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INVITATION TO BID NO.: 12-13-047 MIAMI MARINE STADIUM MARINA BULKHEAD REPLACEMENT CIP PROJECT NO.: B-30689 Due Date: Monday, July 15, 2013 Due Time: 2:00 P.M. Mayor Tomas P. Regalado Commissioner Wifredo "Willy" Gort, District 1 Commissioner Marc Sarnoff, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Michelle Spence -Jones, District 5 City Manager, Johnny Martinez, P.E. Issued By: City of Miami Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 TABLE OF CONTENTS Notice To Contractors 6 Section 1 - Instructions for Submission 7 1. Intention of City 8 2. Scope of Work 8 3. Location of Project(s) 8 4. Performance of the Work 8 5. Examination of Contract Documents and Site 8 6. Addendum 9 7. Bid Submission 9 8. Bid Guaranty 9 9. Preparation of Bid 10 10. Pre -Bid Conference 10 11. Postponement of Bid Opening Date 10 12. Acceptance or Rejection of Bids 10 13. Environmental Regulations 11 14. Bid Award 11 15. Bid Protest 12 16. Community Small Business Enterprise ("CSBE") 12 17. Local Workforce Participation 12 18. Cone of Silence 13 19. Public Entity Crime 13 20. Fraud and Misrepresentation 14 21. Collusion 14 22. Contractor in Arrears of Default 14 23. Cancellation of Solicitation 14 Section 2 - General Terms and Conditions 15 1. Definitions 15 2. Time is of the Essence 17 3. Contract Term 18 4. Notices 18 5. Priority of Provisions 19 6. Indemnification 19 7. Insurance 20 8. Performance and Payment Bond 23 9. Qualification of Surety 23 10. General Requirements 23 11. Method of Performing the Work 24 12. Work Staging and Phasing 25 13. Site Investigation and Representation 25 14. Contractor to Check Plans, Specifications and Data 25 15. Contractor's Responsibility for Damages and Accidents 26 16. Accidents 26 17. Safety Precautions 26 18. Occupational Health and Safety 27 19. Labor and Materials 28 20. Rules, Regulations, and Licenses 28 21. Consultant Services 28 22. Project Management 28 23. Superintendence and Supervision 29 24. Authority of the Project Manager 29 ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 7 25. Inspection of Work 30 26. Taxes 31 27. Separate Contracts 31 28. Lands of Work 32 29. Coordination of Work 31 30. Differing Site Conditions 32 31. Existing Utilities 33 32. Contractor's Responsibility for Utility Properties and Service 33 33. Interfering Structures 34 34. Field Relocation 34 35. Contractor's Use of Project Site(s) 34 36 Warranty of Materials and Equipment 34 37. Material and Equipment Shipment. Handling, Storage and Protection 34 38. Manufacturer's Instructions 36 39. Manufacturer's Warranty 37 40. Reference Standards 36 41. Submittals 37 42. Shop Drawings 37 43. Product Data 39 44. Samples 40 45. Record Set 40 46. Supplemental Drawings and Instructions 40 47. Contractor Furnished Drawings 40 48. Substitutions 41 49. City Furnished Drawings 42 50. Interpretation of Drawings and Documents 42 51. Product and Material Testing 42 52. Field Directives 42 53. Changes in the Work or Contract Documents 43 54. Continuing the Work 43 55. Change Orders 43 56. Change Order Procedure 44 57. No Oral Changes 43 58. Value of Change Order Work 44 59. Extra Work Directive 47 60. As -Built Drawings 48 61. Worker's Identification 49 62. Removal of Unsatisfactory Personnel 49 63. Substantial Completion, Punch List, & Final Completion 48 64. Acceptance and Final Payment 49 65. NDPES Requirements 51 66. Force Majeure 50 67. Extension of Time 50 68. Notification of Claim 52 69. Extension of Time not Cumulative 53 70. No Damages for Delay 53 71. Excusable Delay, Non-Compensable 53 72. Lines and Grades 52 73. Defective Work 54 74. Acceptance of Defective or Non -Conforming Work 54 75. Uncovering Finished Work 54 76. Correction of Work 55 77. Maintenance of Traffic and Public Streets 55 ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 3 78. Location and Damage to Existing Facilities, Equipment or Utilities 57 79. Stop Work Order 57 80. Hurricane Preparedness 58 81. Use of Completed Portions 58 82. Cleaning Up; City's Right to Clean Up 59 83. Removal of Equipment 59 84. Set -offs, Withholdings, and Deductions 59 85. Event of Default 59 86. Notice of Default -Opportunity to Cure 60 87. Termination for Default 60 88. Remedies in the Event of Termination for Default 61 89. Termination for Convenience 61 90. Resolution of Disputes 62 91. Mediation -Waiver of Jury Trial 63 92. City May Avail Itself of All Remedies 63 93. Permits, Licenses and Impact Fees 63 94. Compliance with Applicable Laws 64 95. Independent Contractor 64 96. Third Party Beneficiaries 64 97. Successors and Assigns 65 98. Materiality and Waiver of Breach 65 99. Severability 65 100. Applicable Law and Venue of Litigation 64 101. Amendments 65 102. Entire Agreement 65 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 66 104. Evaluation 66 105. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida 66 106. Royalties and Patents 66 107. Continuation of the Work 66 108. Review of Records 66 109. No Interest 67 110. Payments Related to Guaranteed Obligations 67 111. Consent of City Required for Subletting or Assignment 67 112. Agreement Limiting Time in Which to Bring Action Against the City 67 113. Contingency Clause 68 114. Mutual Obligations 68 115. Contract Extension 68 116. Non -Exclusivity 68 117. Nature of the Agreement 68 118. Contract Documents Contains all Terms 69 119. Applicable Law and Venue of Litigation 69 120. Survival 67 Section 3 - Supplemental Terms and Conditions 70 1. Contract Time & Hours 70 2. Progress Payments 68 3. Liquidated Damages 69 4. Schedule of Values 69 5. Project Schedules 69 6. Release of Liens/Subcontractor's Statement of Satisfaction 72 7. Progress Meetings 70 ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 4 8. Request for Information 71 9. Project Site Facilities 71 10. Temporary Utilties 71 11. Inspection of the Work 71 12. Security 72 13. Construction Signage 72 14. Construction Photographs 72 15. City Furnished Property 72 16. State of Floria Funding 73 17. Geological Survey 73 18. Field Layout of the Work and Record Drawings for Drainage Projects (Intentionally Omitted) 73 19. Survey Work for Drainage Projects (Intentionally Omitted) 74 Section 4 - Bid Form 75 Section 5 - Attachments 84 Bid Bond Forms 84 Questionnaire 87 Customer Reference Listing 92 Reference Letter 93 OFFICE LOCATION AFFIDAVIT 94 Section 6 - Contract Execution Forms 96 CORPORATE RESOLUTION 97 FORM OF PERFORMANCE BOND 98 FORM OF PAYMENT BOND 100 CERTIFICATE AS TO CORPORATE PRINCIPAL 102 PERFORMANCE AND PAYMENT GUARANTY FORM 103 UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT 103 JOINT VENTURE FORM ..105 ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 5 INVITATION TO BID ("ITB") NO.: 12-13-047 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: MIAMI MARINE STADIUM MARINAS\ BULKHEAD REPLACEMENT Bids Due: Monday, July 15, 2013 @ 2:00 P.M. Scope of Work: The work consists of furnishing all materials, labor, transportation, equipment and City of Miami permit fees, necessary for Installation of the new seawall panels, concrete cap and backfilling with clean fill material of approximately 480 linear feet of deteriorated bulkhead along Marine Stadium. The installation will need to be coordinated with marine forklift launching operations and associated staging and fuel docks for the dry stack marina. The total number of dry slips and temporary (launch/staging) slips will remain the same as previously authorized by the permitting agencies. In addition, the project includes the mechanical dredge of 467.5 sq.ft. (33 c.y.) of submerged lands to a water depth of -4 feet ( mean low water). Dredging shall occur within an existing slip and beneath existing floating dock structures. CIP has scheduled a Mandatory Pre -Bid Conference to be held on the following date, time and location: Location: Miami River Center 444 SW 2nd Avenue Miami, Florida 10th Floor Main Conference Room Date/Time: Thursday, June 20, 2013 Minimum Requirements: Prospective Bidder shall hold a current active certified license as a General Contractor or Building Contractor from the State of Florida under its current business name (by which it is authorized to transact business in Florida) and must have a minimum of ten (10) years experience under its current business name, in the construction of similar projects including four (4) separate project references as the Prime Contractor for Completed Projects of similar size, scope, and complexity, within the past ten (10) years. In addition, the four (4) completed project references must be for marine construction which includes at least 500 L.F. of seawall and 500 C.Y. of dredging material, where the Bidder has self - performed at least 20% of the work. Failure to meet this requirement will result in the bid submittal being deemed non -responsive. Contractor must self -perform no less than twenty percent (20%) of the physical construction work for this Project. The Bid document, bid form, permits and plans will be available on or after June 10, 2013 and can only be obtained by visiting the Department of Capital Improvements Program"s website: http://www.miamigov.com/Capitallmprovements/pages/ProcurementOpportunities/Default.asp. It is the sole responsibility of all firms to ensure their receipt of any addendum(s)/addenda and it is recommended that firms periodically check the CIP webpaqe for updates and the issuance of addenda. All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in duplicate originals (PLUS one (1) copy in digital form (on CD-ROM in_pdf format) at the time, date and place above, where bids will be publicly opened. Any bids received after time and date specified will not be considered. The responsibility for submitting a bid before the stated time and ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 6 date is solely and strictly the responsibility of the Bidder. The City is not responsible for any delay no matter what the cause. You assume any risk of delay. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271, codified as Section 18-74, CITY OF MIAMI CITY CODE, as amended. DP# 13607 City Manager, Johnny Martinez, P.E. TIB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 7 Section 1 — Instructions for Submission 1. Intention of City It is the intention of City to describe in this Invitation to Bid the Project(s) to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project(s). Any work, materials or equipment that may reasonably be inferred from the Contract as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. Where words have a well-known technical or trade meanings 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. 2. Scope of Work The work consists of furnishing all materials, labor, transportation, City of Miami permit fees and equipment necessary for Installation of the new seawall panels, concrete cap and backfilling with clean fill material of approximately 480 linear feet of deteriorated bulkhead along Marine Stadium. The installation will need to be coordinated with marine forklift launching operations and associated staging and fuel docks for the dry stack marina. The total number of dry slips and temporary (launch/staging) slips will remain the same as previously authorized by the permitting agencies. In addition, the project includes the mechanical dredge of 467.5 sq.ft. (33 c.y.) of submerged lands to a water depth of -4 feet ( mean low water). Dredging shall occur within an existing slip and beneath existing floating dock structures. 3. Location of Project 3501 Rickenbacker Causeway, Miami, Florida 4. Performance of the Work Bidder must be capable of self -performing no less than twenty percent (20%) of the physical construction Work. By submitting a Bid the Bidder certifies that it will utilize its own employees to meet this requirement. As part of the Bid the Bidder must include the form entitled "Questionnaire". Failure to complete and submit this form or to meet this requirement shall result in the Bid being deemed non -responsive. Where the City determines that Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default of the Contract. 5. Examination of Contract Documents and Site It is the responsibility of each Bidder before submitting a response to this Invitation to Bid (ITB) to: • Carefully review the ITB, including any Addendum and notify the City of all conflicts, errors or discrepancies. • Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 8 Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code) laws, regulations, ordinances that may affect a Bidder"s ability to perform the Work. • Study and carefully correlate Contractor's observations with the requirements of the ITB. The submission of a Bid in response to this solicitation shall constitute an incontrovertible representation by Bidder that it will comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addenda Only questions answered by written Addendum will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparations of a Bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Department of Capital Improvements Program (CIP) in writing, to the attention of Cecelia Wilson at cwilson(cmiamigov.com. Interpretations or clarifications considered necessary by CIP in response to such questions will be answered in Addenda and posted on the CIP webpage. It is the responsibility of the bidder to check the CIP webpage for Addendums. Written questions must be received no Tess than ten (10) calendar days prior to the date Bids are due. There shall be no response to questions received less than ten (10) calendar days prior to bid opening. 7. Bid Submission All Bids must be received by the City of Miami, City Clerks office located at City Hall, First Floor, 3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID NO.: PROJECT NAME: 12-13-047 MIAMI MARINE STADIUM MARINA BULKHEAD REPLACEMENT Bidders must submit two originals PLUS one (1) copy in digital form (on CD-ROM in-pdf format). Failure to submit two originals may result in the rejection of the Bid as non -responsive. 8. Bid Guaranty All Bids shall be accompanied by either an original Bid bond executed by a Surety meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit, treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the total Bid amount, payable to City, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. 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 Capital Improvements Program at its sole discretion. Bid Securities of the unsuccessful Bidders will be returned after award of 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 as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, and provide the required Performance Bond. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 9 9. Preparation of Bid The Bid Form contains one Project and the Bidder must provide unit pricing for the Work to be performed to be deemed responsive. All Bids must be made upon the blank City forms provided herein. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the ITB. Failure to utilize the city"s forms, or fully complete said forms will result in a determination that the response is non- responsive The Bidder will be considered non -responsive if Bid is conditioned on modifications, changes, or revisions to the terms and conditions of the ITB. The Bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. Joint venture firms must complete and submit with their Bid the form titled "Information for Determining Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities and levels of participation for the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the Bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A mandatory conference will be held on Thursday, June 20, 2013, MRC Building, 10th Floor Main Conference Room, 444 SW 2nd Avenue, Miami, FI. 33130 at 10:00 a.m., to discuss this Solicitation. Since space is limited, it is recommended that one representative of each firm attend in order to become familiar with the Solicitation and conditions of usage. Attendees are requested to bring this Solicitation Package to the conference. Failure to attend the mandatory pre -bid conference shall result in the rejection of the bid as non —responsive. There is no site visit to follow; however, bidders are strongly encouraged to become familiar with the project area and can contact Mr. Steven Bogner, Marinas Manager at 305-329-4753 e-mail: sbogner(a�miamigov.com for further information. 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of submissions and will make a reasonable effort to give at least five (5) calendar days notice of any such postponement to prospective Bidders. The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to the due date. 12. Acceptance or Rejection of Bids The City reserves the right to reject any or all Bids prior to award, to re -advertise for Bids, and to not award any Contract in the reasonable discretion of the City. The City reserves the right to waive any minor technicality, informality, variance, deviation, omission or the like up to or prior to award of the bid. 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 one hundred twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its Bid after the expiration of one hundred twenty (120) calendar days from the date of Bid opening by delivering written notice of withdrawal to ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 10 the Department of Capital Improvements and Transportation prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulations in investigating a Bidders 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 non -submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and at its sole discretion conduct site visits, require the Bidder to furnish documentation and/or require the contractor to attend a meeting to determine the Bidder"s qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed, and past performance on City projects by the Contractor. Unless precluded by Florida Statutes, Federal laws or regulations or grant requirements, Prospective Bidders must adhere to the following requirements in accordance with City Code Section 18-85(a), as amended, when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder. A Post Office box or working from a private residence will not be considered as maintaining a local office, unless the owner of the private residence possesses a current City of Miami Certificate of Use ("CU") and City of Miami and Miami -Dade County Business Tax Receipt for the business at the address of the private residence. Where the solicitation contains multiple line items for separate projects or where the solicitation requires a Bidder to submit detailed price information or multiple line item pricing, a Bid may be rejected as an unbalanced bid. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other contracts with the City. Any Bidder who, at the time of 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. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 11 Any Bidder who may have filed a lawsuit against the City or where the City has filed a lawsuit or won a court judgment against the Bidder may be declared non -responsive. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with this solicitation or any responsive and responsible bidder, whose bid is lower than that of the recommended bidder, may protest the issuance of the ITB or an award of a contract. Eligible protests must be submitted in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-104 of the City"s Code describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party"s right to file a protest. NO EXCEPTIONS. 16. Community Small Business Enterprise ("CSBE") Unless precluded by Florida Statutes, Federal laws or regulations or grant requirements, Prospective Bidders must adhere to the following requirements: a) Respondents must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami- Dade County as a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code; b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the Miami City Code ("City Code"). Failure to comply with the CSBE requirements pursuant to Section 18-89, City Code, within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City; c) Respondents who are deemed responsive and responsible to the requirements of the Invitation to Bid and subsequently awarded a Contract shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Section 18-89, City Code. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of. 454, 471, 473, or 481, Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related contract costs. The following Zink is to the Miami -Dade County website where Bidders can view the current listing of certified CSBE contractors by trade. http://new.miamidade.gov/business/business-certification-programs.asp ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 12 17. Local Workforce Participation Unless precluded by Florida Statutes, Federal laws or regulations or grant requirements, Prospective Bidders must adhere to the following requirements: a. Respondents must employ a minimum of fifteen percent (15%) of on -site labor from persons residing within the municipal boundaries (e.g. city limits) of the City. The City residency of the onsite labor component will be subject to verification by the issuing department. b. Five percent (5%) of the bid amount shall be retained by the City as security for the verification of compliance with such requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Ordinance No. 13332, now codified as City Code §18-89 as amended. Failure to comply with the Local Workforce Participation requirements pursuant to City Code Section 18-89. 18-89 within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. c. These requirements are applicable to the Miami Marine Stadium Marina Bulkhead Replacement, B-30689 d. The Contractor will be required to hold one (1) job fair within the local community for projects with a bid amount between $1,000,000 and $2,000,000. e. The Contractor will be required to hold two (2) job fairs within the local community for projects with a bid amount greater than $2,000,000. The Contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce. as set forth in Section 18-89, City Code. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of 454, 471, 473, or 481, Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related Contract costs. 18. Cone of Silence Pursuant to Section 18-74 of the City of Miami ("City Code") a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB. Any communication concerning this ITB must submit in writing to CIF and Bidders must file a copy of such written communications with the Office of the City Clerk. Written communications may be in the form of e-mail, with a copy to Miriam Arcia, the Office of the City Clerk at marcia a(�miamigov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City of Procurement Code for a complete and thorough description of the Cone of Silence. You may also contact the City Clerk at (305)-250-5360, to obtain a copy. 19. Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 13 construction or repair of a public building or public works project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder / Bidder list. 20. Fraud and Misrepresentation Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 21. Collusion Where two (2) or more related parties, as defined herein, each submit a response to an ITB such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submission under such ITB. Related parties shall mean employees, officers or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Contractor have a direct or indirect ownership interest in another Contractor for the same project(s). ITB responses found to be collusive shall be rejected. 22. Contractor in Arrears or Default The Contractor represents and warrants that the Contractor is not in arrears to the City and is not in default as a surety or otherwise upon any obligation to the City. In addition the contractor warrants that the Contractor has not been declared "not responsible" or "disqualified" by or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Contractors responsibility or qualification to receive public agreements. The Contractor considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider and deem as non -responsible Bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears or otherwise in debt or in default to the City at the time and date Bids are due. 23. Cancellation of Solicitation The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 14 Section 2 — General Terms and Conditions 1 Definitions Basis of Design means a specific manufacturers product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a bidder to this solicitation, which includes the price, authorized signature and all other information or documentation required at by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated or unincorporated business entity, or corporation tendering a Submittal, acting directly or through a duly authorized representative. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City"s performance is pursuant to the City"s capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City"s authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Community Small Business Enterprise ("CSBE") means a business that has registered with the relevant Miami -Dade County agencies to compete for County construction contracts and has declared, by registration for statistical purposes, to be a CSBE. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for a Project. Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City Contractor means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this contract through the award of an ITB. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 15 Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addendum, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project(s). Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Projects. Consultant may also be referred to as Architect or Engineer of Record. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project(s) site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written notice to Cure from the City identifying the deficiencies and the time to Cure. Design Documents means the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared by the consultant for this Project(s) under a separate Agreement with the City. Director means the Director of the Department of Capital Improvements and Transportation or designee, who has the authority and responsibility for managing the Project(s) under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the consultant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the architect or engineer of record or the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead expenses and profit. For purposes of this Agreement this definition has the same meaning as Guaranteed Maximum Price ("GMP"). Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. Local Workforce Participation Unless precluded by Florida Statutes, Federal laws or regulations or grant requirements, the Contractor must comply with the following Local Workforce Participation requirements. All instructions, required forms and other information necessary for complying with the Local Workforce Participation requirements are available on the CIP webpage. Materials mean goods or equipment incorporated in a Project(s), or used or consumed in the performance of the Work. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 16 Notice of Award means the written letter to the Contractor notifying the Contractor that they have been awarded the Contract. Notice To Proceed means a written letter or directive issued by the Director or designee acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project(s). Plans and/or Drawings means the official graphic representations of a Project(s). Project Or Work as used herein refers to all reasonably necessary and inferable 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 the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project(s). Project Manager means the individual assigned by CIP to manage the Project(s). Request For Information (RFI) means a request from the Contractor seeking an interpretation or clarification relative to the Contract Documents. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor"s interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City"s Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor means 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. Submittal means documents prepared and submitted by the Bidder to pre -qualify under this solicitation. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy and/or operate the facility in all respects to its intended purpose. Substantial Compliance shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved, unless a temporary certificate of occupancy has been issued. Work means the completed construction required by the Contract Documents, including all labor necessary to produce such construction and all materials, supplies, and equipment incorporated or to be incorporated in such construction. 2. Time is of the Essence Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 17 Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, Excusable Delays, the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor"s control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or contract with the Contractor shall include but are not limited to materialmen and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project(s) site(s) for the full duration of the Project to ensure the timely completion of the Work. 3. Contract Term/Contract Price The Contract shall commence upon issuance of the Notice of Proceed, which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. The total bid amount shall be the Guaranteed Maximum Cost ("GMC") of the Project which means the maximum cost of the work including labor, materials, equipment, overhead expenses and profit. The City will not be liable for payment of any amount in excess of the GMC (unless, the City Commission has approved a project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent.) 4. Notices Whenever either party desires to give Written Notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Mark Spanioli, P.E. Director Capital Improvements Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 Jeovanny Rodriguez, P.E., Assistant Director Capital Improvements Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 For Contractor: ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 18 During the Work the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project(s) at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contract persons and phone numbers from the City of Miami"s Project Manager prior to Construction, The Contractor must notify residents living within 500 feet of the project in writing as least one week in advance prior to commencing work in the general area. 5. Priority of Provisions All work shall be constructed in accordance with the latest edition of the City of Miami"s Contract Documents and Specifications. The City of Miami s Standards for design and construction as well as the Miami Dade County"s Standards Details, and the 2007 or the latest Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents the priorities stated below shall govern; • Revisions to the Contract shall govern over the Contract • The Contract Documents shall govern over the Contract • Addendum to an ITB shall govern over a ITB In the event of conflicts within the Contract Documents the priorities stated below shall govern: • Scope of Work and Specifications shall govern over plans and drawings • Schedules, when identified as such shall govern over all other portions of the plans • Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise • Larger scale drawings shall govern over smaller scale drawings • Figured or numerical dimensions shall govern over dimensions obtained by scaling • Where provisions of codes, manufacturer"s specifications or industry standards are in conflict, the more restrictive or higher quality shall govern 6. Indemnification Contractor shall indemnify, defend, save and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness , negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall, further, hold the City, its officials and employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, personal injury, property damage, wrongful death, or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance I113 No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 19 protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend, at its own expense, to and through administrative, trial, appellate, supplemental or bankruptcy proceedings, 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 which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor, This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or725.08, Florida. Statutes, as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub - Contractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Contractor. If a court of competent jurisdiction holds any sentence(s) of this section to be invalid, the remainder shall be severable and shall continue in operative force and effect. 7. Insurance 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), the insurance coverage"s set forth herein. 7.1. Workers' Compensation insurance to apply for all employees in compliance with the Statutory "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: ■ Waiver of subrogation ■ Statutory State of Florida Required Workers Compensation Coverage ■ Limits of Liability 7.2. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, each employee. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, policy limit. 7.3. Commercial General Liability (Primary & Non Contributory) (CG 2010 11/85) (CGL) with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a primary and non contributory basis and with a coverage form no more restrictive than the latest edition of the Comprehensive ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 20 General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ■ Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000.00) per project. 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. • Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000). ■ CGL Required Endorsements o Employees included as insured o Contingent Liability/Independent Contractors Coverage o Contractual Liability o Waver of Subrogation o Premises and/or Operations Liability o Explosion, Collapse and Underground Hazard o Loading and Unloading City is to be expressly included as an Additional Insured pursuant to endorsement number CG 2010 11/85 or its equivalence. 7.4. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) 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: • Owned Vehicles ■ Hired and Non -Owned Vehicles • Employers' Non -Ownership • Employees included as insureds ■ City of Miami as Additional Insured 7.5. Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) • Bodily injury and property damage liability with limits of Two Million Dollars ($2,000,000) per occurrence, Two Million Dollars ($2,000,000) Aggregate. Excess coverage over the policies as follows: ■ Commercial General Liability • Business Automobile Liability ■ Employer"s Liability City shall be listed as an additional insured. 7.6. Installation Floater Causes of Loss: Special Form including 5% Wind and Hail Valuation: Replacement Cost City of Miami included as an additional insured ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 21 A. LimitNalue at Location or Site Full Replacement Limits Required for the installation of machinery and/or equipment into an existing structure is 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 Ten Thousand Dollars ($10,000.00) each claim. 7.7. Owners & Contractor's Protective Each Occurrence General Aggregate $1,000,000 $1,000,000 7.8 Protection and Indemnity $1,000,000 City of Miami listed as an additional insured Jones Act Coverage included The above policies shall provide the City of Miami Dept. of Risk Management with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. 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. Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction, Contractor shall furnish to the Capital Improvement Program the 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 official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best"s Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement "7 8. Performance and Payment Bond Where required by the Contract Documents the Contractor shall within fifteen (15) calendar days of being notified of award, furnish a Performance/Payment containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to City the completion and performance of the Work covered in the Contract Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to Article 14, Qualification of Surety. 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 value, 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 Project(s). The City must be listed as an Obligee. 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 and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be 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. The Surety 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 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 shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 23 The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff personnel have the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the Project Manager and the Consultant. Any such specific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall at all times cooperate with the City, or the Consultant and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The City, the Consultant and other agencies authorized by the City, shall have full access to the Project(s) site(s) at all times. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. Contractor shall not open up Work to the prejudice of Work already started, and the Project Manager may require the Contractor to finish a section on which Work is in progress before Work is started on any additional section. Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. 11, Method of Performing the Work If the Project Manager or Consultant reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the Project Manager or Consultant, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the Project Manager or Consultant, the Project Manager or the Consultant shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project(s) within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. (3) The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager or Consultant. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 24 Contractor is responsible to control dust and prevent it from becoming a public nuisance or causing off -site damage. Contractor shall take all necessary and prudent measure to control dust. The Contractor shall furnish to the Project Manager and the Consultant a complete listing of 24- hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractor can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The manner in which the Work is performed shall be subject to the approval of the Project Manager or Consultant, whom if necessary, shall have the authority to require changes in the manner in which the Work is performed. There shall be no obstruction of City services without the prior written approval of the Project Manager or Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the Project Manager and Consultant. A staging plan must be submitted to and approved by the Project Manager or the Consultant prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project(s) site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project(s) site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. 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 Project Manager or Consultant as part of a Contract Documents, and shall notify the Project Manager and the Consultant of all errors, omissions and ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 25 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 the Project Manager or by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Project Manager or Consultant. 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same resodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Fences - Any fence, or part thereof, that is damaged or removed during the course of the work shall be replaced or repaired by the Contractor, and shall be left in as good of a condition as before the starting of the work. Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project(s) duration. The Contractor shall also comply with the Occupational Safety and Health Act ("OSHA") requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Project Manager and Consultant every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: • All employees on the Project(s) site(s) and other persons who may be affected thereby; • All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and • Other property at the Project(s) Site(s) 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. Contractor shall designate a responsible member of its organization at the Project(s) site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Project Manager. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 26 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 Toss; 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 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 Project Manager or Consultant has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager and Consultant of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager and the Consultant. 18. 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 a Project must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: • The chemical name and the common name of the substance. • The hazards or other risks in the use of the substance, including: o The potential for fire, explosion, corrosion, and reaction; o 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 substance; and o The primary routes of entry and symptoms of overexposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 27 • The emergency procedure for spills, fire, disposal, and first aid. • A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. • 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. 19. Labor and Materials 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. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and shall not employ on the Project(s) any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations and Licenses The successful Contractor shall comply with all laws and regulations applicable to provision of services specified in the Contract Documents. The Contractor shall be familiar with all federal, state and local laws that may in affect the goods and/or services offered. 21. Consultant Services The City, at its sole discretion may hire a Consultant who shall serve as the City"s Representative for the Project(s) to be performed under the Contract Documents. The Contract Documents will state that an City"s representative has been contracted with for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 22, Authority of the Project Manager, of the General Terms and Conditions. On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, subcontractors and invoices. The City may contract for additional consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and are not intended to and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the former Consultant. 22. Project Management ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 28 Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to: obtaining bids from subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given through Consultant or Project Manager, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Project Manager or Consultant. The superintendent shall not be changed except with the written consent of Project Manager or Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Project Manager or Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. The Project Manager and the Consultant shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and subcontractors at the Project(s) site(s); visitors to the Project site, including representatives of the City, Consultant, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s) and shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the Contractor's duty to immediately inform Project Manager and Consultant, in writing, and Project Manager or Consultant, will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. 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. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager or the Consultant designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 29 or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager"s and/or Consultants determination or requests. Where requests are made orally, the Project Manage and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the Director, Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Contractor shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager and Consultant will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor"s failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager"s nor Consultant"s authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work Consultant, Inspectors, and City shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. Should the Contract Documents, Consultant/Inspector Project Manager"s instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Project Manager and 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 Project Manager or Consultant, it must, if required by the Project Manager or Consultant, be uncovered for examination and properly restored at Contractor"s expense. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 30 Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with the City"s testing laboratory or entity. The Contractor shall give the City and the Consultant timely notice of when and where tests and inspections are to be made so that the City or Consultant may be present for such procedures. Re-examination of any of the Work may be ordered by the Project Manager or Consultant, 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. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate contractors caused by the Contractors correction or removal of Work which is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents or to delay the Work by failure to inspect the materials and Work with reasonable promptness without the written permission or instruction of Project Manager or Consultants. 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 the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 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. Separate Contracts Prior to the commencement of the Work the Project Manager or the Consultant will notify the Contractor of all ongoing projects or projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The Consultant and the Project Manager will assist the Contractor in coordinating the Work. However, the sole responsibility for coordination rests with the Contractor. If any part of Contractors Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Project Manager and 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 Contractors Work. 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. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall at once report to Project Manager and Consultant any discrepancy between the executed Work and the requirements of the Contract Documents. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 31 28. Lands of Work 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 for the use of Contractor. 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. 29. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a week schedule. Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project(s) site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project Site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. Contractor may be required to coordinate the Work with other contractors performing work at the Project(s) site. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project(s) site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project(s) site(s), 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 the Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project Manager and the Consultant 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 Project Manager or the 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, Project Manager or Consultant shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the Project Manager and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. Should the Director determine that the conditions of the Project(s) site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, 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 Documents under this provision shall be allowed unless Contractor has given written notice and otherwise fully documented altering site conditions 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 or Project Manager as the date of substantial completion. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 32 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the City for their accuracy or completeness. No request for additional compensation or contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments The Contractor must coordinate all underground utility locations through "Sunshine State One CaII of Florida, Inc", who shall be contacted a minimum of 48 hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractors operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least 48 hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor"s failure to protect utilities encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor"s expense and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor"s expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor"s expense, any existing utilities damaged during the Work. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 33 33. Interfering Structures An attempt has been made to show major structures on the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected companies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including have the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only by the direction of the Project Manager or Consultant at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the Project Manager or Consultant before continuing with the Work in order that the Project Manager or Consultant may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager or Consultant when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at his own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor„s use of the Project(s) site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor at his sole discretion based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City"s continuous operation. This is necessary, as the Project Site(s) may remain in operation during the Work. • The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted by the Project Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the specified areas; conform to Project(s) site(s) rules and regulations affecting the Work. o Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager. o Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the Project Manager. 36. Warranty of Materials and Equipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 34 37. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment All equipment and material shall be shipped with freight and shipping paid, FOB job site. The Contractor shall request a 7-day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City"s Inspector. Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling Equipment and materials received for installation on the Project(s) shall be handled in accordance with the manufacturer"s recommendations, and in a manner that will prevent damage. Storage ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 35 Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance The Contractors insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipments Maintenance Prior to Acceptance by the City Provide the required or manufacturer"s recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the Project Manager or Consultant, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 38. Manufacturer's Instructions The Contractor shall: Comply with manufacturer"s requirements for the handling, delivery and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer"s printed instructions for delivery, storage, assembly, and installation. Comply with the manufacturer"s applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project(s) and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 36 Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturers representative shall provide the Contractor and the Project Manager or Consultant a written report of field observations. 39. Manufacturer's Warranty Contractor shall provide all manufacturers" warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturers standard warranty. The Contract Documents may supersede the manufacturers standard warranty. Manufacturers warranties will become effective upon Final Acceptance of the Project(s). 40. Reference Standards Reference to the standards of any technical society, organization or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the Project Manager or Consultant. Contractor by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission the Contractor shall advise the Project Manager and Consultant in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the Project Manager or Consultant of any deviations shall make the Contractor solely responsible for any costs incurred to correct, add or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal shall contain a title block containing the following information: • Number and title of drawing, including Contract title and Number • Date of drawing and revisions • Name of Contractor and Subcontractor (if any) submitting drawings • Name of Project, Building or Facility • Specification Section title and number • Contractor's Stamp of approval, signed by the Contractor or his checker • Space above the title block for Project Manager" or Consultants action stamp • Submittal or re -submittal number (whether first, second, third, etc.) • Date of submittal Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawing submitted without the stamp and signature shall be rejected and it will be considered ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 37 that the Contractor has not complied with the requirements of the Contract Documents. Contractor shall bear the risk of any delays that may occur as a result of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the Project Manager or Consultant has returned approved submittals to the Contractor. Project Manager or Consultant shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the Project Manager or Consultant. Project Manager or Consultant"s review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The Project Manager or Consultant shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the Project Manager or Consultant of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked and coordinated with the requirements of the Work and have been verified, checked and coordinated with this Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the Project Managers or Consultants stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Sub -contractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the Project Manager"s or Consultants acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies or adds to the requirements of the Contract Documents. Nothing in the Project Manager"s or Consultants review of Shop Drawings, Submittals and Samples shall be construed as authorizing additional work or increased cost to the City. Section 01340 contains additional requirements for submittals. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawings Contractor shall submit Shop Drawings as required by the Contract Documents. The purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after City"s award of the Contract, Contractor shall submit to Project Manager or Consultant a complete list and submittal log of items for which Shop Drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by Project Manager or Consultant shall in no way relieve the 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. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 38 After the approval of the list of items required in above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show its approval thereon. Some shop drawings as either denoted in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure that the Shop Drawings meet all Code requirements. In addition to all shop drawings required by the Contract Documents the Contractor must provided shop drawings for; all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the Shop Drawings show or indicate departures from the Contract Documents, 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 and Documents. Project Manager or Consultant shall review and accept or reject with comments, Shop Drawings within fourteen (14) calendar days from the date received. Project Manager"s or Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Shop 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 Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop Drawings have been approved by Project Manager and/or Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. 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 Project Manager and/or Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. 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. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the shop drawing numbers of related work. Shop drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections with other work, cutting, fitting, drilling and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, the Project Manager and/or Consultant are entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall keep one set of Shop Drawings marked with Project Manager"s and/or Consultant"s approval at the job site at all times. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, IlE No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 39 options and other data. Contractor shall supplement manufacturer"s standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information and operating and maintenance manuals at 50% completion of construction. 44. Samples Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. Contractor shall include identification on each sample and provide full information. 45. Record Set Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the Project Manager or Consultant, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to City"s obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor"s entitlement to final payment, the record documents shall be delivered to the Project Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files. 46. Supplemental Drawings and Instructions The Project Manager or Consultant shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. Project Manager or 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 written portion shall govern. 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 40 The Project Manager and/or Consultant shall, after review of the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT- Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the Project Manager or Consultant prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by Contractor to allow City and Consultant to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by City and Architect or Engineer of Record from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment; Contractor shall have a maximum of two (2) re -submittals for any substitution or approved equal to be reviewed by the City of Miami Project Manager and/or Architect or Engineer of Record. Contractor shall comply with the original contract documents and specifications after the two (2) re -submittals have been deemed "non -compliant with the contract documents." The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor"s achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The Consultant may require the Contractor to furnish at Contractor"s expense additional data about the proposed substitute. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient information to allow the Architect or Engineer of Record to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Consultant shall be the same as those provided herein for substitute materials and equipment. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The Consultant and the City shall be the sole judges of the acceptability of any ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 41 substitute. No substitute shall be ordered, installed or utilized without the City"s and the Consultant"s prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The City and the Consultant may require the Contractor to furnish at Contractor"s expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the Project Manager and the Consultant any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFD. The City shall respond to all RFI"sin writing. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions and/or errors, not identified in writing to the Project Manager or Consultant prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project(s), should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the Project Manager"s or Consultants interpretation and perform the Work in accordance with the decision of the Project Manager or the Consultant. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor"s expense. The City may, in its sole and absolute discretion, test materials and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances the City may deduct such cost from any payments pending to the Contractor. 52. Field Directives The Project Manager or Consultant may at times issue field directives to the Contractor based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 42 the directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager or Consultant that the work is outside the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City"s position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager or Consultant that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents 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 under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project(s) must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 54. 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 for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders Changes in the quantity or character of the Work within the scope of the Project(s) 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. 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 the Director as set forth in Article 88, Resolution of Disputes. 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 Project Manager, Consultant, and Director in writing within seven (7) calendar days of Contractors 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. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 43 The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract and which are within the general scope of the Contract Documents. Any such changes will be known as Extra Work. No Extra Work shall be performed except pursuant to written orders of the Project Manager or Consultant expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the Project Manager or Consultant may direct, order or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the Project Manager stating why he deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the Project Manager to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule for performance for both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to immediately start the Extra Work. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor"s ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of Contractor's Change Proposal Request. The Contractor`s Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project(s). If the Contractor fails to notify the Project Manager or Consultant of the schedule changes associated with the Extra Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten (10%) percent of the direct labor and material costs, unless the Project Manager determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time the Contractor shall, within five (5) business days submit a revised Project schedule reflecting the changes against the baseline schedule. 57. No Oral Changes ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 44 Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. 58. Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: • Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. • By mutual acceptance of a Contract unit price which Contractor and Project Manager acknowledge contains a component for overhead and profit. • On the basis of the "cost of Work," determined as provided in this, plus a Contractor"s fee for overhead and profit which is determined as provided in this Article. • 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 the Project Manager, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by Project Manager and Contractor. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request 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. 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. If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. The term "cost of the Work" shall include any of the following: ITB No. 12-13-047 Miami. Marine Stadium Marina Bulkhead Replacement 45 • Cost of special consultants, including, but not limited to, consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. • Supplemental costs including the following: • 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. • Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. • Deposits lost for causes other than Contractor"s negligence; royalty payments and fees for permits and licenses. • The cost of utilities, fuel and sanitary facilities at the site. • 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. • Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "cost of the Work" shall not include any of the following: • Payroll costs and other compensation of Contractor"s officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the agreed -upon schedule of job classifications., all of which are to be considered administrative costs covered by Contractor"s fee. • Expenses of Contractor's principal and branch offices other than Contractor's office at the site. • Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ■ 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. 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. • Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: • A mutually acceptable fixed fee or if none can be agreed upon, • A fee based on the following percentages of the various portions of the cost of the Work: ■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 46 ■ Where a sub -contractor performs the Work, 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 No fee shall be payable for special consultants or supplemental costs. 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. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown together with the supporting data. 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 the Project Manager or Consultant. ■ Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. • 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. • Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "cost of the Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 88, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor"s claim including the manner that the disputed item was specified in the Contractors proposal. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager"s written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor"s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties" inability to agree upon a mutually satisfactory price shall be as follows: No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Contractor or his subcontractor. Any exceptions must be approved by the Project Manager. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 47 Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor"s own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor"s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City. 60. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager or Consultant and prepare two copies of As - Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: • Depths of various elements of foundation in relation to finish first floor datum. • All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. • Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager's or Consultants written instructions or by Change Order. • Details not on original Contract Drawings. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 48 • Equipment, conduit, electrical panel locations. • Project Managers or Consultants schedule changes according to Contractors records and shop drawings. Specifications and Addenda: Legibly mark each section to record: ■ Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Managers or Consultants written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new building, or building additions, field improvements, and or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for projects which involve roadwork and drainage, Contractor shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P,L.S.) to the City of Miami prior final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. The Project"s as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets, manholes, etc.) 61, Worker's Identification The Contractor"s employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee"s picture, name, title and name of the employer. Failure by a Contractor"s employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Sub -Contractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List & Final Completion The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 49 purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the Project Manager or Consultant inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The Project Manager or Consultant shall schedule the date and time for any inspection and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the Project Manager and/or Consultant, and the Contractor confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager or Consultant determines, on the appropriate form that the Work is not substantially complete, the Project Manager or Consultant shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The Project Manager or Consultant, and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager or Consultant shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, 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 Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant 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 for Payment shall be issued by Project Manager, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project Manager or Consultant a final release of all liens arising out of the Contract Documents, receipts ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 50 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; operations and maintenance data, and the final bill of materials, if required, and payment application. Contractor shall deliver the written Contractors and all Manufacturers warranties prior to issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and Project Manager or Consultant so certifies, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 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 Contract and identified by Contractor as unsettled at the time of the application for final payment. 65. NDPES Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the Bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. 66. Force Majeure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force rnajeure condition, the Contractor shall request a time extension from the City within two (2) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Do Not Include inclement weather except as permitted by Florida law and may not include the acts or omissions of Sub- contractors. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the purpose of this article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 51 • The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; • The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the Project Manager determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the Project Manager will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The Project Manager may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contractor"s request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike or interference of public origin which may delay the Project, the Contractor shall promptly give the Project Manager a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Project Manager and to Consultant within ten (10) business 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 the Project Manager or 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 ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 52 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 the Project Manager or Consultant in accordance with Article 70, Contractor's Damages for Delay 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 Article. The Contract time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in this Article. 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. 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 71, Excusable Delays, Non-Compensable, the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 70. 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 for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable 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 compensation for the 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 68, Notification of Claim, hereof. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 53 Failure of Contractor to comply with Article 68, Notification of Claim 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. 72. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. All work along the entire project shall be located and constructed using the roadway base/center line as reference. All elevations shown therein are in feet. 73. Defective Work Project Manager or Consultant shall have the authority to reject or disapprove Work which Project Manager or Consultant finds to be defective. If required by Project Manager or Consultant, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 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 Project Manager or 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. 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, 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 any claim regarding latent defects. 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. 74. Acceptance of Defective or Non-Conforminq Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. Uncovering Finished Work The Project Manager"s, Inspector"s and/or Consultants right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The Project Manager /or Consultant shall notify the Contractor in writing concerning all uncovered finished ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 54 Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down and the replacing and the restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Work, including the cost of the City"s additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager or Consultant of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the Project Manager or Consultant, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor"s expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor"s refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractors Bid. Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 55 Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) • The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. • If required by the Project Manager or Consultant, Traffic Division or FDOT or as otherwise authorized by the Project Manager or Consultant, the Contractor shall make arrangements for the employment of uniformed off -duty policemen to maintain and regulate the flow of traffic through the work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. • The Contractor shall provide all barricades with warning lights, necessary arrow boards and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. • Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. • The Contractor shall be responsible for the provision, installation and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the Contractor shall be responsible for providing the Consultant with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed by a professional Engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010- 010. • Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470). • Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance of the construction date or 48 hours in advance of construction within any signalized intersection. • Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. • Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 56 • The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures • Where construction of the Project shall involve lane closures public streets, the following shall apply: Lane closures require a Lane Closure Permit, obtained two weeks prior to planned construction, with a minimum 48-hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or Tess duration will generally not be approved for major collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6pm weekdays. 78. Locatio.n and Damage to Existing Facilities, Equipment or Utilities As far as possible, all existing utility lines in the Project(s) area(s) will be 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 field verify 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. The Contractor shall notify each utility company involved at least fourteen (14) calendar 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. 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. 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 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: ■ Cancel the Stop Work Order; or • Terminate the Work covered by such order as provided in Article 87, Termination for Convenience. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 57 If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the Project Manger or Consultant, the Contractor may have been delayed by such suspension. In the event the Project Manger or Consultant determines that the suspension of Work was necessary due to Contractors defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractors fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, 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 Project Manager or Consultant has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 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 non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy 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 determined by Project Manager or Consultant. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager or Consultant. Upon Project Manager or Consultant"s issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage"s and start of warranty for the occupied area. • Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager or Consultant on the Certificate of Substantial Completion, as specified in the Punch List 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, Project Manager or Consultant shall issue a Certificate of Final Payment relative to the occupied area. • 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 ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 58 policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 82. Cleaning Up; City's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than 24 hours. At the completion of a Project(s), Contractor shall remove all its waste materials and rubbish from and about the Project(s) as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the Project Manager and/or Consultant shall determine to be just. All combustible waste materials shall be removed from the Project(s) at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, 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. If the Contractor does not comply with City"s order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. 84. Set -offs, Withholdings and Deductions The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: • Any amount of any claim by a third party; • Any Liquidated Damages, and/or; • Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, the following: The Contractor has not performed the Work in a timely manner; The Contractor has refused or failed, except in case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work; The Contractor has failed to make prompt payment to subcontractors or suppliers for any services or materials they have provided; The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor"s creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor"s affairs have been put in the hands of a receiver; ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 59 • The Contractor has failed to obtain the approval of the City where required by the Contract; • The Contractor has failed in the representation of any warranties stated herein; • When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractors ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City"s request, provide adequate assurances and a plan of action to the City, in writing, of the Contractors ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: o Treat such failure as a repudiation of the Contract and/or; o Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. • In the event the City may, at its sole discretion terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. • Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame or the Contract with the City may be terminated. The City is under no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City"s rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor under any contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: ■ Contractor fails to obtain the insurance or bonding herein required by the Contract. • Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 60 • Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City"s completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall be deemed to have been occurred under Article 87, Termination for Convenience. The City in its sole discretion may terminate the Contract without providing the Contractor a written notice to cure. 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment and materials (not owned or paid for by the City) from the Work Site. The City assumes no liability for the Contractor"s failure to remove such items from the Project(s) site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project(s) site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: Stop all Work on the Project(s) on the date specified in the notice ("the Effective Date"); Take such action as may be necessary for the protection and preservation of the City"s materials and property; Cancel all cancelable orders for materials and equipment; Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; Take no action that shall increase the amounts payable by the City under the Contract Documents; and Take reasonable measures to mitigate the City"s liability. under the Contract Documents. All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 61 In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: • For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project(s) completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract, and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work; and • To the extent practical, the fair and reasonable value shall be based on the price established as a result of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. • The amount due hereunder may be offset by all payments made to the Contractor. • All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination including, Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. • Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. All payments made under the Contract are subject to audit Upon the City"s payment in full of the amounts due the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Article 4, Notices. Should the Contractor and the Project Manager fail to resolve the dispute the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director - Contracts, as identified in Article 4, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the Contractor shall submit their dispute in writing within five (5) calendar days to the Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification the Director shall review the issues relative to the claim or dispute and issue a written finding. Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $100,000, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Managers written decision, approved by the City Commission if applicable, or (ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 62 (90) days has expired where City Managers decision is subject to City Commission for approval; or (iii) City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. 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 fourteen (14) calendar 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 or Contract time 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) calendar 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. 91. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of a Project(s), and/or following the completion of the Project(s), the parties to this Contract agree all unresolved disputes between them shall be submitted to non- binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with all Sub -Contractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City, The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City"s rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That includes also any other permit fees not directly related to the actual construction of the Project(s), including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, 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 the Contract Documents shall be secured and paid for by Contractor. It is Contractors 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 ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 63 is to be performed for all persons working on the Project(s) for whom a Certificate of Competency is required. 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 public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g. Building Departments Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Departments Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor"s operations (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable. 94. Compliance with Applicable Laws All work shall be constructed in accordance with the latest edition of the City of Miami"s contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County"s Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, regulations, building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for Contractor and Sub -Contractor doing business anywhere in the City. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker"s compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractors staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor"s acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a subcontractor, expert, consultant, independent contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; workers compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to indemnify and hold harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 64 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 97. Successors and Assigns The performance of this Contract shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to nullify this Contract. Any assignment without the City"s consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severability In the event the any provision of the Contract Documents is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation 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. The parties waive any objections to venue. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director or designee. 102. Entire Agreement ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 65 The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Nondiscrimination, Equal 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. Contractor's decisions regarding the delivery of services under the Contract Documents 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. 104. Evaluation Contractor acknowledges that upon completion of the of the Work under the Contract Documents and/or at any other time deemed appropriate by the City a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities manufactured, grown or produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 107. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the involved contractor, continue until completion at the same prices, terms and conditions. 108. Review of 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(s), and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 66 records of Contractor which relate to a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project(s) and to any claim for a period of five (5) years following Final Completion of the Project(s). The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. 109. No Interest Any monies not paid by City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 110. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project(s) with respect to defective Work, equipment or materials which may be identified by the Project Manager. The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of the Contractor"sfailure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Managers determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractors submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents. 111. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets or otherwise disposes of the Contract or its right, title or interest in or to the same or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law. 112. Agreement Limiting Time in Which to Bring Action Against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 67 six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. 113. Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, reduction of funds or allocations and/or change in regulations, laws, program requirements upon thirty (30) days notice to the Contractor by the City. 114. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractors submittals, shall constitute the Contract Documents between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by their duly authorized representatives. Nothing in the Contract shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where the Contract Documents imposes an indemnity obligation on the Contractor, the City, may at its expense, elect to participate in the defense of the claim if the City should so choose. Furthermore, the City may, at its own expense, defend or settle any such claim if the Contractor fails to diligently defend such claim, and thereafter seek indemnity for such cost from the Contractor. 115. Contract Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors in writing of such extensions. 116. Non -Exclusivity It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the Work with its own employees. 117. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project(s). All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 68 The Contractor shall furnish all labor, materials, tools, supplies and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 118. Contract Documents Contain all Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 119. Applicable Law and Venue of Litigation 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. 120. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration thereof. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 69 Section 3 - Supplemental Terms and Conditions 1. Contract Time & Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. Contractor shall have Three Hundred (300) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. Contractor shall have an additional Sixty (60) calendar days for Final Completion of the Contract. Work shall be performed Monday through Friday from 8:00 am to 6:00 pm. Any Work to be performed outside of these times must be requested in writing to the Project Manager 48 hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Contractor may make application for payment for Work completed during the Project(s) at intervals of not more than once a month or upon completion and Final Acceptance of the Work. Bidders will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted in triplicate and the Contractor shall only use the City"s Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Article 5 of the Supplemental Terms and Conditions and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the Project Manager or Consultant. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) days after approval of Contractor's application for payment. Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. 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. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: ■ Defective Work not remedied. ■ Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. ■ Failure of Contractor to make payments properly to Subcontractors or for material or labor. ■ Damage to another contractor not remedied. ■ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of Contractor to provide any and all documents required by the Contract Documents. In instances where multiple Project are awarded the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactory to the Project Manager, payment shall be made in whole or in part. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 70 The City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the Contractor"s submittal to the Contract Documents, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project(s) Site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project(s), but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City"s title to such materials or equipment, or otherwise protect the City"s interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time the Contractor shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of One Thousand One Hundred Forty Eight dollars ($1,148) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the additional sum of Five Hundred Seventy Four dollars ($574) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid in full to the City. The City shall notify the Contractor that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit to the City of Miami three copies of a Schedule of Values, within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor"s overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the items. The Project Manager or Consultant may require further breakdown after review of the Contractor's submittal The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under the Schedules of Values shall not exceed 5% of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City"s Contractor Payment Application Form. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 71 5. Project Schedules Contractor shall submit a proposed Project schedule as follows: • Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the Project Manager and Consultants review. Subsequent to such review of said schedule the Contractor shall establish said schedule as the baseline schedule. • All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. ■ All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated in to the City"s baseline schedules. • Subsequent to review of the initial schedule submission the Contractor shall establish the reviewed schedule as the "baseline schedule". Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project(s) or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project(s), subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project(s) where subcontractors have performed Work, a Final Release of Lien/Subcontractor"s Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. I1B No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 72 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the Project Manager or Engineer, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items or questions, and Contractor shall note the action to be taken by such party or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to Project Manager and the Consultant an updated two -week look -ahead schedule of construction activities and submittals. 8. Request for Information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Documents specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include its recommendation for resolution. The Consultant and City"s Project Manager shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project(s). Contractors, Sub -Contractors, suppliers, materialmen"s personnel shall not use the City restrooms that may be available at the Project(s) site without the prior consent of the manager of the facility or the Project Manager where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Sub -Contractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Sub - Contractors" employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the Project Manager or Consultant. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 73 Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager and the City. The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 10. Temporary Facilities, Utilities, and Construction Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility, or those that are necessary for the performance of the Work. Contractor shall make all arrangements with the local utility companies. The Contractor shall also be responsible for furnishing all materials and equipment necessary for the installation and maintenance of any temporary utilities. The Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager and the City. Contractor shall furnish, install and maintain temporary facilities required for construction, and shall remove them upon completion of the Work. All facilities shall comply with the respective federal, state and local codes and regulations and with utility company requirements. Materials for temporary facilities may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. The Contractor must pay for all utility costs associated with new lines, new hook ups, new utility accounts, and so forth which were necessitated by the Project itself. Contractor shall pay all changes, fees, costs, or other impositions for utilities, including, without limitation, electric, water, sewer, telecommunications and other utilities of whatever nature arising from the Project or the Work as herein defined. The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities and utilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. Contractor shall be responsible for payment for all fees and charges for the installation and use of all temporary facilities and utilities. All such facilities and utilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. Temporary fences: If, during the course of the Work, it is necessary to remove or disturb any fencing, the Contractor shall, at his own expense, provide a suitable temporary fence which shall be maintained until the permanent fence is replaced. The Project Manager will be solely responsible for the determination of the necessity for providing a temporary fence and the type of temporary fence to be used. Responsibility for Temporary Structures: In accepting this Contract, the Contractor assumes full responsibility for the sufficiency and safety of all temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the City from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provisions. I1B No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 74 11. Inspection of Work Contractor shall notify the Project Manager and Consultant at least 48 hours prior to commencing Work on the following: • Storm Drain • Subgrade — submit and have approved densities prior to placement of rock • Limerock Base — submit and have approved densities and as-builts prior to placement of any asphalt 12. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment and Work at the Project(s) site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 13. Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage. The City shall provide the Contractor the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project(s) Site(s) as follows: • The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah, Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2 mil cast vinyl overmounted with 3 mil mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4 inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. • The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4 inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white and all lettering shall be blue Helvetica. AM paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. • The Contractor shall also post appropriate construction site warning signs at the Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boater to the construction zone, requiring idle speed and a minimum clearance distance. Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. • The Project Manager and the City shall approve the locations for all signage. • Construction Signage must comply with applicable City and Code Sign Code provisions . 14. Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the work. Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8"X10" high resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on a bi-monthly basis. 15. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc, when directed to by the Project Manager or Consultant and shall reinstall or provide to the City as directed. ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 75 16. State of Florida Funding If required by Florida Statutes The City shall disclose in the solicitation document whether payment will come from funds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. 17. Geotechnical Testing A Subsurface Exploration report is included with the bid documents posted on the CIP website. 18. Field Layout of the Work and Record Drawings for Drainage Projects (Intentionally Omitted) 19. Survey Work for Drainage Projects (Intentionally Omitted) ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 76 B D FORM (Page 1 of 11) SECTION 4 BID FORM Submitted: ,Tuiv 15, 2013 Date City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 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(s) entitled: Bid No: 12-13-047 Title! MIAMI MARINE STADIUM BULKHEAD REPLACEMENT, B-30689 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, 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 furnish 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 event 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. 1TE3 No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 77 BID FORM (Page 2 of 11) Note; Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevail. City Form SU must be submitted with your bid. The SU Form can be found posted on the webpage with the bid documents. Our Bid Amount Includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization, transportation, overhead & profit and City of Miami permit fees required in accordance with the Bid Specifications. TOTAL BASE BID AMOUNT: $ i,114,551.00 One Million One Hundred Fourteen Thousand Five Hundred Fifty One Dollars and Zero Cents Written Base Bid Amount Allowance for Permit Fees 100,000 *Costs are for actual City of Miami permits only (LUMP SUM) 1,214,551.00 TOTAL BID AMOUNT $0ne Million Two Hundred Fourteen Thousand Five Hundred Fifty One Dollars and Zero Cents Written Total Bid Amount *This amount is to be utilized strictly for the Contractor's Permit Fees reimbursements. Any moneys remaining from this allowance account will in no event be utilized for other purposes. ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 78 BID FORM (Page 3 of 11) The spreadsheet with Unit Prices is required to be submitted within the Bid Submittal Forms. Bidders must download the version of MS Excel Bid Form that is available for download at: http=//www.miamigov.com/Capitallmprovements/pages/ProcurernentOpportunities/Default.asp. Failure to submit the spreadsheet will result in the Bid being determined to be non -responsive. MS Excel sheet shall round all bid prices to the second decimal. M AMI MARINE STADIUM BULKHEAD REPLACEMENT Line No. Pay Ite No. Pay ite Description' Unit Quantity Unit Cost:: Cost 2 3 3 4 5 6 7 6 7 8 8 9 9 10 10 TOTAL BID AMOUNT ITB No. I2-13-047 Miami Marine Stadium Bulkhead Replacement 79 MIAM1 MARINE STADIUM BULKHEAD REPLACEMENT, 8-30679 Line No.iA Pay ern No. Pay Item Description Unit Quantity Unit Cost Cost 1 1 Mobilization, LS 1 $ 63,915.00 $ 63,915.00 2 2 Furnish and install 16-inch Augercast Piling LF 3680 $ 35.50 $ 130,640.00 3 3 Site demolition; disconnect existing bulkhead utilities, excavation and removal of fill for slab construction, pavement demolition, and temporary storage of existing appurtenances (i.e. fish cleaning tables, water service, etc.) LS 1 $ 46,548.00 $ 46,548.00 4 4 Turbidity Control in accordance with plans and environmental permits (throughout construction) LS 1 $ 50,506.00 $ 50,506.00 5 5 Maintenance Dredging and Disposal of dredged material CY 25 $ 223.00 $ 5,575.00 6 6 Relocation of riprap CY 33 $ 169.00 $ 5,577.00 7 7 Furnish and install steel sheet piling (including fill between existing and new wall) LF 445 $ 750.00' $ 333,750.00 8 8 Construct bulkhead reinforced concrete cap LF 140 $ 251.00 $ 35,140.00 9 9 Construct reinforced concrete slab SF 8082 $ 14.00 $ 113,148.00 10 10 Furnishand install for klift-wheel stops EA 32 $ 2,821.00 $ 90,272.00 11 11 Furnish and install dornestic'water pipe sleeves LS 1 $ 15,004.00 $ 15,004.00 12 12 Pavement Restoration (including subbase and base) LS 1 $ 111,845.00 $ 111,845.00 13 13 Reinstall Gangways EA 10 $ 1,246.00 $ 12,460.00 14 14 Materials Testing and Pile Installation Monitoring LS 1 $ 32,513.00 $ 32,513,00 15 15 Construction Surveying LS 1 $ 20,705.00 $ 20,705.00 16 16 Augercast test pile program, including engineering and reporting LS 1 $ 4,321.00 $ 4,321.00 17 . 17 Demobilization LS 1 $ 42,632.00 $ 42,632.00 y $ 1,114,55100 18 Permitting Allowance (Owner's Allowance) LS 1 $ 100,00000 $ 100,000.00 $ $ 1,214,551,00 TOTAL BID AMOUNT= LS=Lump Su p LF=linear Feet CY= Cubic Yard SF= Square Feet EA' Each BID FORM (Page 4 of 11) Part 1: DIRECTIONS: COMPLETE PART 1 OR PART II, WHICHEVER APPLIES, AND PARTS ill AND IV (If applicable) Part : Listed below are the dates of issue for each Addendum received in connection with this Bid: See Attached ',EXHIBIT A" Addendum No. 1, Dated June 18, 2013 Addendum No. 2, Dated ably 9, 2013 Addendum No. 3, Dated Addendum No. 4, Dated Part II: No addendum was received in connection with this Bid. Part ill; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of ollowing, and shall comply with all the stated requirements. 1. Community Small Business Enterprise ("CSBE") Requirements Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City Code, pertaining to the implementation of a Community Small Business Enterprise" requirement. Evaluation of bidder's respons;veness to Ordinance Section 13331 shall be a consideration in the award of a contract. 2. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately; and 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (1) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; ITB No. 12-13-047 Miami Marine Stadiutn Bulkhead Replacement 80 BID FORM (Page 5 of 11) (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall• (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee, (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (7) (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 Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6); and 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan; or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. (3) ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 81 BID FORM (Page 6 of 11) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure; and * Note: In these instances, "Ali' in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB). 5. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1,b'of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, to meet all contractual requirements; (2) Bidder does have a satisfactory record of performance; (3) Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to contract with the city; (5) Bidder will be in compliance in supplying all requested information connected with the inquiry concerning responsibility; (f) Bidder has not had a termination, suspension, or cancellation of a City contract, in whole or in part, for cause, due to a default by the bidder or offeror, within the past five {5} years, which has not been reversed on appeal by a court of competent jurisdiction; or I?B No. 12-13-047 Miami Marine Stadium Build ead Replacement 82. BID FORM (Page 7 of 11) (g) Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the city have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court", as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the city or withdrawal by the city by order of the court. (h) The Bidder shall provide any information requested by the chief procurement officer or purchasing agent concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting; (1) The bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami in writing. 6. Local Workforce Participation Requirements( if applicable ) The Bidder certifies to the best of its knowledge and belief, that it and its principals. (a) have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the local workforce participation requirements on a quarterly basis; (b) have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; and (c) the selected third party, who independently verifies compliance with this section, must have a minimum of 2 years experience as required in Ordinance No. 13332, codified as Section 18-89 of the City Code; ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 83 BID FORM {Page 8 of it) Part IV; Certification —Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety 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. ITB No. 1243-047 Miami Marine Stadiunn Bulkhead Replacement 84 BID FORM (Page 9 of 11) The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit Price Price Sloping Extended . Method LS 500.00 S500.00 Slope. bmk Total $5oo.00 Attached is a Bid Bond [x], Cash [ ]; Money Order [ ], Unconditional/irrevocable Letter of Credit [] Treasurer's Check [ ], Bank Draft [ ]r Cashier's Check [ j or Certified Check [ ) No. N/A Bank of N/A Five Percent Dollars ($ 5 q for the sum of The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing and completing the spaces provided below. Firm's Na ✓ s 1in cn, Inc. Signature: Printed Name/Title: James A. Royo - President City/State/Zip: 2781 SW 56th Avenue, Pembroke Park FL 33023 Telephone No. (954) 985-0460 Facsimile No.: (954) 985-0462 Social Security No. or Federal I.D.No. 59- 2695595 E-Mail Address: tonyCshorelinefoundation.com Dun and Bradstreet No.: 154650147 (if applicable) partnership, names and addresses of partners: N/A ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 85 BID FORM (Page 10 of 11) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of Shoreline Foundation, Inc. ; a corporation organized and existing under the laws of the State of Florida , held on theiserslay of July , 2013 a resolution was duly passed and adopted authorizing (Name) James A. Royo as (Title) President of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. f further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF,-4-have hereunto set my hand this Isth, day of July , 20 13 . ra- Secretary: Print: Barry S. Reed CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of N/A a partnership organized and existing under the laws of the State of , held on the day of a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership: I further certify that said partnership agreement remains in full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand this ; day of , 20 Partner: Print: CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) N/A Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behalf of the joint venture, If there is no joint venture agreement each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHOR1TY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) N/A individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. Signed: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20�,. ITB No. 12-13-047 Iviiami Marine Stadium Bulkhead Replacement 86 BID FORM (Rage 11 of 11) NOTARIZATION STATE OF Florida ) SS: COUNTY OF Broward The foregoing instrument was acknowledged before me this lsth day of James A. Royo July 20 13 ,by who is personalty known to me or who has produced as identifica SIGNATVRE OF NOTARY PUBLIC STATEOF FLORIDA ',:tosve 4)4,A PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC ITB No. 12-13-047 ion and who (did / did not) take an oath. Notary Public State of Florida Joseph Stanton My Commission EE 827488 .ov Expires 68P2812016 ' Miami Marine Stadium Bulkhead Replacement 87 Notary Public State of Florida Joseph Stanton My Commrssfon EE 827408 Exptiea 08/28/2016 CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87 and 18.89 OF THE CiTY CODE James A. Rovo hereby certify that: i) 1 President am the (President/Secretary or Principal) of Shoreline Foundation, Inc. (Respondent Firm) ii) l have read Sections 18-87 and 18-89 of the City of !Vila rrtiProcur'ement Code; iii) (Respondent Firm) Shoreline Foundation, Inc. hereby acknowledges that the awarded contract has an on -site labor component greater than or equal to twenty-five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Community Small Business Enterprise ("CSBE"); OR iv) (Respondent Firm) N/A hereby is certified by Miami Dade County as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%) CSBE requirement. An active copy of the respondent's CSBE certification must be included bid document. V) (Respondent Firm) Shoreline Foundation, Inc. hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. vi) OPTIONAL: vii) (Respondent Firm) Shoreline Foundation, Inc.; hereby agrees to make assignments pursuant to Item iii), above, to certified CSBE firms who maintain a "Local Office", as defined in City Code Section 18-73, STATE OF FLORIDA COUNTY OF MIAMI-DADE ) SS Before me, a Notary Public duly commissioned, qualified and acting personally, appeared 3Vri { S t ` to me well known, who being by me first duly sworn upon oath says that hefshe has been authorized to execute the foregoing Certificate of Compliance with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named therein in favor of the. City. Subscribed and Sworn to before me this loth day of July, 2013 • My commissio Bonded by ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement Notary'et lid State of Florida at Large 88 THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (S01) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE") TM t�cton mut bo complet*d bythoBJddor1Propoor ant the.cseg $ub ntrt�rtlut will bo utifled, Name of Bidder/Proposer: shore.", i Ponhdat i on, Inc. Address: 27111 5114, Clith Av.-in. pirk )-jj3r Project Name: Marine: Stadium Bulkhead Replacement Contract Dollar Amount:Si, 214,551.00 Contact Person: lme,,g. ROY() Phone No.: (9541) 9$5-0460 Project Number: 1,-11-04 15% CSBE Dollar Amount $182,1 Name of Prime Bidder/Proposer Certification No. (if applicable) Certification Expiration Date (if applicable) Type of CSBE work to be performed by the Bidder (if applicable) Bidder's self performance percentage (%) of Contract Value Total Dollar ($) Amount of Bidder's self performance Shoreline Pov,ndat ion_i Inc . N/8, N./A I\T/A NYA N/A The undersignedintends to perform the foUownq work n connection w th the above contract: Name of Sub -contractor Certifi ation No. Certification Expiration Date Type of CSBE work to be performed by the sub- contractor Sub -contractor percentage (%) of Contract Value Total Dollar ($) Amount of sub -contractor's CSBE requirement NCO 15Q3 5/33,/ 2014 .$1.,I-.0 work 159it $182,182.55 certify that I e representations ontaIned in i 1*form are trueand accurate to thm es of my knoede. offlrm that I will enter into sub -contractual agreernent(s) with the above listed CSBE aub-co ) tractor(s) jj.award'Utrt "s contract. Copies of the agreernent(s) will be immediately made available to the City ol Miami as required. .Prne6idder/Proposer Signature 7/15/11 Date Jamon A Troy° Prime Bidder/Proposer Print Name PreFident: Title The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to . . provide such goods or s,,ervices, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and . .... . the ability to othe ise meet the bid specincations. 7-15-13 Mo Con,51-ruciko e. ,4,1,1 /1102eilif Pre5 ;den f Sub -contractor Signature Date Sub -contractor Print Name Title ITU No. 12-13-047 tvliami Marine Stallion Bulkiteacl 1;ei)lacentent, 89 Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida County of Dade City of Miami SS SHORELINE KNOWN ALL PERSONS BY THESE PRESENTS, that FOUNDATION, INC. as Principal, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, are held and firmly bound unto The City of Miami, in the penal sum of FIVE PERCENT OF THE AMOUNT BID Dollars ($5% ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated JULY 15th , 20 13, for: Mianii Marine Stadium Bulkhead Replacement, B-30689 NOW THEREFORE: (a) if the principal shall not withdraw said Bid within one hundred twenty (120) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract, or, (b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required Work and supplies, if the latter amount be In excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 90 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 15th day of JULY , A. D., 20113 the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS; (if Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will test -a ffi seal.) PRINCIPAL: SHORELINE FOUNDATION, INC. (--(l ar e of Firm) ignature of authorized officer) (Title) 2781 SW 56TH AVENUE Affix Seal (Business Address) PEMBROKE PARK, FL 33023 City State Zip Surety: TRAVELERS CASUALTY AND SURETY (Corporate Surety) COMPANY OF AMERICA 81gnature of Authorized Officer) D. W. MATSON III, ATORNEY-IN-FACT (Title) 700 SOUTH DIXIE HIGHWAY, SUITE 100 (Business Address) CORAL GABLES FL 33'146 City State Zip Affix. Seal ITS No. 12- I3-047 Miami Marine Stadium Bulkhead Replacement 91 the Corporation -...mmes BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, E "-e-{ - , certify that I am the Secretary of as . Principal in the within bond that of said corporation; that I know his signature, and the signature hereto is genuineand that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governi bodr named STATE OF FLORIDA ) COUNTY OF DALE. City OF MIAMI SS (Corporate Seal) Nolsry Public State of FbridR Joseph Stanton My Commission EE 827488 Expires 08/28/2016 Before me, a Notary Public duly commissioned, and qualified, personally appeared D. W. MATSON 11i to me well known, who being by me first duly sworn upon oath, says that he/she Is the attorney -in -fact, for the TRAVELERS CASUALTY AND SUR_TY COMPANY AI 'ERICA and that he/sire has been authorized by ITS PRESIDENT to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me thi H day INSTRUCTIONS: Bid Bonds must be accompanied by a Power ofAttorney, in compliance with Instructions to Bidders JULY A, D,, 2013 1 Notary Public, Ste e of Florida at Large DINIA CAVAIIERE YCOMMISSION iEE191178 EXPIRES:June 19, 2016 Bcc dThuB Way Skei My Commission Expires: UNE 19, 2016 1TB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 92 4=b, TRAVELERS WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casually Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St, Paul Guardian Insurance Company Attorney -In Fact No. 216588 St, Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005004103 KNOW ALL MEN BYTHESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul IYIereury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, find that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the isa's of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint D. W. Matson 111, and John W. Charlton of the City of Coral Gables • State of Florida , their true and 'awful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, reeognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of gnaranteein,g the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bands and undertakings required or permitted in any actions or proceedings allowed by law. 1611 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this August 012 day of Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St, Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. By: St, Paul Mercury Insurance Company Travelers Casualty and Surety company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 0 161 August 2012 On this the day of , before me personally appeared George W. Thompson, who acknmeledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty insurance Company, Fidelity and Guaranty Insurance Underwriter, Inc., St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurfinee Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company', and that he, as such, being authorized so to do, executed the foregoing instrument far the purposes therein contained by signing an behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. \A,G0A.A• a. Marie C. Tetreault, Notary Public 68440-6-11Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY fS INVALID W1THOUT THE RED BORDER -...rzM=t-=Wistaw..aomvtr.znmnstwvvn'wr.r,f,evvrs,m,K.Rmaeamxzmar.as'xev,o.'atas,ra/-...M.=..M-.....=..KVV'..t.r...=NzerAt'aP,. SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Require That The Bidder Submit Additional Information Not Included in The Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days Of The City's Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages lVlay Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information con tained herein. A. Business Information 1. How many years has your company been in business under its current name and ownership? 27 Years a. Professional Licenses/Certifications (include name and number)* Issuance Date CGS' Li_rensa - Y'Gm S1 7337 See Attached '*Exhibit Corporate - J17125 See Attached "Exhibit B" Miami -Dade County - E1922 See Attached ('include active certifications of small or disadvantage business & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: June 2, 1986 c. Qualified Business License; Ej Yes Do If Yes, Date Issued: 7/27i2010 c. What is your primary business? Marine Construction (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) d. Name of Qualifier, license number, and relationship to company: James A. Royyo - President xhibit e. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company N/A Name and Licenses of any prior companies Name of Company License No. Issuance Date N/A 3. Type of Company: Corporation Q"S" CorporatioriL LLCQ Sole Proprietorship Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 93 ISWNOYA,'OILL•4 DO 'NOTP RECEIPTNO, 30-1649368 CC NO: E1922 BUSINESS NAME / LOCATION • • SHORELINE FOUNDATION INC- 25 NE 2 AVE OWNER :SHORELINE FOUNDATION IN I SEE BACK OF RECEIPT FOR 1 :ALIST OF NON -PARTICIPATING MUNICIPALITIES Receipt holder must register in the city where work is to be done. PAYLEVIT RE=VEL) 1,SLAJAHDA.W. CCVNTY TAX P9'131Y715/2012 60050000009 000250,00 F1RST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 SPECIALTY ENGINEERING CONTRACT DO NOT FORWARD SHORELINE FOUNDATION INC JAMES A ROYO PRES 2781 SW 56 AVE PEMBROKE PARK FL 33023 Busine BROVVARD COUNTYLOCAL BUSINESS -TAX RECEIPT 15 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER '1,2012 THROUGH SEPTEMBER 30, 2013 DBA: s Name: SHORELINE FOUNDATION INC Receipt #-188-762 CONTRACTOR _us.ness :poOL/MARIIFZ, ;',..P.r7 d Type (ENGINEERED CONST BLDR Owner Name: SHORELINE FOUIWATION INC Cio JAMES ;a43usiness Opened:12 /12/19 SS Business Location: 2781 Sig 56 AVE State/County/CertiReg:8 8 -1022 PEMBROKE PARK Exemption Code: Business Phone: 954.-935-0460 Rooms Seats Employees 3 Machines Professionals For Vending Business Only Number of Machines: VendingT e: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 27.00 b. Go 8. o o. 0 0.00 0-00 27.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT WHEN VALIDATED This tax is levied for the privilege of doing business within Broward County and is non-regulaton/ in nature. You must meet all County and/or tviunicipality planning and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have -moved the business liDcation. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: SHORELINE FOUNDATION INC C/O 3-14'.14.ES 2781 SW SGTH AVENUE PEMBROKE PARK, FT., 33023 2012 2013 Receipt #033-11-00002 07 Paid 07/19/2012 27.00 Company Ownership a. Identify all owners of the company Name Title tames A. Royo Barry S. Reed John R. MCCzPP President Vice President/ ;Secretary Vitae Prasidan4-j Trpasur r % of ownership 33 33.3% 33.3 b Is any owner identified above an owner in another company? 0 Yes El No if yes, identify the name of the owner, other company names, and % ownership N/A c. Identify all individuals authorized to sign for the cornpany, indicating the level of their authority ( check applicable boxes and far other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other James A. Rovo - President 0 D ❑ El Barry S. Reed - V.P. /Secretary 0 ❑ 0 ❑ John r DicGee V.P_/ Treasurer ❑ ❑ D ❑ ❑ 0 ❑ Explanation for Other: N!A (Note: "Ali' refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc: "Cost' refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) Employee Information Total No. of Employees: in Number of Managerial/Admin. Employees 20 Number of Trades Personnel and total number per classification (Apprentices must be listed separately for each classification) Operators - 10 Laborers - 40 Pile Drivers - 12 Carpenters - 18 How many employees are working Under H2B visas? None ITB No. 12-13-047 itiliarni Marine StadiumBulkhead Replacement 94 6. Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: No 7. Insurance & Bond Information a. Insurance Carrier name & address: usx Southeast 201 Alhambra Circle, Suite 1000 Coral Qables. FL 33 4 b. Insurance Contact Name, telephone, & e-mail: Wendy T-ry (los7gnon- saver ii hi c. Insurance Experience Modification Rating (EMR): .94 (if no EMR rating please explain why) d. Number of Insurance Claims paid out in last 5 years & value: None e. Bond Carrier name & address: Matson -Charlton Surety Grouo 700 South Dixie Highway. Suite 100. Coral Oables FT, 18146 f. Bond Carrier Contact Name, telephone, & e-mall: (305) 662-3852 ; du f famcsurety . corn g. Number of Bond Claims paid out in last 5 years & value: NnTie Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. No 9. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity, If yes, provide details: No 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? EI Yes [I] No (If yes, provide an attachment that provides an explanation of the project and an explanation. N/A 11. Has your company been cited for any OSHA violations in the past five (5) years. If yes, please provide an attachment including all details on each citation, No ITB No, 12-13-047 Miami Marine Stadium Bulkhead Replace= t 95 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. see Attached 'EXHIBIT CU B. Project Management & Subcontract Details 1. Project Manager for this Project; a. Name: Charles Diveto See Attached 'EXHIBIT D" b. Years with Company: 3 "Years Certified General Contractor Licensee CGC1517146, April 2009, State of Florida c Licenses/Certifications: Professional Engineering License 463942, October 2005, State of Florida d. Last 3 projects with the company including role, scope of work, & value of project: C-3 Canal - $4,O91.624 Project Manager. Dredging $1,113,115.26; Project Manager; Demo and Install new pile can Oenrae Bh Bridge - and railing, and install auger cast piles �2iverw�lk-Hark orside - $956,297.82; project Manager; Demo &Install New co=zcrete panel seawall and t'n"er do^k 2 Subcontractors: Name Trade % of Work License No. Certification* Ranger Asphalt lime rock base 7.6% N/A. Scheda Ecological 14677 Assoc Manatee via china 1, 9% Miami -Dade County Connass Point Saurvevira 1.5% r,A 7635 N/A Dynatech Engineering Pile Monitorinc 2.1% CA 5491 N/A 1503 MCO Site Work 15% CGC1508379 Miami -Dade County (*active certifcatiions of small or disadvantage business & name of certifying entity) See Attached "EXHIBIT B" Scope of actual construction work to be performed by your company and the corresponding percentage of the work: {This does not include such items as insurance f bonds; dumpsters, trailers, and other similar non -construction work items) gtger Cast Piles SteQ1 sheet pile. Demolit- on. Pork fill, f urh-idity monitor ing.and installation C. Current and Prior Experience: 1 Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such projects, including the owner's name, title and value of project, scope of work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the project) See Attached "EXHIBIT E' 2: Prior Projects of a similar size, scope and t Provide an attachment to this Questionnaire that includes completed projects the Proposer considers of a similar, size, scope and complexity that the City should consider in determining the Bidders responsiveness and responsibility. This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. information provided must include the - T 3 No. 12-13-047 Miami Marine StadiurnBulkhead Replacement 96 owner's name , address and contract person, including telephone & e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project, The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project If there is a difference between the initial and final cost or initial and actual timeframe provide details on why the differences exist, A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. Se e Attached "EXHIBIT 1" D. Bidder's References Bidders are to include five (5) references from completed projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission, The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. FIB No, 12-13-047 Miami Marine Stadium Bulkhead Replacement 97 SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 1) SUPPLEMENT TO BID FORM: Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Contractor has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexity. 1. Company Name Address Contact Person Contract Amount Telephone No/Fax No 2. Company Name Address Contact Person Contract Amount Telephone No/Fax No 3, Company Name Address Contact Person Contract Amount Telephone No/Fax No 4. Company Name Address Contact Person Contract Amount Telephone No/Fax No 5, Company Name Address Contact Person Contract Amount Telephone No/Fax No See Attac'hed "FX14TATT F" ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacemen 98 1/0 ka16U JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concem Subject: Reference Letter Name of Bidder: The above referenced Contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: Scope of work: The Moorings at Lantana Value of project: $1,500,000.00 Date Completed: 01/2009 Percentage of work self -performed by Contractor: 60 % Was project completed on time & within budget: Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: 6.019e, NDIZ'G Z CL(lZZ L- /5, ooa C y-'s or LY i'f C y4cut o& t ) /adfr ofTAIF // T Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual ompleting this form: Signature: Telephone: 5 '/' era Sincerely, Mark Spanioii, P.E., Director Capital Improvements Program 11 B No. 12-13-047 Brian Rheault, P.E. Date: 1111i{ itle: pcers/ty)-2 E-ynail: 5/g7 99 ir4e664/e ,901.0 /7? Miami Marine Stadium Bulkhead Replacement JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder: The above referenced Contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: Scope of work: C-3 Canal Dredging Value of project: $ $4,091,624.21 Date Completed: 10/28/2011 Percentage of work self -performed by Contractor: 100 % Was project completed on time & within budget: ® Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Scope of work consist of Dredgina the C-3 canal annroximate y 35.000 cv and disposal of material at proper landfill. Thank you for . rr assistance in helping us in evaluating our bid solicitation. Name of indi iduai 'mole' rgt inform: Ernesto -inn Date: 7-24-13 Signature: Title: 1CR.)&„) Telephone: ''D5 b® 5 D D Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program E-mail: 8P1. ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 99 JOHNNY MART[NEZ, P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder: The above referenced Contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Narne of Project: Scope of work: Haulover Park Marina Phase II Value of project: $ 9,957,841 Date Completed: 10/2009 Percentage of work self -performed by Contractor: 80 Was project completed on time & within budget: ❑ Yes )21 No If no, was the contractor at fault or contribute to the delay(s) or increased cost? (— Yes >1 No If yes, please provide details: Comments: tCk- / is44cc P 'Cc) U S' iU;,-,e1,7Z.2lS iv U )5. J t t )6 Lt._ Thank you for your assistance in helping us in evaluating our bid solicitation. Name of indivi d I domp[eting this form: Joel Arango Date: 7/24/13 (./ Signature: Telephone Sincerely, Mark Spanioll, P.E., Director Capital Improvements Program Title: E-mail A r --'(,...)O Ee ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 99 JOHNNY MARTINEZ, P.E. Oily fvlanager To Thom it May Concern Subject; Reference Letter Name Of Bidder; The above referenced Contractor is submitting on a bid solicitation that has been Issued by the City of Miami, We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other Information.yyour feel is pertinent; Aft�A t Nome of Project; t3� t f '1St ts0 r� [�2t � wcAti, ? �,p t 1 Scope of work; p ;r 9G7 � YJ . CC QM I ; CoD 61, . 1 r2e.(14: !� �`l r�1 Sc('s�!�z Value of project; $ r� f CX�C pate Completed: PC h • 161t Percentage of work Self -performed by Contractor: °/a Was project completed on time & within budget: tom'" Yes C] No If no, was the contractor at feult.or contribute to the delays) or increased cost? CJ Yes 0 No if yes, please provide details: Comments: Vtizr (k '} P,61k MP,'turoe (c)' Zr�1 (css Thank you for your assistance in helping us In evaluating our hid solicitation, Name of individual cam etingg this form: /7r'trvfi r m-rF j.4/ 40 Date: /43 Signature: Title; --dam T" rat 4z . Tefepht0 r�11 Z z-Z �6 -s / E-mail; sr4,/?1-Vii -lafi /4;1(4d ei i Sincerely, Marl< Spaniolj, P,E,, Director Capitai Improvements Program 1'1'13 No, 12-13-047 iv itml Marine Stacltuin t3utkltca'1 Repiacemcni 99 N/A SUPPLEMENT TO BID FORM OFFICE LOCATION AFFIDAVIT (Page 1 of 2) Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI. Legal Name of Firm: Entity Type; (Check One) Ci Partnershp D Sole Proprietorship Ei Corporation 0 Limited Liability Corp. Corporation Document No: Date Established City of Miami Business Tax Receipt No: Date of Issuance Miami -Dade County Business Tax Receipt No: Date of Issuance Office Location (Establishment of the bidder/Bidder): PRESENT Street Address: City: State: How long at this location: PREVIOUS Street Address: City: State How long at this location: According to Section 18-85(a) of the City of Miami Code, as amended: "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local biolders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." Sec 18-73 City of Miami Code: Local office City of Miami Local office means a business within the City which meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city for a minimum of twelve (12) months immediately preceding to the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per ITB No. 12- -047 Miami Marine Stadium Bulkhead Replacement 100 N/A calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; and 2) if the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully executed lease within the corporate limits of the city that documents in writing continuous I3usiness residence within the corporate limits of the city for a term of no less than twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; and 3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current Business Tax Receipt issued by both the city and Miami -Dade County, if applicable; and 4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal, ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 101 SUPPLEMENT TO BID FORM OFFICE LOCATION AFFIDAVIT (Page 2 of 2) The intention of this section is to benefit local bona fide bidders/Bidders to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section. Authorize Signature Authorized Signature Print Name Print Name ;, Title Title Authorized Signature Authorized Signature (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF DADE That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. My Commission Expires: NOTARY PUBLIC: Bidders must submit with your Bid copies of both City Of Miami and Miami -Dade County Business Tax Receipts, professional and/or trade License to verify local status. The City of Miami also reserves the right to request a copy of the corporate charter, certificate of use, corporate income tax filing return and any other documents(s) to verify the location of the firm's office. Section 6- Contract Execution Form ITB No. 12-13-047 Miami Marine Stadium Bulkhead Replacement 102 Project No. B- 30679 CITY OF MIAM| CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Project Title: Miami Marine Stadium Bulkhead Replacement Sheet No. 1 of This Form must besubmitted with aBidder's Bid submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected as non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids are due. Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. of Business Portion of Work DollarName Amount Percent Auddnoss/Citx/�tata/��� License 2nf�nnatimn°° Business SBE K�mrO�oatmn°°°° COBE ^ DBE Type Number Compass Point Surveyors 5omoy $17.585.00 1.4% mo1wwourdStreet, Suite 1un. Surveyor F|LB7535 Pompano Beach, n mCocunmmuioo Sitework *152.105.00 15% umowwz/mAvenue Suite zoo 3itownrk 14677 Miami, Florida uuwr * All tiers must be shown, including multiple sub-bers. if permitted by the Contract Documents. °^Liutonly those relevant to this Project. ^°^ Must be certified by either Miami -Dade County, State of Florida, or the Federal Government CITY OF MIAMI Capital improvements Program BID NO.: 12-13-047 Marine Stadium Marina Bulkhead Replacement,B-30689 ADDENDUM NO.1 June 18, 2012 TO: ALL PROSPECTIVE BIDDERS! The following changes, revisions, additions, clarifications, and deletions amend the above - captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract, Please note the contents herein and affix same to the documents you have on hand. Chan es to the Contract Document The project name was stated incorrectly in the original bid documents and is amended in this Addendum, Miami Marine Stadium Bulkhead Replacement is stricken and replaced with the correct project name: Marine Stadium Marina Bulkhead Replacement. The bid documents and bid form previously posted will remain; however, the executed contract will be amended to reflect this change. Section 2 GeneralTerms and Conditions The following article has been deleted from the contract document in its entirety: 113. Defe-n-s-e-Gf-ctai-ms Silauld any claim be made or any legal action brought in any way relating-hafete-ar---ta the-WGr-k-heleraFr-e3(Gept-as-i-S-GOVared-by-the-pFovralt:34eicF1iftGatit444 the Contractor shall diligently render to the City, after additional compensation is mutually-agreed--upan,---any-and-all--ass-istance-whieh-the-Gtymay ulre-sf-the Contractor. ITB 12-13-047 Marine Stadium Marina Bulkhead Replacement Addendum No, 1 CITY OF MIAMI Capital Improvements Program BID NO.: 12-13-047 Marine Stadium Marina Bulkhead Replacement, B-30689 ADDENDUM NO.2 July 9, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above- captioned Bid/Contract documents, and shall become an integral part of the Invitation to 'Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. Changes in he Contra Document The following language has been stricken from the contract document: 17. Local Workforce Participation Unless precluded by Florida Statutes, Federal laws or regulations or grant requirements, Prospective Bidders must adhere to the following requirements. Prospective Bidders must adhere to the following requirements in-erdcr to be considered-respensivc to this celieltatierr Request for Information co. When there is a Best and Final Offer ("BAFO") between the low non -local bidder (s) and local bidder (s) who is within 15% of that lowest bidder, will the bidders know each other's original submitted bid amount prior to submitting their BAFO bids? Al. All bid submittalsthat are delivered on time to the Office of the City Clerk are opened and read publicly and a bid security list with the bidders total bid amounts is posted on the CIP website. In a BAFOfor bidding purposes, the responsive and responsible non -local lowest bidder is identified, Any local bidder (s) who are deemed responsive and responsible and rneet the criteria outlined in the bid document will be identified by the amount of their submittal (s) to show that they are within the mandated 15%. Original submitted bid forms with unit pricing of the parties involved in the BAFO will not be made public. ITB 12-1.3.047 Marine Stadiun Marina Bulkhead Replacement Addetidu No, 2 The BAFO price must be equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Q2. Is there stilF reciprocity betvveen Dade and Bro ard Counties when it comes to local business preference? A2. The question refers to Miami -Dade County. Bidders must meet the City of Miami definition of "local office' as stated in Section 5 "Supplement to Bid Form Office Location Affidavit" to qualify for local preference. For bidding purposes local office means a bidder who maintains an office within the City of Miami knits. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT aOCUMES AND ALL BE MADE A PART THEREOF. Jeovanny R Capital Im z, P.E., '-istant Director nts Frog a NAME OF FIRM: "-T- S- bre PcAtr.43-#j on, Inc SIGNATURE ames A. Royb - President DATE: July 15, 2013 ITB 12- 3-047 Marine Stadium Marina Bu khead Replacement Addendum No. 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION / CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ROYO, JAMES ANTHONY SHORELINE FOUNDATION 1316 NW 127 DRIVE SUNRISE INC FL 33323 Congr.atulationst Vlith this license you hecomr2 Orte of the nearly one million Floridians licensed by the Department of Business: and Professional Regulation. Our professionals and businesses range from arthoects to yacht brOke-rs. from boxers to barbeque reStaurants, and they keep Floddos e.cfyiurny strong_ Every day we work to improve the Wa,, Sze do busineSs in order to serve you better. For information about our sorvices. Please Ito onto www,rnyfloridalicenSe.com. There you Can find MCI'S inforntation about our ditiisions and ',ht.' regulations that impact yot.L.. -subscribe to department newsletters tearn more about the Departments inittatiyes. Our misstonat the Department ts:.1.icease E---flictently, Regulate Fairly. We itOnstantty striveto. Setve you better $blhat you can ouio your custotners. Thank .you for doirtj; bus.iness In Flerida, and catufa;if.Ins on yottr new' iloorts DETACHHERE # 1,54453 STATE OF FLORIDA 1,850) 4.87-1395 STA-IT OF FLORIDA AC,7 L 5 t,i4S DEPARTMENT OF BUSINESS AND, PROFESSIONAL REGULATION CGC1517337 06/06/12 110415 91 CERTIFIED GENERAL CONTRACTOR ROY°, JAMES ANTHONY SHORELINE FOUNDATION INC IS CSRTIFISI) t c43i it AUG 31, 2014 L1.206040 1375 DEPARTMENT OF BUSINESS AND PROFESSIONAL RECtULATTON CONSTRUCTION INDUSTRY LICENSING BOARD SEW L12060603_375 jLICENSE NBR 06/06/2012 1110415391 1CGC15fl337 The GENERAL CONTRACTOR Named below IS CERTIFIED Undel.- the provisions OE CI -a —t--r 483 7,'S Expira,tIon dote: AUG 31, 2014 P.O.,' 0 JANES oR (For the tl.roloctit..,r1 of COI professional license holders, This liconse contains hidden :-:ect_tri(y features to prevent counterfeiting, UnauL'iurizeri rr;)roduction is strictly pi ohibiled and will be pFOSPC1Iti.'d to th:. 1it1lE.:5( extent at the Iniv.) ProfossionalP ...0P.PH) Issues fcar lanv pt..icii1101-10; 5 In the Ro! 1%. tate of lotha epartfnent of State I certify from the records of this office that SHORELINE FOUNDATION, INC: is a corporation organized under the laws of the State ofFlorida, filed on June 2, 1986, effective June 2, 1986. The document number of this corporation is J 17125. I further certify that said corporation hits paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report tivas filed on January 29, 2013, and its status is active.. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this i the Twenty ninetli day of January, .2013 ecretary o f St( Authentication ID: CC31336172302 To authenticate this certilicate,visit the following site,euter this ID, and then follow the instructions displayed. ltttps://efile.suuhiz.or;/certauthver.himl F�� t.� L1� `r'lryi . 3t miamidade.goY August 22, 2011 Mrs, Ant) Me Neill M.C.O. CONSTRUCTION AND SERVICES, INC. 6600 NW 27th Ave, #208 Miami, FL 33147-7220 Small Business Development 111 i\li/V 1 Street, le Floor Miami, Florida 33128 T 305-375-3111 F 305-375-3160 CERT. NO: 1503 Approval Data 05/31/2011 - CSBE Level 2 Expiration Date: 05/3112014 ANNUAL ANNIVERSARY: 05/31/2012 Dear Mrs, Mc Neill: The Department of Small Business Development (SBD) has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Community Small Business Enterprise (CSBE) in accordance with section 10-33-02 of the Code of Miami Dade County. This certification is valid for three years provided there are no changes rendering your firm ineligible for certification. You are required to submit a "Continuing Eligibility Affidavit° annually with specific supporting documents on or before your Anniversary Date as listed above. You will be notified in advance of your firm's Anniversary Data Failure to comply with the said responsibilities may result in Immediate action to decertify your firm, Every three years you will receive a full recertification review that may include an onsite investigation; SBD will also notify you accordingly. If at any time during the certification period, there is a material change in your firm, including, but not limited to ownership, officers, Director, scope of work being performed, daily operations, affiliations with other business (es) or physical location of the firm, you must notify this office in writing within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office as to how you should proceed, if necessary. Your company is certified in the following categories as listed below, affording you the opportunity to bid and participate on contracts with small business measures. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract needs. The directory for all certified firms can be accessed on the Miami -Dade County SBD website http://vmv.miarnidade.gov/sba Thank you for doing business with Miami Dade County. merely, PnftIope Townsley Sir c CATEGORIES; (Your firm may bid or participate on contracts only under these categories) SWIMMING POOLS (CSBE) NEW SINGLE-FAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (CSBE) NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (CSBE) NEW HOUSING OPERATIVE BUILDERS (CSBE) RESIDENTIAL REMODELERS (CSBE) INDUSTRIAL BUILDING CONSTRUCTION (CSBE} COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION (CSBE) WATER AND SEWER LINE AND RELATED STRUCTURES CONSTRUCTION (CSBE) POURED CONCRETE. FOUNDATION AND STRUCTURE CONTRACTORS (CSBE) STRUCTURAL STEEL AND PRECAST CONCRETE CONTRACTORS (CSBE) ROOFING CONTRACTORS (CSBE) SITE PREPARATION CONTRACTORS (CSBE) ALL OTHER SPECIALTY TRADE CONTRACTORS (CSBE) DBDR.020120116A5 Mrs. Mc Neill M.C.O. CONSTRUCTION AND SERVICES, INC. August 22, 2011 cc: Keva Pace, Certification Specialist DB DRCOW v201106,05 iniannIdade.gav August 22, 2011 Mr, Greg Juszli SCHEDA ECOLOGICAL ASSOCIATES, INC. 701 Brnckell Aw, Suite #1550 Miami, FL 33131-000.0 Small Business Development i i i NW 1 Street, 19t Floor Miami, Florida 33128 T 305-375-3111 F 305-375-3160 CERT. NO: 14677 Approval Date: 08/22/2011 - SBE Expiration Date: 08/31/2014 ANNUAL ANNIVERSARY: 08/22/2012 Dear Mr. Juszli: The Department of Small Business Detielopment (SBD) has completed the re'iew of your application and attachments submitted for certification. Your firm is officially certified as a Small Business Enterprise (SBE) in accordance with section 2-8,1.1.1.1 of the Code of Miami Dade County. This certification is valid for three years prouded there are no changes rendering your firm ineligible for certification. You are required to submit a 'Continuing Eligibility Affidavit" annually with specific supporting documents on or before your Anrii'ersary Date as listed abo'e. You will be notified in advance of your firm's Anni ersary Date. Failure to comply with the said responsibilities may result in immediate action to decertify your firm. Every three years you will receiie a full recertification review that may include an onsite intestiigatiorr, SBD v itt also notify you accordingly. if at any time during the certification period, there is a material change in your firrn, including, but not limited to ownership, officers, Director, scope of work being performed, daily operations, affiliations with other business (es) or physical location of the firm, you must notify this office in writing within (30) days. Notification should include supporting documentation. You will recei3,e timely instructions from this office as to how you should proceed, if necessary. Your company is certified in the following categories as listed below, affording you the opportunity to bid and participate on contracts with small business measures. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet. contract needs, The directory for all certified firms can be accessed on the Miami -Dade County SBD website http://v, w.miamidade.gov/sba Thank you for doing business with Miami Dade County. CATEGORIES: (Your firm may bid or participate ort contracts only under these categories EROSION CONTROL SERVICES (SBE) ENVIRONMENTAL IMPACT STUDIES (SBE) CONSULTING SERVICES (SBE) ENGINEERING CONSULTING (SBE) ENVIRONMENTAL CONSULTING (SBE) FEASIBILITY STUDIES (CONSULTING) (SSE) CONSERVATION AND RESOURCE MANAGEMENT SERVICES (SEE) cc: Adriana Coba, Certification Specialist DDIAt420 v2011-0112 Heavy Roads Equipment List item Make/Model Capacity Year Bull Dozer CAT D-9 w/ ripper 1977 Bull Dozer CAT D-9 w/ ripper 1977 Roller ingersol Rand 12 Ton 2005 Excavator CAT345 3.5 ydA3 2003 Excavator CAT 375 4 5 ydA3 2003 Excavator CAT 385 4.8 ydA3 2004 Loader CAT 980 4.3 ydA3 2003 Bobcat CASE 1985 BackHoe JD 310 1984/ 2005 Articulating Dump Truck CAT 725 25 Ton Articulating Dump Truck CAT 725 25 Ton 2005 Articulating Dump Truck CAT 725 25 Ton 2005 Articulating Dump Truck CAT 725 25 Ton 2005 Articulating Dump Truck. Terex TA 35 35 Ton 2002 Articulating Dump Truck Terex TA 35 35 Ton 2003 Articulating Dump Truck Terex TA 40 40 Ton 2005 Dewatering Pump John Deere Driver 12" 2003 Dewatering Pump John Deere Driver 12" 2003 Dewatering Pump John Deere Driver 12" 2003 Light Plant Diesel Genrator 2003 Light Plant Diesel Genrator 2003 Light Plant Diesel Genrator 2003 Light Plant Diesel Genrator 2003 Light Plant Diesel Genrator 2003 Light Plant Diesel Genrator 2003 Light Plant Diesel Genrator 2003 SHORELINE FOUNDATION, Inc. OWNED EQUIPMENT CRANES Make Model Serial # Value BoomTruck X4000RCC 44069904046 $105,000 Koehring 35 Ton Truck Crane 335 4A0173375 $25,000 Linkbelt 50T RT Crane HC 108 E1188740 $218,000 Linkbelt 60T Crawler Crane LS 118 9LV4769 $55,000 Linkbelt 70T Crawter Crane LS 138 H7J02594 $400,000 American 46 Ton Truck Crane 4460 4584AN19477 $110,000 American 46 Ton Truck Crane 4460 4584ANT9303 $110,000 American 46 Ton Truck Crane 4460 1310 $52,500 American 46 Ton Truck Crane 4460 1421 $45,000 American 60T Crawler Crane 5299 GS16446 $100,000 American 60T Cravrler Crane 5299 GS10847 $100,000 American 60T Crawler Crane 5299 GS16922 698,000 American 100T Crawler Crane 7260 GS14732 $185,000 American 165T Crawler Crane 9299 GS18446 $595,000 Earth Moving Equipment Make Model Serial # Value Link Belt Excavator 160LX K2J5-0147 $118,000 Link Belt Excavator 160LX K2J5-9977 $118,000 Link Belt Excavator 210 LX K3J5-0146 $119,250 Caterpillar Backhoe Loader 416E SHA03519 $66,445 Caterpillar Backhoe Loader 416E SHA03516 $66,445 Cat Backhoe 416D BI P02751 $60,000 Holland Backhoe LB75B 31043475 $33,440 Bobcat Skidsteer Loader S130 524614591 $9,200 BARGES Make Model Value Inland Barge (2005) 2' x 10' x 25' $10,000 Inland Barge (2006) 2' x 10' x 25' $15,000 Inland Barge (2007) 2' x 12' x 30` $40,000 Spud Barge 40' x 100' $250,000 Spud Barge 45' x 120' $400,000 ABS Load Line Barge 45' x 155' $600,000 Page 1 of 2 SHORELINE F€JUNDATION, Inc, OWNED EQUIPMENT PUMPS Make Serial # Value Olin Grout Pump 595028 $48,000 Olin Grout Pump 595019 $48,000 Olin Grout Pump 510001 $25,000 Olin Grout Pump 510003 $30,000 Stillwell Grout Pump 314 $50,000 Stillwell Grout Pump 315 $50000 Jet Pump 3827 $10,000 8" Dewatering Pump 365886 $14,000 12" Dewatering Pump 237854 $40,000 12" Dewatering Pump 237855 $40,000 Hammers / Drills / Power Units Make Model Serial # Value Ice Vibro Hammer w/PU 216 182110/482147 $50,000 APE Vibro Hammer w/350 PU 150T 2001065T/20001080 $80,000 APE Vibro Hammer w/265 PU 150T 990949/2001267 $150,000 APE Vibro Hammerw/265 PU 150T 11235111271 $80,000 Ape Vibro Hammer 150T 30835 $50,000 Ape Diesel Hammer D19 977114 $50,000 Ape Diesel Hammer D19 404264 $40,000 Ape Diesel Hammer D19 404265 $40,000 APE Power Unit 325 951029 $66,000 APE Power Unit 325 930674 $50,000 APE Power Unit 325 951231P $75,000 APE Power Unit 325 960722 $77,450 APE Auger Drill Motor 50 970622R $50,000 APE Auger Drill Motor 75 20001112 $50,000 APE Auger Drill Motor 75 20001214 $50,000 Page 2 of 2 Charles M. Diveto Ill, PE, GC 525 North Ocean Blvd -#1418, Pompano Beach, FL 33062 Telephone: (305) 345-0742 *Email: cmclivetocomcast.net CONSTRUCTION PROJECT MANAGER Goal driven, results orientated construction manager with more than nine years field experience possessing excellent detail -orientated planning, management & financial responsibility. Open minded leader recognized for creative thinking, strong organizational skills and effective problem solving. Outstanding relationship building skills with subcontractors, clients and team members. Professional Strengths: • Contract Negotiations • Multi -tasking • Proactive Management • Detail Orientated Key Achievements: • Team Player • Project Closeout • Construction Scheduling • Structural Inspector • Professional Civil Engineer (PE) • Certified General Contractor (GC) • Pay Application Review • Construction Estirnator • Project Manager of the Trump International Hotel and Tower, a 24-story, $120M five-star condo -hotel Review and coordinate all design plan scopes including Architectural, Structural, Mechanical, Plumbing. Electrical, Irrigation, and Landscaping with ongoing field conditions a Project Manager of public and private marine projects for US Army Corps of Engineers, Palm Beach County, Miami Dade County, Sarasota County, City of Sunny Isles Beach, and Moss & Associates Project Engineer for Broward County Convention Center Access Ramp project reviewing all submittals, pay applications, and liaison to Port Everglades • Civil Engineering design including water, sewer, paving and drainage for multiple projects including Riviera isles by MINTO in Miramar, Florida Professional Experience: SENIOR PROJECT MANAGER 2010 - 20 2 Shoreline Foundation, Inc. — 2781 SW 56 Avenue, Pembroke Park, FL 33023 • Project Manager of public and private marine projects for US Army Corps of Engineers, Palm Beach County, Miami Dade County, Sarasota County, City of Sunny Isles Beach, and Moss & Associates • Hands on responsibilities include managing subcontractors contracts, schedules and financial activities from change orders to pay applications, implementing material delivery schedules, coordinating field activities with superintendents, and acting liaison with Owner representative o Review and coordinate all design plan scopes including Civil, Architectural, Structural, Plumbing. Electrical, Irrigation, and Landscaping with ongoing field conditions CONSTRUCTION PROJECT MANAGER Stiles Corporation - 300 SE 2" Street, Fort Lauderdale, FL 33301 • • Project Manager of the Trump International Hotel and Tower, a 24-story, $120M five-star condo -hotel resort on Fort Lauderdale Beach, Florida • Hands on responsibilities include managing subcontractors contracts, schedules and financial activities from change orders to pay applications, implementing material delivery schedules coordinating field activities with superintendents, and acting liaison with Owner representative • Review and coordinate all design plan scopes including Architectural, Structural, Mechanical, Plumbing, Electrical, Irrigation, and Landscaping with ongoing field conditions • Project completed ahead of schedule, with a savings of $500,000 on the preliminary project budget 2006 - 2009 STRUCTURAL INSPECTOR / CIVIL ENGINEER 2003 - 2006 DeRose Design Consultants - 470 South Andrews Avenue, Ste 206, Pompano Beach, FL 33069 • AutoCAD designer and structural field inspector for commercial and residential projects in Broward and Palm Beach Counties • Reviewed civil and structural shopdrawings for residential and commercial projects, including but not limited to: rebel', post -tension cables, sewer and drainage structures, water materials and concrete mixes 6 Project Engineer for Broward County Convention Center Access Ramp project reviewing all submittals, pay applications, and liaison to Port Everglades • Authored `2005 Conditional Assessment Report for Facilities within Port Everglades' Charles M. Diveto 111, PE, GC Page 2 of 2 CIVIL ENGINEER Winningham and Fradley, Inc -1'11 Northeast 44th Street. Oakland Park, FL 33334 • Microstation drafting for commercial and residential projects in Broward and PalmBeach Counties • Civil Engineering design including water, sewer, paving and drainage for projects including Hawk's Landing in Plantation, Florida; Bank of America, Rick Case Honda, the intersection of Dykes Road and Miramar Parkway, Honey Hill Road, and Riviera Isles by MINTO in Miramar, Florida Participated in Local Municipal Development Review Committee (DRC), Architect Advisory Committee (AAC), Planning and Zoning (P&Z) Meetings; and, participated in Broward County Commission Hearings • Conduct field inspections for Water & Sewer, including pipe connections and pressure tests, main flushing and bacteriological sampling, and sewer lamping &video; and, Paving & Drainage including subgrade, limerock, asphalt, lamping and asbuilt review, Calculate project cost estimates, prepare schematic site planning designs, and review civil shopdrawing submittals • Conducts permit acquisitions with the local municipal building departments, and required civil agencies Education: • Bachelor of Science in Civil Engineering, August 2000 • Florida international University, Miami; Florida • Graduated: Magna Cum Laude, GPA = 3.77 Licenses: • Certified General Contractor License 4CGC15171:46, April 2009, State of Florida • Professional Engineering License #63942, October 2005, State of Honda Real Estate Sales License #SL3072866, January 2004, State of Florida Computer Experience: • Proficient in the use of AutoCAD and Microsoft Office • Educated in Microstation, Primavera and ProLog Honors and Awards: • National Dean's List Publication - 2000 & 1999 • FILI Dean's List-2000 (spring, summer), 1999 (spring, summer, fall), 1998 (summer, fall) • Chi Epsilon, National Civil Engineering Honor Society — 2000 • Phi Kappa Phi Honor Society — 2000 • Tau Beta Pi, National Engineering Honor Society —1999 • Golden Key National Honors Society- 1998 2000 - 2003 Page 1 of 2 Jhorethm t nmdartotibitt Contract Description Owner/Owner's Representative .Architect/Engineer Contract :Atriou nt Scheduled Completion Date N-23 Pedestrian Bridge SW 14tIt Street & SW 130th'Avenue Davie, 74I, Town of Davie 6591 Orange Road Davie, FL 33314 Deis Wenger, Tioch & Associates, Inc. 510 Shotgun Road, Ste #400 Sunrise, FL 33326 5237,953;33 Se 13 1' C-11 Pedestrian Bridge Orange Drive & SWO 106th Avenue Davie, FLDavie, "Town of Davie 6591 Orange Road FL 33314 13eis Wenger, Hoch & Associates, Inc. 510 Shotgun Road, Ste #400 Sunrise,FL 33326 S296,135.00 ]Dec-13 Demolition & Reconstruction of Historic Sunny Isig Pict sSunny Isles Beach, FL 18070 Collins Avenue Sunny Isles Beath,1,1, 33160 510 ShotgunRoad, Ste #400 Sunrise, l FL 3332,6 S3,777,866,00 Aug-13 Red Road (Soutlt side) SR 823/ NW 57th Avenue' from: W23rd Street to W 46th. Street Miami,FL MCM 6201 SW 70th Street 2nd Floor Miami, FL 33143 Jacobs Engineering Croup, Inc. 3750 NW 87th .Avenue Suite 750 Miami, FL 33178 81 179,320.40 Nov-14 Red Road (North Side) W 46th Street to W 53rd Street Miami, FL MCM 6201 SW 70th Street 2nd Floor Miami, I?1:, 33143 CT-1 Pe & Associates Consulting Engineers, Inc, 5411,579:61 Ma 15 y` Dania Beach Marina' PH II 110 North Beach Road Dania Beach, i7 , City of Dania Beach 100 West Dania Beach Blvd Dania Beach, l+L 33004 I hompason &Associates, :Inc. 3563 NW 53rd Street Ft, Lauderdale, 11 33309 $6,186,787.00 May-14 Page 2 of 2 VItenelina t nrirrlrilvultrc Contract Description Owner/Owner's Representative Architect/Eno ncer Contract Amount Scheduled Completion Date Bulkhead Rehab at Slip #3 Port of Palm 13cctch 1 Fast 11th Street Riviera Beach, FL 33404 Port of Palm Beach District One Last 11 th Street Suite 600 Riviera Beach, FL:33404 A ECOlvl 2090 Palm Bt.tch Lake Blvd.. Suite 600 West Palm Beach, .FL 33409 516,731;488.00 May-15 Craig Park Seawall North Spring Blvd Tarpon Springs, FL City of Tarpon Springs 324 East Pine Strccr Tarpon Springs, FL 34688 Advanced Engineering & Design, Inc. 3931 68th Avenue North Pinellas Park, FL 33781 $329,122,29 Nov-13 Water Control Structure 101 0 Cf `I'amiarni 2 aul & r N. Port Blvd North Port, Ill _ City of North Port 4970 City I tall Boulevard Suite 302 North Port, FL 34.286 Al �1 L'ngineCcing & Surveying, Inc. 5300 Lee Boulevard Lehigh Acres, FL 33971 $1164,921.00 , an-14` Harborwaod Dock Repair 533 Leslie Drive xallandale, FL 33009 I Iarborwood FIOA 533 Leslie Drive. Hallandale, FL 33009 P. Classic 380 NW 67th Street Chit 107 Boca Raton, FL 33487 l$304,750.00 Jan Pier 66 801 Seabrccze Ave Fr. Lauderdale, FL EGO Building Solutions, Inca P.O� Box 811827 Boca Raton, FL 33481 Coastal Systems International, Inc, 464 South Dixie Highway Coral Gables, FL 33146 $2 599,000.00 Dec-13 Griffis Landing;PH T Shoreline Improvements 580 W..Merritt Island Causeway Merritt Island, FT: Brevard County I3OCC 2725 Judge Jamieson Way BuildingA, Second Floor Vierat FL 32940 liussen-lvtayar Engineering Group, Inc. 100 Parnell Street IVlerritt Island, EL 32953 $564,540.00 Dec-13 Miami Beach Marina - Pier L P11 I 300 Alton Road Miami Beach, FL 33139 RCI Maxine, Inc. 300 Alton Road Suite 303 Miatni Beach, FL 331.39 Olin I Iydtol raphics Solutions, Inc. 2900.Calusa Street L aconuc Grave, FL 33133 S154,400,00' Dec-13 July 12, 2013 PAST AND TECHNICAL RELEVANT BUILDING EXPERIENCE Project: Historic Sunny Isles Beach/ New Port Pier Location: Sunny Isles Beach, FL Owners Representative: Gio Batista CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Miami, FL 33160 (305) 792-1711 Fax: (305) 792-1614 ghatistc sibFLnet Construction Dates: START: 1 /2011 FINISH: Estimated 06/2013 Construction cost: $3,777,866.00 Change Orders: None Project Status: Completed SFI Project Manager: jawaid Karamat SFI Project Superinteudant: Fred Maxwell Relevance/Scope of Work: Demolition/Removal of the 600' old Newport fishing pier and restaurant. New pier construction consisted of the installation of 24" x 24" x 120' long (+/-) concrete pile, poured -in -place concrete pile caps and pre -fabricated/ pre -stressed double T concrete deck slabs. Pier to receive PVC coated aluminum handrail with ADA fishing locations, navigational lights, fire alarm horn/strobes lights and salt water distribution system. Restaurant construction included; CMU block construction with hurricane windows, bait hop, bathrooms and restaurant kitchen. Separate mechanical and electrical rooms, access ramps and beach restoration. Shoreline FoundalIon Inc. Nen Fishing Pie & Reslcuranf Buis,tng Pn-d„3 5 4 oasa; o524,11 Lt,u, Z 9q$3 ? ..� z.«, 2781 S.W. 561q Avenue . Pembroke Park, Florida 33023 Phnnn• tacit) oRu,-fldRfl _ Eav• MR/1.1 ORci-fAR'7 _ ,ar,ena, chnrolinofr iinrta'inn nnm July 12, 2013 Project: Building 1000 Quay Wall and Barge Basin Location: Philadelphia Navy Yard Philadelphia, PA Owners Representative: Elizabeth Staab United States of America - NAVFAC 4921 South Broad Street Philadelphia, PA 19112-1387 (215) 897-2613 Fax: (210) 897-6932 Elizabcth.staab@navv.rnil Construction Dates: START: 3/7/2011 FINISH: Estimated 3/15/13 Construction cost: $3,746,167.61 Change Orders: $1,494,759.27 (Totaling $5,070,292.27) Project Status: Completed SFI Project Manager: Chris Gonzalez SFI Project Superintendant: Fred Maxwell Relevance/Scope of Work: Demolition and re -construction of new Quay wall and Barge Basin Rehabilitation, including installation of steel sheet pile, topped with cast - in -place concrete cap and closure cell structure. The existing drain outfalls were modified to be incorporated into the new seawall. The Quaywall was finished with crushed concrete armor stone sloped into the water body. The Barge basin required demolition of the existing structure, and reconstruction of new barge basin around the existing foundation pads for the overhead crane. Barge basin was reconstructed with pre -cast, steel batter H-piles, and steel sheet pile. The pile was topped with cast -in -place concrete caps, precast slabs, and concrete topping. The basin was finished with precast fender piles with UHNIW bumpers and metal cleats. 2781 S.W. 56`4 Avenue . Pembroke Park, Florida 33023 Phnno• (QRA.1 QRc_fLR(1 _ G.nv• (OcAl ORC-(1,R? _ %Anxner chnrcdinofniinrt�linn rnm Project: NSU Seawall Location: NSU 3301 College Avenue Fort Lauderdale, FL 33314 Owners Representative: Cody Miller MOSS/ MILLER, LLC 6I4South Federal Highway Suite 300 Fort Lauderdale, FL 33301 (954) 524-5678 Fax: (954) 524-5677 crniIler(n?millercons trtuctio n.com Construction Dates: START: 10/18/2011 FINISH; 1/9/2013 Construction cost: $4,117,404.00 Change Orders: $751,354.03 (Totaling $3,366,049.97) Project Status: Completed SFI Project Manager: Charles Divcto SFI Project Superintendant: Fred _Maxwell Relevance/Scope of Work: Project designed by Derosc Engineering, this project included demolition, excavation and legal disposal of existing concrete seawall and bulkhead. Relocation of existing rip rap boulders. Installation of pre -cast concrete pile bulkhead with cast -in -place bulkhead cap. Alutninum floating dock marina. Pre -cast/ cast -in -place concrete wharf structure. SF July 12, 2013 NSO ScalljII NhadairJ Slarim SE NSU SC3: JUI V511,11 Nbeira 2781 S.W. 56`° Avenue . Pembroke Park, Florida 33023 Phnno• (QFd1 ORF-nAfl F,v, (OFA\ QRF-(14R') _ unanei chnrolinnfn,urdfinn r,nm Shoreline Foundation Inc Project: Crandon Marina — Charter Boat Dock Location: 4000 Crandon Blvd. Miami, FL 33149 Owners Representative: Byron Dowell MIAMI-DADS COUNTY - PAIU<S AND RECREATION DEPART\II NT 275 NW 2nd Street Miami, FL 33128 (305) 755-7931 Fax: (305) 755-7995 b(towel 1@mianridadc.Qov Construction Dates: START: 7/2011 FINISH: Estimated 12/7/2012 Construction cost: $2,104,295.15 Change Orders: $487,151.00 (Totaling $2,591,446.15) Project Status: Completed SFI Project Manager: Mark Osborn SFI Project Superintendant: Fred Marvell Relevance/Scope of Work: Installation of 550 L/F of steel sheet pile with pored -in -place concrete cap. Installation of wood mooring and bumper piles delineating a 10 slip charter boat dockage area. Construction of a 10 tenant space CMU block structure with a steel framed roof painted, with water and electric utilities. July 12, 2013 C'rxr,I<i<,ls Park Marin:I C ']arts I3<,srt S..•Aw:rlt .'± N1orEvitr:ll "JAIs 1.1r-1 2781 S.W. 56`" Avenue . Pembroke Park, Florida 33023 Dhnna• /QFA1 Q51F-11AC,(1 _ Gov• /OR,AN QRF_r1AR7 . ++tw i chnralinaFrn ,rl ofinn r•nm July 12, 2013 Project: E.W.P. Canals 26, 28 &29 Bank Stabilization and Debris Removal Location: E.W.P. Canals 26, 28 and 29 Lauderhill, FL 33351 Owners Representative: Indar i 'faharaj (Project Manager) CITY OF LAUDERHILL 2102 NW 49th Avenue. I:.auderhill, FL 33313 (954) 730-4225 Fax: (954) 730-4227 inda rmaharaiilauderhill-fi.aov Construction Dates: START: 8/7/2012 FINISH: 11/15/2012 Construction cost: $2,910,778.73 Change Orders: $953,386.42 (Totaling $3,864,165.15) Project Status: Completed SFI Project Manager: Charles .Diveto SFI Project Superintendant: Darrin Miller Project Engineer: ADA Engineering, Inc. Relevance/Scope of Work: Demolition and reconstruction of 3,995 L/F of existing canal banks urili7ing sand cement bags (3,208 LF), rip rap boulders, bedding stone, filter fabric (245 LF), steel sheet piling with steel cap (1,469 LF), sod, fencing, irrigation and geotubc (540 LF). The sand cement bags were covered in shotcrete (Gunite). CANAL 28 POST CONSTRUCTION CANAL 29 POST CONSTRUCTION 2781 S.W. 56'" Avenue . Pembroke Park, Florida 33023 Phnnoo nv• /ORA1 QP. fl,.A') _ c hnroti nofnrrnrlotinn r•nm Fatrrr/pliltl Inc Project: Margate Design/Build Canal Bank Stabilization Location: Margate Blvd & NW 69th Terr Between NW 9th St & NW\/ 11th Ct And NW 2.15t St & NW 22nd St Margate, FL Owners Representative: Saran May (Public Works Director) CITY OF MARGATE 102 N. Rock Island Road Margate, Pl., 33063 (954) 925-8126 Fax: (954) 972-7586 srnav@margate.com Construction Dates: START: 9/27/2012 FINISH: 12/19/2012 Construction cost: $1,349,805.00 Change Orders: $68,421.11 (Totaling $1,418,226.11) Project Status: Completed SFI Project Manager: Mark Osburn SFI Project Superintendant: Sal Daher Project Engineer: ADA Engineering, Inc. Relevance/Scope of Work: Stabilization of 2,745 L/F of canal banks through the installation of filter fabric, 7,500 (+/-) tons of bedding stone, 1,800 (+/-) tons of rip rap boulders, irrigation repair, grading and sod. July 12, 2013 2781 S.W. 56i0 Avenue , Pembroke Park, Florida 33023 Phnno. (QFd1 QRF-f1AC,n _ P v• (OFA1 ORF-f14R7 _ tA1AW chnrclin�fnunrltinn rnm Shoreline Foundation Inc. Project: Hallandale Beach Marina Location: 101 Three Islands Blvd. Hallandale Beach, FL 33009 Owners Representative: Richard Labinsky CITY OF Hi DALE BEACH 630. NW 2mIStreet Hallandale Beach, FL 33009 (954) 457-3042 Fax: (954) 457-1624 rlibinsk-v@hallandalebeachtl.aov Construction Dates: START: 12/10/10 FINISH: 9/26/12 Construction cost: $739,520.54 Change Orders: None Project Status: Completed SFI Project Manager: Charles Divcto/Carlos Varela SFI Project Superintendant: jeorge Rodriguez Relevance/Scope of 'Work: Design -Build project designed by SFI, consisting of a new 30 slip dock marina. Scope of work Include concrete piles, aluminum docks and grating, and wood morning piles with electrical, plumbing and fire supporting scopes. Also repairs to seawall around basin including utilities. Zlicielino Foundation Inc. July 12, 2013 VASItcil!.1 80jrif Citr 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 Phrsna. apc,nAwi Pnv• tacAN ORA_CiAR9 tAltAIIM chnrcliinnfnimrifinn onrn July 12, 2013 Project: Beach Nourishment Location: Boca Raton, Florida Owners Representative: Great Lakes Dredge (Si. Dock Company 2122 York Road Oak Brook, TT, 60523 Mr. Steven R. Auernhamer Ph: 630-574-3000 Email: sraue.rnliarner( gdd.co:n Period of Performance: lvlay 2004 thin December 2004 Construction cost: $1,271,465.00 Project Status: Completed SFI Project Manager: Mark Osburn SFI Project Superintendant: Fred I\'Iaxwell Relevance/Scope of Work: As designed by the Project and requested by the Prime Contractor we subcontracted to perform the required the installation of 6,000 tons of soldier / bedding stone rock jetty. Our crews performed the Work as required by the Owner and the Engineer and completed the entirety of the Work ahead of schedule with No recorded injuries to the public or our manpower. 2781 S.W. 56th Avenue . Pembroke Park, Florida 33023 L>QRL.-114F.fl Gov• QRF-f1da9 _ iA11MIA c}hnrolinnfnunrinfinn rnm Sliaraline Fi ttxdaiiintt 1104 Project: Boca Raton Inlet Location: Boca Raton Inlet Boca Raton, Florida Owners Representative: CITY OF BOCA RATON 201 W. palmetto Park Road Boa Raton, FL 33432 (561) 393-770© Email: C 1,11,,r'a. Construction cost: $890,000.00 Period of Performance: February 2004 —June 2004 SFI Project Manager: Carlos Varela SFI Project Superintendant: Fred Maxwell Relevance/Scope of Work: The Project and required the excavation, grading, and installation of marine Mattresses. Additionally, there were 3,500 tons of limerock boulder groin placed. Our crews performed the Work as required by the Owner ancl the Engineer and completed the entirety of the Work ahead of schedule with No recorded injuries to the public or our manpower. July 12, 2013 2781 S.W. 56'n Avenue * Pembroke Park, Florida 33023 Rhnnra• (Q;A1 QSit _(1t4L,fl . Fv• (QcA1 QRc_f1Ak7 _ unnnhr ehnrFiir fn„nrtiinn nnm July 12, 2013 Project: Chula Vista Canal System Improvements Location: Ft. Lauderdale, FL Owners Representative: BRO WARD COUNTY BOCC 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 Construction cost: $2,915,331.11 Period of Perforrnance: 9 month duration finished on 12/27/99 SFI Project Manager: John McGee SFI Project Superintendent: Fred Maxwell Relevance/Scope of Work: The Project required removal of overgrown vegetation and trees along with debris. Dredging of entire canal system with installation of approximately 3,000 L/F of a sheet pile concrete seawall cap on each side of the canal bank along with bridge repair. SFI also needed to make specialized equipment to fit the narrow canal bank in order to perform the work. 2781 S.W. 56m Avenue . Pembroke Park, Florida 33023 Phnnc• (QFd1 QRF_( ARf1 _ Fvv• (QC211 QRS_11dn9 1AnAn Ai chnrol inafnimriafinn nnm THIS Contract No. , made this day of in the year 2013 in the amount of $ by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and hereinafter called the "Contractor", IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST .,a XXXXXX corporation Signature Signature Print Name, Title Print Name, Title of Authorized Officer or Official ATTEST: (Corporate Seal) CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: City of Miami, a municipal corporation of the State of Florida Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Calvin Ellis, Director City Attorney Risk Management Department ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 103 CORPORATE RESOLUTION WHEREAS, , Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) , is hereby authorized (type name of officer) and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary (Corporate Seal) ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 104 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No: 12-13-047 awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 105 FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. 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 Tess the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 106 FORM OF PAYMENT BOND (Page 1of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No. 12-13-047, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255,05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. IIB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 107 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 ATTEST: (Secretary) (Corporate Seal) IN THE PRESENCE OF: By: By: Contractor (Name of Corporation) (Signature) (Print Name and Title) day of , 20 INSURANCE COMPANY: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: IIB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement 108 CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by I'IB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Beneficiary: City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Date of Issue Issuing Bank's No. Applicant: Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (Expiration date) ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Proposer is submitting as a joint venture, please be advised that this faun (2 pages) MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement (c) Supervision of field operations: NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the County in writing. AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include allmaterial information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the County current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venturer relevant to the joint venture, by authorized representatives of the County. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Firm: Name of Firm: Signature: Signature: Name: Name: Title: Title: Date: Date: Attachment A ITB No. 12-13-047 Miami Marine Stadium Marina Bulkhead Replacement CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Johnny Martinez., P.E. City Manager FRAM: Mark Spaniali, P.E. Director Capital Improvements Program DATE: August 20, 2013 FILE: SUBJECT: Recommendation of Award Miami Marine Stadium Marina Bulkhead Replacement, B-30689 REFERENCES: ITB 12-13-047 ENCLOSURES: Bid Security List Recommendation Based on the findings below, Capital Improvements Program hereby recommends the Project be awarded to Shoreline Foundation, Inc., ("Shoreline") the second lowest bidder, who has been determined to be responsive and responsible for ITB 12-13-047 for Miami Marine Stadium Marina Bulkhead Replacement ("the Project"y, Background Capital Improvements Program ("CIP") received four (4) bids on July 15, 2013, in response to the solicitation for the Project, which is reflected on the attached Bid Security List. The Minimum Requirements state the following: "Prospective Bidders must hold a current active certified license as a General Contractor or Building Contractor from the State of Florida under Its current business name (by which it is authorized to transact business in Florida) and must have a minimum of ten (10) years experience under its current business name, in the construction of similar projects including four (4) separate project references as the Prime Contractor for Completed Projects of similar size, scope, and complexity, within the past ten (10) years. In addition, the four (4) completed project references must be for marine construction which includes at least 500 L,F. of seawall and 500 C.Y. of dredging material, where the Bidder has self -performed at least 20% of the work. Failure to meet this requirement will result in the bid submittal being deemed non -responsive. Contractor must self -perform no less than twenty percent (20%) of the physical construction work for this Project", Findings As reflected on the attached Bid Security List, Edgewater Construction Group, Inc., ("Edgewater") is the lowest bidder for ITB 12-13-047. CIP staff performed their due diligence review and determined Edgewater's bid does not meet the minimum requirements. Their bid references did not include any marine construction work, nor did they list projects, past or current, which showed experience with marinas, seawalls or dredging. In conclusion, Edgewater is unable to demonstrate the requisite working knowledge for projects of a similar scope or complexity. Shoreline, the second lowest bidder, meets the bid's minimum requirements and they are a responsive and responsible bidder for ITI3 12-13-047. Shoreline has been in business twenty-seven years, working primarily in marine construction throughout the state of Florida and are thoroughly experienced in the field. Shoreline submitted references far completed projects including marinas, dredging and seawall work, all of which are a part of the scope for this project. Shorelines bid price is also considerably lower than the construction estimate. Additionally, Shoreline is in compliance with Chapter 18, Article 111 of the City of Miami Code, Section 18- 89 entitled "Contracts for Public Works and Improvements", which establishes both Local Workforce Participation and Community Small Business Enterprise ("CSBE") requirements for competitively procured contracts in excess of $100,000. The local preference ordinance is not applicable since none of the other Bidders' maintains a "local" office, as defined in Section 18-73 of the City of Miami Code, as amended, within fifteen percent (15%) of Shoreline's bid price. Accordingly, CIP hereby requests approval of the recommendation of award to Shoreline, the lowest responsive and responsible bidder, with a base bid amount of $1,114,551.00; an additional $100,000 allowance for permitting fees for a total hid amount of $1,214,551,00, plus a 10% contingency of $1211,455.10, for a total not to exceed award value of $1,335,006,10. Upon approval of this recommendation, CIP will prepare the necessary legislation to have this award brought before the City Commission, Approved by: -1c0r Johnny Martin City Manager MS/cw Date: 1 mcei Bravo, P.E., Assistant City Manager/Chief of Infrastructure Mark Spanioli, P.E., Director, CIP Jeovanny Rodriguez, P.E., Assistant Director, CIP Sandra Vega, Project Manager, CIP Stephen Bogner, Marinas Manager 2 CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST BID ITEM: Miami Marine Stadium Bulkhead Replacement BID NUMBER: ITB No, 12-13-047 DATE BID OPENED: Monday, July 15, 2013 TIME: 2:00pm BIDDER BID TOTAL BID BOND (ER) AMOUNT CASHIER'S CHECK Edgewater Construction Group, Inc. $1,159,974.00 5% of Bid Amount Shoreline Foundation, Inc. $ ,214,551.00 5% of Bid Amount Metro Equipment Service, Inc. $1,268,847.45 5% of Bid Amount KEARNS Construction Co. $1,518,052.00 5% of Bid Amount BiOitors an", tla'a !it l tiv:ez.'!-_7- yeladszs Med ',:,--!. th., heleKn cue the only ' 4 z.. ,,,,; eihn Off4M 6,413MIREA1 ka, rea-MMSF :,--,....,..- to - IQ; ,-. L'21/All thiG SolicitatIond iipy t _.------.... Person Receiving Bid(s) on 1 115A\3 Today's Date receed (4) b.bid()on behalf Capital Improvement Program City Department PREPARED BY: Deputy City Clerk