and for this reason Builder's Risk Insurance is required. Q. Does the City have a scheduled date for Interviews from bidders in reference to this bid? A. The Technical Review Panel will meet during the week of April 16-20 and will invite those bidders who are deemed responsive to the bid requirements. Bidders are requested that they have their key personnel available for interviews on the week of April 16-20. The key personnel include the following positions: 1) Construction Project Manager 2) Construction Superintendent Q. Sheet 65 of the bid document states "This contract is by and between the City of Miami Beach and Ebsary Foundation, Inc." Please provide corrected sheet. A. Attached to this Addendum is corrected page 65 to be replaced in the bid document. II. Attached are Amended pages 28 and added page 28-b to be replaced in the bid document. Amendments are as follows: The words that have been strikethrough are deleted, and the words underlined are being added The TECHNICAL REVIEW PANEL• (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. pf}ases'-~--'The evaluation and scoring process to determine the rankin4 of bidders aft-t#~ey-afe will be as follows: 1) Qualifications and Experience of Contractor's Team (~15 points) .~1'i-./'f' ..t. ill. iitif .l ~. :l~J-: i.i Fes(.-~ .. ..:I7!•~ ...i i1 t1 ... 1.'ri~ (. l/.i ~.l-~(.! .:( lM1'(.~Ir , i.. ~~ ~ ( . ~. l..i ... _., i): i(1 (- -"1. .. i'1 (. :.+(.1: - 1, ;.. . I .` il.ii l.. 1'i/I:~i lily'. 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the RAR-Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (5 points). 3) 4LPresentation and Interview of Key personnel (3(3- 20 points). €-~ 4~ 51Bid Price (~A 50 points). Scoring and ranking procedure: #er-R-base-t-At-t#~e The T~~u""~'A' ~C\/IC1A/ ~A"ICI panel will. convene and will score and rank all responsive bidders based on the above criteria The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Manor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project. then the City Manager, without anv action by the Manor and City Commission. has the authority, pursuant to Section 2-367 of the Miami Beach Citv Code. to exercise anv of the following options: (1) Reject the bid and. if he determines that same is in the best interest of the City. re-advertise the item for bidding; or (2) Request that the Manor and Citv Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the Citv Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the Citv Manager is unable to successfully negotiate an agreement with the second lowest and best bidder. the Citv Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reiect the City Manager's recommendation(s). In any case. the Manor and City Commission shall select and authorize negotiations with the bidder(s) which the Manor and Commission deem to be in the best interest of the Citv. The City Commission may also reiect all bids received. The selection or approval by the Citv Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and Citv Clerk signing the contract(s) after the selected or approved bidder(s) has (or have done so. Onl~the executed contracts wilt be bindin4 on the contracting parties. ~'Ve i)If+ ,-(:•!1:!!111,-+., f-, 1.'~)r: 1111!) FY(:.~:1...1 ,.. 1)t!!' )E,"i•i'F !71 (7 ,;~1F!!'r• tU Ull :1'f!() i'Y('. .~'(•r.:' (7 .1 (7h:'y' :I ();il \'!~) .7111 1!!1~1:i !11 r..~...ll~'. '. ()!I.II'!i!11111 Bidders are advised to acknowledge this Addendum on ITB document Page 138, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PURC\aALl.lRoman\bids\07\1T8-28-06-071i1b-28-06-07A2.doc tb`r..;:r. r.. r. ~,;r~;, r , l;..m ,ui, .::•c= :., . ~ ,.:.: i.' ....,,.. ,mgr sarrr,: ,u r,,; ~rnu r.o-r, r. or. ~ •,~ ~;n:~ u+ v{,r v.(. •~nr, nc:~.ut.ur, ,rslc?~ic c:omrnurriN. 00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA / SELECTION PROCESS The Evaluation process to be used by the City for this bid will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel proposed, and presentation and interview of Contractor's personnel. (See Section 00315) The procedure to be used for bid evaluation and selection is as follows: • Invitation to Bid issued. • Pre-Bid Meeting. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel. The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows 1) Qualifications and Experience of Contractor's Team (15 points) 2) Risk Assessments (10 points). A Preliminary Project Schedule should 6e attached to the Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (5 points). 4) Presentation and Interview of Key personnel (20 points). 5) Bid Price (50 points). Scoring and ranking_procedure: The Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Mayor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: (1) Reject the bid and, if he determines that same is in the best interest of the City, re- advertise the item for bidding; or (2) Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or ~ITB-28-06/07 CITY OF N11AA41 BEACH Amended Page 28, 28 Addendum 2) (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. (iTB-2R-06/07 CITY' OF M1AM1 BEACH Added Pale 2R-b, 2R-b .4ddcndum 2) 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all, unless specifically stated otherwise, labor, materials, equipment, supervision, mobilization, demobilization, survey, services and incidentals necessary to perform and complete the work to the full intent as shown or indicated in/on the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the schedule duration as stated herein and acceptance and approval of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization Plan, Safety 8 Health Manual, Quality Control Manual, Risk Management Plan, Schedule of Values, and attendance at the Pre- Construction Conference to review general administrative requirements; and to review in detail the Scope of Work and CONTRACTOR'S "Base Line" Project Schedule is a condition precedent to the issuance of the Second Notice to Proceed to mobilize on the Project Site and commence with the physical construction of the Work. ~rrB-iB-ob/o~ BID NO: 18-06/07 CITY OF MIAMI BEACH Amended Page 65, DA"1'E: U3/13/U7 65 Addendum 2j m MIAMBEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeochFl.gov PROCUREMENT Division Tel: 305.673.7490, Faz: 305-673.7851 INVITATION TO BID (ITB) NO. 28-06/07 ADDENDUM NO. 1 April 10, 2007 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 UNDERGROUND UTILITIES is amended as follows: I. The following are answers to questions from prospective bidders. Q. Will any of the excavated materials be reusable? A. Please refer to the Technical Specifications section 02315. Q. Is builder's risk insurance necessary for this project considering there is no building involved? A. Yes, Builder's Risk Insurance is a requirement. There are adjacent structures that may be affected and for this reason Builder's Risk Insurance is required. Q. Does the City have a scheduled date for Interviews from bidders in reference to this bid? A. The Technical Review Panel will meet during the week of April 16-20 and will invite those bidders who are deemed responsive to the bid requirements. Bidders are requested that they have their key personnel available for interviews on the week of April 16-20. The key personnel include the following positions: 1) Construction Project Manager 2) Construction Superintendent Q. Sheet 65 of the bid document states "This contract is by and between the City of Miami Beach and Ebsary Foundation, Inc." Please provide corrected sheet. A. Attached to this Addendum is corrected page 65 to be replaced in the bid document. II. Attached are Amended pages 28 and added page 28-b to be replaced in the bid document. Amendments are as follows: The words that have been strikethrough are deleted, and the words underlined are being added The TECHNICAL REVIEW PANEL (the "Panel")will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders aed-1#ey-ire will be as follows: R-~ 1) Qualifications and Experience of Contractor's Team (>29-10~oints) fi'r' ,7:E .. '...1 Ilrf.•=~I I.J •:li:•. 11 •, f'~(-•.~.1 .1 ,I.f, •:. l.!r li !' ill,l7 -i~1rr ~ (() 111 '.171(1 iiY .•. (.•I K, I.:il (l.l) I!I (/tli llE~ ). 1 1' ~ r I 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the RARRisk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). ~) 41Presentation and Interview of Key personnel (~9- 20 points). R#A'S€-Iff 4-) 51Bid Price (~A 50 points). Scoring and ranking procedure: The T~ru~~i~ei ~c~i~~~ni oe~ici panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel. the City Manager shall recommend to the Manor and Citv Commission the bid(s) that the Citv Manager deems to be in the best interest of the City. unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the Citv Manager, without anv action by the Manor and City Commission, has the authority. pursuant to Section 2-367 of the Miami Beach City Code, to exercise anv of the following options: (1) Reject the bid and, if he determines that same is in the best interest of the City, re-advertise the item for bidding; or (2) Request that the Manor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder: or L3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder. the Citv Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder If the Citv Manager is unable to successfully negotiate an agreement with the second lowest and best bidder the Citv Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The Citv Commission shall consider the City Manager's recommendation(s) and may approve or reject the Citv Manager's recommendation(s). In anv case. the Manor and Citv Commission shall select and authorize negotiations with the bidder(s) which the Manor and Commission deem to be in the best interest of the City. The Citv Commission may also reLect all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s) A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts. and then the Mayor and City Clerk signin the contract s after the selected or approved bidder(sLhos ~ have --done sow Only the -executed cost; acts will be binding on the contracting parties. L'1~e i)!F r'pr n.'niriP,i r:. (1'•1o-i~fin) ~%tC 9! .II [,~..3r4' ci!Nl['r' rl. ,1 .iJ .t W,• !f) 07; »'h(.. 'rvP v: C•N• ilNrf 1=1;;y' ui f)Ur vrf)~'.- rr' !r ~: Di/r) ,;Sd:,nr ,-t; mlrlur"ry Bidders are advised to acknowledge this Addendum on ITB document Page 138, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm F:\PURC\$ALL\Roma n\bids\07\ITB-28-06-07\itb-28-06-07A 1.doc VVe cs:r ro~:uni7~~i I•) fr;;•.: lm ~ NcaL~i.. /. i.4c. ~!vicr ;iniY soieR• h~ oli .vnc', iive. ,+orr. onci F:a,y n, o„r viLrml 1rt:~/Jita:)i, h~ak.~ur. conununrry. 00305. TECHNICAL REVIEW PANEL SELECTION, CRITERIA / SELECTION PROCESS The Evaluation process to be used by the City for this bid will be one of "Best Value Procurement", meaning that the City will, in addition to price, consider past performance on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel proposed, and presentation and interview of Contractor's personnel. (See Section 00315) The procedure to be used for bid evaluation and selection is as follows: • Invitation to Bid issued. • Pre-Bid Meeting. • Receipt of bids. • Opening and listing (except pricing) of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Technical Review Panel. The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and will provide their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows 1) Qualifications and Experience of Contractor's Team (10 points) 2) Risk Assessments (10 points). A Preliminary Project Schedule should be attached to the Risk Assessment Plan (RAP). 3) Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 4) Presentation and Interview of Key personnel (20 points). 5) Bid Price (50 points). Scoring and ranking_procedure: The Panel will convene and will score and rank all responsive bidders based on the above criteria. The Panel's recommendation will be presented to the City Manager. After considering the recommendation(s) of the Panel, the City Manager shall recommend to the Mayor and City Commission the bid(s) that the City Manager deems to be in the best interest of the City, unless only one bid response is received, and/or the lowest and best bid exceeds the budgeted amount allocated towards the construction cost of the project, then the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: (1) Reject the bid and, if he determines that same is in the best interest of the City, re- advertise the item for bidding; or (2) Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder; or (ITB-28-06/07 CITY OF MIAMI BEACH Amended Page 28, IS Addendum 1) (3) Negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and then the Mayor and City Clerk signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. (ITB-28-06/07 Cl1'Y OF MIAMI BEACH Added Page 28-b, 28-b Addendum 1) 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certifies that it will provide adrug-free workplace program by: (1) Advising all employees/prospective employees, including those of subcontractors, that a prerequisite condition of employment on the Project will be passing a drug screening test. (2) Certifying that a drug screening test shall be carried out prior to any employee starting work and the cost of all tests shall be the responsibility of the Contractor and be included in the Lump Sum Bid Price. (3) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (4) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining adrug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (5) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraphs (1) & (3); (6) Notifying all employees, in writing, of the statement required by subparagraphs (1) & (3), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/].3/07 60 (7) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4 & 6) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (8) Any employee who tests positive on a drug test and or is convicted of drug abuse shall not be allowed to work on the Project site. (9) Within thirty (30) calendar days after receiving notice under subparagraph (4 ~ 6) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (10)Making a good faith effort to maintain a dfug-free wok lace, program through implementation of subparagraphs(1)thvough (9). ~ `~ ~, (Bi~fder~gnature) f- i ~--• i (Print Vendor Name) STATE OF I-- IC'-4 ~ 1 ~~ <~~ COUNTY OF ~=~»,~„ - !_`>c~ C..' e The foregoing instrument was acknowledged_ before me this ~' day of ~~ix.0 , 20 t~"7 , by 1%.c, r-, C) ~E +~~ C ~' S, ~ as -~ ,. (name of person whose signature is being notarized) ' 1~c~~~~ ~ i>E~:-,-{~ (title) of ~.I~ ~ c,,~r~c rlur, ~u; ;~ , _ _._ __ __ ...(name of corporation/company) .......... ............... ,,known to me to be the person described herein; or who produced as identification, and who did/did riot take an-oath. NOT Y PUBLIC: ~'~.~ - , nature) (Print Name) My commission expires: BID NO: 28-06/07 DATE: 03/13/07 ~o J~~N C... ~kiF ~~;, . wo~'~et 16, 9F :~2~ l~iAN ~*~. *. ~..® y'. #DD 491492 '+,'~~AUg~~D~~Si pt~a~~. CITY OF MIAMI BEACH 61 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit cription Unit Price Price Extended ~ ,` ~ , r. ~ JC ~J, ~- z Total $ ~~~ ~-'~'~`- ~, ~~~c~> ::t Method BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: U3/13/U7 62 IN ~ ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. ature of Bidder *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS, i.e., DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRI__CE EXTENDED. AND METHOD. BID NU: 28-06/0? CITY OF MIAMI BEACH DATE: 03/13/07 63 00550. RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/I3/07 64 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and Solo Construction Corporation, hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all, unless specifically stated otherwise, labor, materials, equipment, supervision, mobilization, demobilization, survey, services and incidentals necessary to perform and complete the work to the full intent as shown or indicated in/on the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the schedule duration as stated herein and acceptance and approval of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization Plan, Safety & Health Manual, Quality Control Manual, Risk Management Plan, Schedule of Values, and attendance at the Pre- Construction Conference to review general administrative requirements; and to review in detail the Scope of Work and CONTRACTOR'S "Base Line" Project Schedule is a condition precedent to the issuance of the Second Notice to Proceed to mobilize on the Project Site and commence with the physical construction of the Work. (ITB-28-06/07 BID NO: 28-06/07 CITY OF MIAMI BEACH Amended Page 65, DATE: 03/13/07 65 Addendum 2) The CONTRACTOR shall submit and have approved by the PROGRAM MANAGER all necessary documents required by this provision prior to the issuance of the second Notice to Proceed as set forth below: Submittal Description To be Submitted by Contractor along with the Executed Contract Documents "Contract Award" 1`~. NTP 2nd.NTP (Contract Award Plus 30-days) ~~~ Bid Bond Witlh Bid Pre-Gonstrucfion Conference + 30-da s X List of Deliverables X Pertormance Bond X Pa ent Bond X Certificates of Insurance X Contractor's License X Risk Mana ement Plan -Final X Mobilizaton Plan -Draft X Pro'ect Schedule -Draft X Qualit Control Manual -Draft X Safet & Health Manual -Draft X Schedule of Values -Draft + 21-da s Mobilizaton Plan -Final + 21-da s Pro'ect Schedule -Base Line + 21-da s Qualit Control Manual -Final + 21-da s Safet & Health Manual -Final + 21-da s Schedule of Values -Final +21- da s Construction NTP X Notes: * For the purposes of this schedule, the term "Contract Award" shall be the last date of execution of the Contract by both parties. ** For the purposes of this schedule, the reference to "Day" or "Days" shall refer to calendar days. 2.2 Time is of the essence throughout this Contract. This Project shall be substantially completed within One Hundred Fifty Three (153) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within Thirty (30) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of TWO THOUSAND DOLLARS ($2,000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 66 time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of TWO THOUSAND DOLLARS ($2,000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 67 ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X] This is a Lump Sum Contract:* 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. BID NO: 28-06107 CITY OF MIAMI BEACH DATE: 03/13/07 68 ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR shall submit at the end of each and every month an Application for Payment for work completed during the current month. 4.1.1 CONTRACTOR shall submit to the PROGRAM MANAGER a draft pay application for his review. The PROGRAM MANAGER and CONSULTANT shall review the draft application with CONTRACTOR and resolve any differences prior to submitting the months formal pay application. 4.1.2 PROGRAM MANAGER and CONSULTANT shall make every effort to ensure that each pay application is reviewed and a recommendation to OWNER is completed within five (5) working days from receiving a complete, correct pay application that is properly executed. 4.1.3 OWNER shall upon receipt of a written recommendation for payment from PROGRAM MANAGER ensure payment to CONTRACTOR within sixty (60) days. CONTRACTOR'S application shall be in the format approved prior to the Second Notice to Proceed. Each application shall provide supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule, with a copy of a current "Errors Report" identifying no errors, acceptable to CONSULTANT, as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (60) days after approval by CONSULTANT of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 69 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR'S performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 70 conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR acknowledges that it is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 71 6.5 6.6 6.7 Third Partv Beneficiaries Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: CIP Deaartment 77717 Street, Suite 201 Miami Beach, Florida 33139 Attn: Jorge Chartrand, CIP Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach. Florida 33139 Steahen Baumal Pros~ram Manager URS Corporation 7650 Coraorate Center Drive, Suite 401 Miami. Florida 33126-2665 For Contractor: Mr. Randv Pierson, President Solo Construction Corporation 3855 Commerce Parkway Miramar, Florida 33025 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 72 any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 73 the same or similar formality as this Contract and executed by the Board and CONTRACTOR. 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 74 IN WITNESS WHEREOF, the parties have set eir hands and seals the day and year first above written. ATT ST: ,~'" TH C V A/l (~ City Clerk Robert Parcher M Y CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: ~ _ ~-~ (Secre ary) (Corporate Seal) [If not incorporated sign below.] WITNESSES: CONTRACTOR ~ ~R ~ me of Corporation) By: ~ - (i re) r'.,._ I~.c9 ~:1.) - ~`5t (Print Name and Title) ~~ day of~ ~ ~ , 20 BEACH David Dermer CONTRACTOR (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE ~ FOR EXECUTION BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 75 (,,, V~ ate 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 76 ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY1~ 04/02/2007 PRODUCER (305) 558-1101 FAX (305) 822-4722 XBM Construction Insurance Inc. 7850 Northwest 146 Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami Lakes, FL 33016 INSURERS AFFORDING COVERAGE NAIL # INSURED Solo Construction Corp INSURERA: TranBCOntinental Insurance Co 20486 3855 Commerce Parkway INSURERe: Continental Casualty Co 20443 Miramar, FL 33025 INSURERC: American Guarantee rt Liab Ins INSURER D: Vall@y FOrge Inauzaaae CO 20$08 INSURER E: CAVFRA2RS THE POLICIES OF INSURANCE. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS GENERAL LIABILITY 2077253623 09/18/2006 09/18/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 100,000 CLAIMS MADE Q OCCUR MED EXP (Any one person) a 5 , 00 0 A PERSONAL B,ADVINJURY S 1,000,00 GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S 2 , 00 0 , 000 POLICY g PRO LOC JECT AUT OMOBILELUIBIL-TY BUA2072710048 09/18/2006 09/18/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ee accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S B X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS ~ ~/~y-'Jf ~// II (Peraeddent) S G PROPERTY DAMAGE (Per accident) $ GARAOE LUUlILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN S AUTO ONLY: AGG $ EXCESSIUMBRELLALIABILITY AIIC591615101 09/18/2006 09/18/2007 EACH OCCURRENCE S 10, 000, 00 X OCCUR ~ CLAIMSMADE AGGREGATE S 10, 000, 00 C g DEDUCTIBLE S X RETENTION S $ WORKERSCOMPENSATKfNAND ' WC2072709837 09/18/2006 09/18/2007 X WCSTATU- OTH- D EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 1,000,000 OFFICERlMEMBEREXCLUDEDT H d ib d E.L. DISEASE-EA EMPLOYE S 1,000,000 es, escr e un er SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT S 1,000,00 OTHER DESCRIP710N OF OPERATKINS I LOCATKNiS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ertificate holder is listed ae additional insured with respect to General Liability. 8xcept for 10 days notice for nos-payment of premium. CERTIFICATE 4111 I1FR nwuner r wT~~u SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Miami HeaCh BUT FAILURE TO MAIL SUCH NOTICE SHALL BAPOSE NO OBLIGATKfN OR LIABILITY 17 00 Convention Center Drive OF ANY KIND UPON THE INSURER, ITS AGENT'S OR REPRESENTATIVES. Miami Beach, FL 33139 AUTHORI2EDREPRESENTATNE N,,yr-~-1. ~-.. Alex Perez/LIIISA -- ACORD 25 (2001/08) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) BOND NO. K06810408 00710. FORM OF PERFORMANCE BOND SOLO CONSTRUCTION CORPORATION- 3855 COMMERCE BY THIS BOND, We PARKWAY: MIRAMAR, FL 33025 -(3051944-3922 aS Principal, hereinafter called CONTRACTOR, and WESTCHESTER FIRE INSURANCE COMPANY- 500 COLONIAL INTR. PKwv ~TF zno ~g~5o u~~wFLI. ~a ~nm~ ~~~s~795.4~e,_, as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of ONE MILLION, TWO HUNDRED THOUSAND AND Nonoo------------------------------------------------- Dollars ($1,200,000.00--) 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.: 2s-o6io~ awarded the day of 20 ,with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract' ; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of MULTIPURPOSE MUNICIPAL PARKING FACILITY -BID PACKAGE Ol-UNDERGROUND UTILITIES, 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; an BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 77 FORM OF PERFORMANCE BOND (Continued) 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 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 19th ,day of .TUrrE , 200 BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 78 FORM OF PERFORMANCE BOND _S Secref~ry (CORPORATE SEAL) IN THE PRESENCE OF: o.,CE~C.2. ~ - (Continued) By:. 'TION CORPORATION of Corporation) ~o~r~~ 1Y~s~ (Print Name and Title) INSURANCE COMPANY: WESTCHESTER FIRE INSURANCE COMPANY ..~- By: A and Attorney-in-Fact-~.~~ ~ITSCNIrr 770 SOUTH DIXIE HIGHWAY, Address: sUITE loi _ (Street) CORAL GABLES, FL 33146. (City/State/Zip Code) Telephone No.: 305-662-3852 BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 79 BOND NO. K06810408 00720. FORM OF PAYMENT BOND SOLO CONSTRUCTION CORPORATION- 3855 COMMERCE BY THIS BOND, We PARKWAY; MIRAMAR, FL 33025 -(305) 944-3922 aS Principal, hereinafter called CONTRACTOR, and WESTCHESTER FIRE INSURANCE COMPANY- 500 COLONIAL CNTR. PKWY.. STE 200 #9250: ROSWELL. GA 30076 (678) 795-4397-, aS Surety, are bound to the Clty of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of ONE MILLION, TWO HUNDRED THOUSAND AND NO/100 Dollars ($1,200,000.00------) 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.: 2s-o6io7 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. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 80 FORM OF PAYMENT BOND (Continued) 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. 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 I9th day of JUNE ATTEST: /~ ,.. - ~. (Secr ark) (Corporate Seal) BID NO: 28-06/07 DATE: 03/13/07 CONTRACTOR .._ 20 07 UCTION CORPORATION of Corporation) By: (Pnrint Name and Title) ' `- ~ day of c~~v , 20,~. CITY OF MIAMI BEACH 81 IN TH PRESENCE OF: ---~. INSURANCE COMPANY: WESTCHESTER FIRE INSURANCE COMPANY By: gent and Attorney-in-Fact-D. w. nti~~s~Nrrl 770 SOUTH DIXIE HIGHWAY, Address: SUITE lol _ (Street) CORAL GABLES, FL 33146. (City/State/Zip Code) Telephone No.: 305-662-3852 BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 82 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, ~ ~-t-I ~~~~ certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and P ment jB~ond (Performance Bond and Payment Bond); that b~C7-1 'CC~~S~.1 ,who' signed the Bond(s) on behalf of the Principal, was then ~~~~1 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 atteste to on behalf of saidcorporation by authority of its governing body. (SEAL) Secretary on behalf of) SOLO C~?taSTRI:}CTION CORPORATION Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADS ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared D.W. MATSON III to me well known, who being by me first duly sworn upon oath says that helshe 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 19th day of JUNE , 20 07 My commission expires: DINIACAVALIERE- NO a Public, Stat of FLORIDA JUNE 19, 2008 Bonded by TROY FAIN INSURANCE INC. y gs~~:dv~~ Dinia Lavaliere :~ ;Commission # DD327966 .~~~,~ Expires June 19, 2008 ~,r,~,irBonded Tmy Fein • Inwrenca, Inc. 800.7857019 BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 83 ~~'ower ~f WESTCHI/STER FIRE INSURANCE COMPANY ~` 1 ~ 75275 ~\'4 Attorney I 244767 - f KriOW ail Inert by tilCSe pI'e$entS: That WESTCHESTER FIRE IIVSURAN£E CQMPANY , a corporation of tale State of New York ,having its principal office in the City ofAtlanta ,Georgia , put5uant to the following Resolution, adopted bythe Board of Directors of the said Company on NovBmber 8;,1999, to I wit: "RHSOLV'ED, ffiat the following Rubs shall govern rho execution for tht Cowpa^y ofbopds, undertakings, recognizances,conVacts apd other wnungs in the pature tbcrwf~ ' (3) That ifie Ptesidtdtt, any.Seatior Vice Preside^t, any Vree President, apd Assistant Vtce Praidrnt, or anyAttorney~ia-Fact, may executa'fora^d on behalf of ttu Company any,and ell bonds; undestakings,recoguizancd, contracts and othrn writings m the natyre kYareof,.tho same [olio attested when pexessary by [hc Corporate Saretary, or any kssistant Corporate Secretary, and the seal of the Company affixed:theteto;ani3 that the President, any Sanwr Vice President, any Vice President or any Assistant Vita Prestdenrtnay eppotnt and wthoiie any other Offroer (elfeted or apporiuad) of the Company, az Anoracys-In-Fan to so execute or attest to the execution of all such writings on behalf of We Company at,d to affix the seal of the Company Iheretp :: : I (2) Any such writing executed m accordance wrth these Rules shall be as binding upon the Cgmpany to any case as though signed by the President and attested to by the Corporate Secretary I , (3) T'.he wgnature at tht President, nr o Senior Vreo President, or a Vice President, or an Assistant Yice Presadetrt and the seal ofhh Compenq: may be affuedby facsimile oa anypower of etiomey granted pursuant to this ' Resoluhop, and the signature of a etn-tify ing Officer and the seal: of the Company may be afYuted by facsimile to any cam ficate of azry such power, and apy such power Or tern ficata hewing such faesrmlla signature eptl seal ' shall be validand bind[^g on the Company : , (4) Such other Officers of the Compapy,.and Attorneys-In Fact shall have euthonry to certify or verify copies of this Reso[tuton, ahe By-Laws of the Company, aqd any afftdas tt or t~cord of the Gompa^} necessary to the dischargeof their duhesi - (5) :The passage of this Resglupon does riot rex oka any carper auttionty granttd by Resohttions of the Hoard of Drrritors ° Does hereby ntnlinate, constitute and appoititD:W. MASON, III and JOHN W. CHARI:TON both of the''City of Coral Gables, State of k'lorida ..iii' each. individual ly zf there be more than one named; its true and lawful attorney:-m-fact;- to,make, exccUte, seal and deliver on its baba[€, and as its act and ~ deed any andall bonds, undertakings, reCognizanccs, contracts and other wntings in the nature thereof rn penalties not exceeding Twenty Million Dollars ($20«000,{}00) and the. execution of such writings in pursuance ofthese presents shall bear binding upon said Company, as fully and amply as if they had been duly executed and ackowledged by the regularly elected officers of the Company at its principal office IN WITNESS WHEREOF, the said Stephen M. Haney ,Vice-Prestdeiit, has hereunto subscribed hxs name and affixed the'cotliorate seal of the sBidWESTCHESTER FIRIINSURANCE CUMPANY this 29th day ofSeptembor2006'. ~ ~ 'tl'Ygr`~ WESTCHESTER F1RE INSURANCE COINPANY Stephen M.'Haney ,Vice President ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. j ~ On thisZ4th dayof September , A.D. 2flD6 ,'before me, a ~lotary Fubhc of the Commonwealth of Pennsylvani3in andfor the County of Philadelphia I I eame Stephen M; Harney ,Vice-President of the WLwSTCHEST~R FIRS INSURANCE COMPANY>to me personally krmwn to be the individual and ~ officer who executedthe preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seat of said Company; hat the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and ~ that Resolution, adopted. by the Board ofIyirectors of said.Companyseferred to rn the preceding instrument, is now in force. ' iN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal atrhe City of Philadelphia the day and year first above written. ~: ~~it~1H nira,rtr rr,. I r ~~N i%. ~~~ ti I ~ ~~., ~,d. ',~ "_ NOT.9.RIAL SEAL ~. _ ~ ~i~~, 7r, ~' 3 ; Kathieen 1`iai, Notary Pzrblic ~ ~'~ ,4 ~ , . C) ~ t ~- ~ i'hiiadelphia, Phitadelpirla County - _: ~__ ~ _~ . _ .: ~._-- - 1 9 ~ Note Pubtic y-~~i ti ~ \ 2 ~': ~4ystoRtatissiaAtx{rites5eptert^.er<"~,2Cni? rY I ~ ~ -~ ~ -~' ~ .~ C ,,~ ~ ,,,., „t,,tx'` I, the undersigned Secretary of WESTCtI)~STER FIRE INSURANCE CdMPANY , do hereby certify that the original. POWER OF I ATTORNEY, of which the foregoing isa substantially tine and correct copy, is in full force and effect. I In witness whereof, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this 19th day. of JUNE ,2007: ~ .#, rp ~at ~^ ~~ .` ~-~ >~ ti~, ~~~~~~~~~ George D. Mulligan,Secretary TH"tS POWER GF ATTORNEYMAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTIQN DATE AF-fERSeptember 2~, 2008:. ~' THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES ~ THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 97 (~~ '~ti°--rnrc r I'l ri~io 'n 1 In'Ferl C4 i --~- ~~ ~ ~~h 'tee ..~~ ~ +nZIT'Q7fe„ /Q.+nL Ic. c~~~er n.~me\ e ~ ~ ~--tC~C~e~:7~' ":7t1Y~-e~t~ ~.'` "'n' li--eTrnir~-t~~t~StP'S~7~d~ttd"~,~{ R~QYfRdYe e i r ~ ~ ~rat2T BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 84 L1r~f4c• m~ ~~• he~r ~e• 1111r~.un ~ ~ r I e4~er n rerJi} In ~i'LiR'J~77Li".7T-s7riRT e' ~ ~e! ~ __~. ,-ccrc-P (~~\ of / Q ~r-FFB~a~~e~ T h ~ ce~eF A~ fe~~~ S~~ C FeRe ~e iAfE~ ~ AFSk~6 @fFAc ~ of F1~e 62St nne /~ \ •in.~ r o.~i.h i-r ir r - - -s - -- -- - .~ -~ e i in c.4rumon4 nr ran reemen4 re fe rre~•1 4n f hnrni n r.r •n uihinh ~hir• I o+~e~r of (~rorl i~ in refe f rre rJ ~.r 44~~ }~ r ~~e eF~ " fe e~a ~R~~R F~t16~ f~eFe R 'III nn+ ho rlee mei•) 4n innn rr,~r'++e tF1 tt F C dttt CC~~ herein by refe renne env rlnn j ..men~ i t nn#n. menf n . r ~r.re e~me~n4 r . S. ~.n~nr fhie~ I ' ' e ~e, " ~ ri #'l ve /'1 \ •i Teti~ed e~i+r i+~er 4h e C•n.,l r y t?fFQ~1~F. [CC + ~ ~{~f~ ' e- ~' eE '~ t eT +~ h~ ~MC a~ - ~'~ f r ~iCt ~it ttt f F~ rr * n ~ ~ ~~ . r BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 85 00800. GENERAL CONDITIONS: CONTRACT DOCUMENTS: 1.1. All Work shall be done in strict accordance with the Contract Documents 1.2. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.5. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Contract Documents; one of which shall be preserved without alteration, labeled "Record Copy," and always kept accessible, in the CONTRACTOR'S site office, to the PROGRAM MANAGER and CONSULTANT. In addition one copy of the l~ejest Contract Documents shall be used strictly as a "Red Line" set, identified accordingly, and kept in a safe location in the CONTRACTOR'S site office. Additional copies of the Contract Documents may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have awell-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted. in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT'S review and acceptance: BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 86 3.1.1. A Project "Draft" schedule, one (1) copy on a CD and One (1) hard copy, in the indicated form: [ X] Bar Chart (]Modified CPM [ ]CPM [ ] Computerized CPM er~^^ +he ~~+e~+ o.r~+;,,., ~r:mnvern D~ e (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") CONTRACTOR shall provide a preliminary man loaded, logic based "Base Line" Project schedule using The progress schedule shall indicate the "Early Sstart" and "Early Finish" dates for each activity. The Contractor shall include, in addition to normal work activity input, input that encompasses all submittal approvals, delivery durations for important materials and/or equipment. Logic relationships of activities including physical and site restraints. This input shall be submitted using precedence based CPM schedule using the, most recent version of Primavera P3 software. CONTRACTOR shall provide PROGRAM MANAGER with a copy of the software. The preliminary project schedule when submitted shall include an error report that states no errors and be acceptable to CONSULTANT. Monthly, CONTRACTOR shall submit with each progress application an update of the Project Schedule with an error report stating no errors (that does not revise the base line ss#~e~le}, showing the progress for the month. CONTRACTOR shall submit one hard copy and one electronic copy. In addition to the Progress Schedule CONTRACTOR shall include a narrative report of the months' progress, an explanation of any delays and or additions/deletions to activities. It is strongly recommended that CONTRACTOR hire a seasoned professional, in the use of Primavera P3 to develop and update the Primavera P3 project schedule. CONTRACTOR agrees to attend weekly meetings to maintain a three (3) week look-ahead schedule and monthly be prepared to discuss any: BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 87 1. Changes of schedule logic to reflect progress of the Work; 2. Explain and provide a narrative for reasons why logic changes were made; 3. Update to individual subcontractor activities; and 4. Integrate changed work into the schedule. The Project Schedule shall be the basis of the CONTRACTOR'S Work and shall be complied with in all respects. If CONTRACTOR'S Work becomes more than thirty (30) days behind schedule CONTRACTOR shall be required to submit a "Make-Up" schedule to PROGRAM MANAGER for review and acceptance that demonstrates "Catch Up" within thirty (30) days. CONTRACTOR shall provide, at CONTRACTOR'S cost, the necessary additional labor and or equipment necessary to make-up the lost time. Failure to provide a "Make-Up" schedule or vigorously follow the "Make-Up" schedule shall be reason to default CONTRACTOR. Completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions,; and 3.1.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail, but in no case be greater than two percent (2%) of the Bid price, to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. [X] Such prices shall be broken down to show labor, equipment, materials and include a proportional amount of overhead and profit. 3.1.4. After award but prior to the submission of the final progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 88 3.2. At a time specified by PROGRAM MANAGER but before CONTRACTOR starts the work at the Project site, apre-construction conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by "CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefore. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 89 5 Qualification of Surety: 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class 1,000,001 to 2,000,000 B+ Class II BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 90 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 6 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. Indemnification: 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 91 7. Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), Project specific insurance, provided by companies satisfactory to the City, covering the CITY, Program Manager and Consultant and any of their respective employees and agents (the "Additional Insureds") and the general public, coverages set forth herein. The obligation of the CONTRACTOR is to provide such adequate insurance to protect the Additional Insureds from all risks and or occurrences that may arise or result, directly or indirectly, from the CONTRACTOR'S work or presence on the jobsite and all risks of injury to CONTRACTOR'S employees and agents. This obligation shall not be avoided by allegations of contributory or sole acts, failure to act, omissions, negligence or fault of the Additional Insureds. Each policy of insurance shall waive subrogation against the Additional Insureds. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: 7.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each accident. 7.1.2. Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability with a General aggregate of Two Million Dollars ($2,000,000). Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and/or Operations. [ X) 7.1.2.2. Independent Contractors. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/I3/07 92 [ X ] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. [ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. 7.1.3. Business Automobile Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non-Owned Vehicles. 7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid) [ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 93 7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. [ X ] 7.1.4.2. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. [ ] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.5.1. Cessation of Insurance--Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. 7.1.5.2. Flood Insurance--When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.1.6 Umbrella Liability Policy and shall be written at a limit of two Million Dollars ($2,000,000) and apply excess over the Employer's Liability, General Liability, and Automobile Liability primary policies. This policy shall be written to provide policy limits on a per project aggregate basis. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 94 7.3. Notice of Cancellation and/or endorsed to provide CITY with at of cancellation and/or restriction. 8 9 10 Restriction--The policy(ies) must be least thirty (30) days prior written notice 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. Royalties and Patents: appurtenances, are hereby included in the prices stipulated in this Contract for said work. All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 95 (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. (3) CONTRACTOR requests for time extension/s due to weather conditions shall be submitted to PROGRAM MANAGER no later than twenty four (24) hours after the occurrence. 11. Permits. Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. 12. Resolution of Disputes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANT's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to CONSULTANT in writing within twenty-one (21) calendar days. Unless a different period of time is set BID NO: 28-06/07 CTTY OF MIAMI BEACH DATE: 03/13/07 96 forth herein, CONSULTANT shall notify CITY and CONTRACTOR in writing of CONSULTANT's decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT requires additional time to gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2.1 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 13. Inspection of Work: 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, CONSULTANT's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 97 13.1.2. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of CITY are to be given through PROGRAM MANAGER, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, afull-time competent English speaking superintendent and any necessary assistants,. all satisfactory to PROGRAM MANAGER. The superintendent shall not be changed except with the prior written consent of PROGRAM MANAGER. The superintendent shall not be absent from the site for more than one (1) day without prior written approval from the PROGRAM MANAGER. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information on a Daily Report Form, format to be approved by PROGRAM MANAGER: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of, CONSULTANT, regulatory representatives; all safety incidents; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in ink. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 98 Daily reports shall be provided to the PROGRAM MANAGER daily by noon the following day. Non-compliance with this procedure will result in delay of payment of the applicable progress application. A copy of all daily reports shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT. 14.3. The PROGRAM MANAGER, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the PROGRAM MANAGER, during the course of the Work to review and agree upon the work performed the prior week and to establish the controlling items of work for the next three twe weeks. In addition, other issues related to the Work shall be discussed. The agenda and format for the weekly progress meeting shall be established by the PROGRAM MANAGER. CONTRACTOR shall prepare and distribute the weekly Project Meeting agenda, chair the meetings and distribute minutes and any comments thereto of each such meeting for review and acknowledgement of their accuracy by all attendee. Minutes shall be distributed within forty eight (48) of the weekly meeting and any comments shall be required to be received back within forty eight (48) hours. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the CONTRACT Documents, it shall be CONTRACTOR's duty to immediately inform PROGRAM MANAGER, in writing using an RFI (format of form to be provided by PROGRAM MANAGER). PROGRAM MANAGER will promptly review the same and forward to CONSULTANT if the issue can not be clarified by PROGRAM MANAGER after reviewing the Project Documents. It will be the objective under this Contract to respond to RFI's within 48-hours when ever possible. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 15. CITY's Right to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 99 to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 100 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Riaht to Stop Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for non-approval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of any sum certified by CONSULTANT, or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same. If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. 18. Rights of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differing Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 101 Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify PROGRAM MANAGER and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree ort an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT for determination in accordance with the provisions of Article 12. Should CONSULTANT determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT as the date of substantial completion. 20. Plans and Working Drawings: CITY, through CONSULTANT, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the CONTRACTOR shall bring the inconsistency to the attention of the PROGRAM MANAGER who shall provide the final interpretation after consulting with the CONSULTANT. 21. CONTRACTOR to Check Plans. Specifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 1.02 resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to CONSULTANT. 22. CONTRACTOR's Responsibility for Damages and Accidents: 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. Warranty: CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. 24. Supplementary Drawings: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Contract Documents. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and, replace it with non-defective work. CONTRACTOR shall bear all direct, indirect and consequential costs of BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 l03 such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes: CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT may have a reasonable objection. CONTRACTOR shall submit in writing a request for approval of any and all Subcontractors prior to signing a formal Subcontract agreement. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 104 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to pay or to see the payment of any monies due any subcontractor. CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. [ X ] 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than Seventy Five (75%) percent of the Contract Price. 28. Separate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 105 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. 29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of BID NO: 28-06/0'7 CITY OF MIAMI BEACH DATE: 03/13/07 l 06 the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Legal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damage to Existing Facilities, Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTORS responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 107 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of--way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 33 34 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. Value Engineering: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT in writing. CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without CONSULTANT's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the request for substitution, whether or not the request for substitution is accepted by CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. Continuing the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 1.08 35 36 37 Chances in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. Field Orders and Supplemental Instructions: 36.1. The CONSULTANT, through, Contract Administrator shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have Instructions setting forth concerning the Contract Supplemental Instructions Contract Time. Change Orders: the right to approve and issue Supplemental written orders, instructions, or interpretations Documents or its performance, provided such involve no change in the Contract Price or the 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 109 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Change Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: ~: 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 11.0 than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who will then determine, with the advice of CONSULTANT, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost BID NO: 28-06/07 CITY OF MIAMI BEACH. DATE: 03/13/07 111 of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, applian- ces, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 112 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's .fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 1.13 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 38.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an .addition, credit or no change-in-cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon uni# price, negotiated lump sum, or "cost of the work." BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 114 39. Notification and Claim for Change of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, .indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 11.5 41. Excusable Delay; Compensable; Non-Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled Compensable Excusable Delay CONTRACTOR shall be limited to pursuant to Article 38 hereof. to direct and indirect costs for Direct costs recoverable by the actual additional costs allowed CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be N/A per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 l 16 (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawings: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 117 suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. CONTRACTOR shall submit, in his construction schedule, and to CONSULTANT, a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. In addition, CONTRACTOR shall highlight the specific item submitted for approval when submittal ("cut sheet") shows more than one item. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSULTANT's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 118 CONSULTANT along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop .Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 44.11 CONTRACTOR will develop and maintain a Submittal Log providing status of all submittals. An updated copy of the Submittal Log will be available for discussion at the weekly progress meeting. 45. "As-Built" Documents: 45.1. CONTRACTOR shall maintain an accurate and precise record, on a daily basis, of the "As-Built" condition of the Work on a specially designated set of contract documents used solely for the specific purpose. PROGRAM MANAGER and the CONSULTANT will have the right to inspect the "As- Built" documents as required. The As-Built documents, shall be signed and sealed by the CONSULTANT at the end of the Project, shall be made on reproducible paper and shall be delivered to the PROGRAM MANAGER prior to, and as a condition of, final payment. In addition to the paper copy an electronic copy of the "As-Built" Documents shall be delivered to the CONSULTANT. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSULTANT. 46. Safety and Protection: 46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 119 Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: CONTRACTOR will be required to provide a Draft copy of its Safety and Health Manual to the Program Manager, for review and acceptance, within the fifteen (15) days after award of contract by the City Commission and the Manual will be part of the submittal required upon contract execution by the CONTRACTOR and the City. Receipt by the PROGRAM MANAGER of a satisfactory Safety and Health Manual will be precedent to issuance of the Second Notice to Proceed. 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. 46.4 CONTRACTOR shall be required, and include in its Safety Manual, a set of "Emergency Procedures" for accidents. Procedure shall be submitted BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 120 to and approved by the PROGRAM MANAGER prior to issue of the 2"d Notice to Proceed. [ ] 47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Payment by CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CONTRACTOR and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. The City shall hire and pay for the services of a Special Inspector who shall inspect and test: • Piling • Forming, & Reinforcing Materials • Concrete Material • Grout Material • Excavation and Backfill Materials • Soils, Backfill and Compaction 49. Project Sign: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 121 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning Up; City's Right to Clean U~ CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination. Eaual Employment Opportunity, and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 122 CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Project Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/l3/07 123 900. SUPPLEMENTARY CONDITIONS: The following supplementary conditions shall apply to all Work unless specifically excluded in writing: 900.01 Working Hours: Contractor, his employees and subcontractors shall Work the standard hours established for the Project. CONTRACTOR shall notify PROGRAM MANAGER twenty fours (24) in advance for any day when an exception is required. 900.02 Site Utilization: i. Contractor shall provide with his Bid a copy of his proposed site phasing/utilization plan including traffic control. A sample of a Phasing Plan is shown on drawing No.: A-031 & P2. It should be noted that the construction fence is the limit of the space that will be made available. ii. CONTRACTOR shall limit his construction activities, restricting materials delivery, during the following events at the Miami Beach Convention Center: a. Miami International Boat Show 2007 - 02/08 through 02/24 2008 - b. South Florida Auto Show 2007 - 09/28 through 10/15 2008 - c. Jeweler's International Showcase 2007 -10/20 through 10/23 2008 - d. National Minority Supplier Development 2007 -10/29 2008 - e. I.N.S. New Citizens Swearing In 2007 - 2008 - CONTRACTOR is reminded that he will be required to work around Convention Center activities and not all dates can be provided at this time. CONTRACTOR shall include the impact for the above in the Base Line schedule. No additional comaensation for cost or time will be arovided. 900.03 Photographs i. CONTRACTOR shall provide, with each monthly pay application 4-sets of 8" x 10" photos, including an aerial, depicting the progress of the work. The photos shall be for the strict use of the OWNER. ii. PROGRAM MANAGER shall provide CONTRACTOR direction on a standard orientation to be used for progress photos iii. CONTRACTOR shall under no circumstances take or use any photographs of the Work without the prior written authority of the OWNER. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 124 900.04 Notifcation i. CONTRACTOR shall set up a notification procedure, to be approved by the PROGRAM MANAGER, for all concrete pours, testing, grouting and special inspections that provides Forty Eight (48) hours advance notice. 900.05 Official Correspondence: i. All official correspondence shall be addressed to: Stephen Baumal -Program Manager with copies to: CONSULTANT 900.06 Protection of the Work i. CONTRACTOR shall be responsible to protect the Work until officially accepted by the CITY. ii. CONTRACTOR shall be responsible to provide any and all security for the project, The City's temporary facilities, his employees, equipment, materials and temporary facilities at the job site. In addition the CONTRACTOR shall provide insurance for the City's temporary facilities. 900.07 Employee Identification CONTRACTOR shall develop and implement a procedure, subject to review and approval by the PROGRAM MANAGER, that requires all employees wear photo identification badges, 900.08 Project Quality Control i. CONTRACTOR shall designate one of his staff as the Project Quality Control (QC) Manager. The QC Manager shall be on site at all times. ii. CONTRACTOR shall provide a copy of his QC Manual for review and approval within thirty (30) days from execution of the Contract by both parties hereto. iii. The Q.C. manual must include formal periodic inspection of all work that entails completing Observation Reports; Non-Compliance Reports (when applicable); Receiving, Damage & Shortage Reports. A complete file of all reports complete with Logs shall be maintained at the site iv. CONTRACTOR shall require, being part of the Subcontract Agreements conditions, his Subcontractors to comply with CONTRACTOR'S QC Manual and procedures. 900.09 List of Deliverables i. CONTRACTOR shall provide, within fifteen (15) days from Contract Award a complete list of "Deliverables" required under the Contract. 900.10 Visitors Log i. CONTRACTOR shall maintain a "Visitors Log" and require all visitors to the project site to sign the log. This shall include all City inspectors or otherwise. 900.11 Demobilization i. CONTRACTOR shall request and receive, in ,writing, approval from the PROGRAM MANAGER prior to de-mobilizing. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/07 125 900.12 CONTRACTOR to provide at all times an emergency access route, in compliance with A.D.A. requirements, from the rear emergency exit door (west side) of City Hall to a point one-hundred (100) feet from the building. These supplementary conditions shall take precedence over conditions in Division 1 of the Technical Specifications BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/I3/07 126 00920. ADDITIONAL ARTICLES: [ ] 1. Prevailing Wage Rate Ordinance. (N/A) This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, 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, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. .sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [ ] 2. Federal Grant Projects: (N/A) 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of these Contract Documents. BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 127 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2(9/60) ~1 .~ No. ~:~, Tj r ~ ~a l r~ Contract No. a..~-~ - ~6~~~ Project Title (`-'1v~~,c ~~k%,1 ?., k_,~,~., r~.,~ .art-v The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditi s of the Contract. Dated Co ~~r'] , 20G' STATE OF ) SS COUNTY OF ) ---___ ~ ~~~ ~r~~ ~s~5~ By: --~ I a., ~,c llu,, ~C3r~~;rt~i-c,,r, 77 I (Signature) ..~ ~ By: ~`~..C1~\(jJ .r1E~~iCitl ~'~E~~rGe'a'\~ (Print ame and Title) The foregoing instrument was acknowledged before me this tc~ }~' day of ,~ ~, ~ _ , 20~ , by 11 <., ~ t} ~ 1~ r ~~ r^~Q ,~ who is ,,ersonally known ~ f me' or who has produced as identification and who did/did not take an oath. WITN~,~~tt~i~)j~nd and official seal, thi ~~441 day of ~~ 1~`~ ~ f , 20r`/. ~\~,~ ~PpNE C. tij0 ri,~~, „~ =o°e"~e s`~9~ i ature of person taking acknowledgment) ... . * ~ ; Z ' NDD 491492 : Q . "r • <, , . ~~~ ~• ~0'9~~'""" '~Q ~ (N me of -officer taking acknowledgment) ~'f'~~'••.....••'~ ~ '''%Bi~C,~ ~! ~~! ~`~~~~~ (typed, printed or stamped) (Title or rank) My commission expires: BID NO: 25-06/07 DATE: 03/13!07 (Serial number, if any) CITY OF MIANfI BEACH 1zs 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) t' Contract No. ~ ~' ~-'~/ ~~~ ProjectTitle ~"~~; ~.i ~,~~,~t~ ~;~: F~~",7~c,,~,, C The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contra. a-------.._ t ; ~I ~ i !, ~^ Dated ~c~,~ , 20 (. rf ~~, ~ , -~, ;-t.~ ~~.:~ 1, c; r'~ ~ i:: ~")C{ t..1 ~ c• ,~~ Co actgr By: ~ a• ~ ~ature) l (Print Name and Title) STATE OF ) SS COUNTY OF ) The foregoing instrument wa;i_~cknowle~ged before me this ~(~ ~, day of /~ r,~ 20d~, by {`s.~r,~y ~'~C?s'Sa ; ~ who is ;'peso a~fTy"~c~n`~n'1 to me or who has produced as identification an`d who did/did not take an oath. A WITNESS my hand and official seal, thi (~ ~_~` day of ~~~ ~ ~ , 20i"~. ~~0~,ys~ ~B '•.: 'y ~(i ature of person taking'acknowledgment) ~~ ~ NDD 491492 ~ '~= ~' A' C.. ~ Xt C °~ (N me of officer taking acknowledgment) '~,;9~A~:;;p;:~~~ (typed, printed or stamped) ~l~,A~~e~ ~ IIS! i! N~~l,~ (Title or rank) (Serial number, if any) My commission expires: BID NO: 28-06/0, CITY OF MIAMI BEACI~ DATE: 03/13!0^ 129 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 28-06/07 CITY OF MIAMI BEACN DATE: 03/13/07 130 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. CONSULTANT BY DATE In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 131 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents .required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (date). City of Miami Beach, Florida (time) By Contract Administrator Date BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 132 00930. 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 of Miami Beach, Florida, the sum of 20 ,from City 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: (Secretary) (Corporate Seal) F:\PU RC1$ALL\Roman\boilerplate\blank (Name of Corporation) By: (Signature) (Print Name and Title) day of , 20 constructionbid Bid.doc BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 133 [If not incorporated sign below.] WITNESSES: CONTRACTOR (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 F:\PURC\$ALL\Roman\boilerplate\blank constructionbidBid.doc BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 03/13/07 134 [ X ] 00950. DRAWINGS INDEX: I. Specifications/Drawings for the MULTIPURPOSE MUNICIPAL PARKING FACILITY haves been prepared by: PERKINS + WILL ARCHITECTS, INC. 999 Ponce De Leon Boulevard, Suite 915 Coral Gables, Florida 33134 Tel.: 305.569.1333 Fax.:305.569.1334 Plans and Specifications for this project are available in digital format. Please call the City of Miami Beach Procurement Division at 305-673-7490 to secure a CD copy of the Plans and Specifications. The cost for the plans and specifications CD is $10.00, company checks and cash accepted no credit cards please. A list of drawings is identified on drawing No.: G-001 Drawing Index. Drawings: Cover Sheet SSI-001 Ref. Only G-001 A-031-P2 Ref. Only G-002 A100 -Ref. Only C-100 A101 -Ref. Only C-101 E-101 C-102 Survey Sheet 1 Of 3 C-103 Survey Sheet 2 of 3 C-104 Survey Sheet 3 of 3 C-105 C-106 C-107 C-108 C-109 C-110 C-111 C-112 C-113 C-114 C-115 C-116 C-117 C-118 C-119 c-120 C-121 C-122 C-123 C-124 C-125 C-126 BID NO: 289-06/07 CITY OF MIAMI BEACH DATE: 03/1.3/06 135 01000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the opening shall be issued as separate documents identified Contract Documents. (Please see page 138) time and date of bid as Addendums to the BID NO: 289-06/07 CITY OF MIAMI BEACH DATE: 03/13/06 1.36 02000. TECHNICAL SPECIFICATIONS: Plans and Specifications for this project are available in digital format. Please call the City of Miami Beach Procurement Division at 305-673-7490 to secure a CD copy of the Plans and Specifications. The cost for the plans and specifications CD is $10.00, company checks and cash accepted no credit cards please. Specification Divisions: Division 1 01 330 01 400 01 420 01 500 01 524 01 600 01 700 01 731 Division 2 02 080 02 201 02 221 02 230 02 240 02 260 02 300 02 315 02 510 02 530- 02 584 02 630 02 630-S 1 02 741 02 751 02 764 BID NO: 28-06/07 CITY OF MIAMI BEACH DATE: 02/14/07 137 04000. ACKNOWLEDGEMENT OF ADDENDA INVITATION FOR BID NO. 28-06/07 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 -UNDERGROUND UTILITIES Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: °-~ /~ - ~~ i Addendum No. 1, Dated 1 ~ r Addendum No. 2, Dated r~~~ ~ /~r~ Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Bidders- Name Signature Date Date BID NO: 28-06/07 CITY OF MIAMI BEACH DA TF.: 02/l 4/07 l 38 06000. SUB-CONTRACTOR LISTING INFORMATION INVITATION FOR BID NO. 28-06/07 FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 01 -UNDERGROUND UTILITIES PROPOSED SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT performed (Telephone and fax no.) Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: (Attach additional forms if necessary) B[D NO: 28-06/07 CITY OF MIAMI BEACH DATE: 02/14/07 139