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INVITATION TO BID ("ITB") NO.: 11-12-053 CORAL WAY COMMUNITY CENTER CIP PROJECT B-30365E Due Date: Friday, March 29, 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 8 1. Intention of City 8 2. Scope of Work 8 3. Location of Proiect(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. Intentionally Omitted 12 17. Intentionally Omitted 13 18. Intentionally Omitted 13 19. Cone of Silence 13 20. Public Entity Crime 14 21. Fraud and Misrepresentation 14 22. Intentionally Omitted 14 23. Collusion 14 24. Contractor in Arrears of Default 14 25. Cancellation of Solicitation 15 Section 2 - General Terms and Conditions 16 1. Definitions 16 2. Time is of the Essence 18 3. Contract Term 19 4. Notices 19 5. Priority of Provisions 20 6. Indemnification 20 7. Insurance 21 8. Performance and Payment Bond 24 9. Qualification of Surety 24 10. General Requirements 25 11. Method of Performing the Work 26 12. Work Staging and Phasing 27 13. Site Investigation and Representation 27 14. Contractor to Check Plans, Specifications and Data 28 15. Contractor's Responsibility for Damages and Accidents 28 16. Accidents 28 17. Safety Precautions 28 18. Occupational Health and Safety 29 19. Labor and Materials 30 20. Rules, Regulations, and Licenses 30 21. Consultant Services 30 22. Protect Management 31 23. Superintendence and Supervision 31 24. Subcontractors 32 25. ` Authority of the Project Manager 32 26. Inspection of Work 33 27. Taxes 34 28. Separate Contracts 34 29. Lands of Work 34 2 Coral Way Community Center Bid No.: 11-12-053 B-30365E 30. Differing Site Conditions 35 31. Coordination of Work 35 32. Existing Utilities 35 33. Contractor's Responsibility for Utility Properties and Service 36 34. Interfering Structures 36 35. Field Relocation 37 36. Contractor's Use of Project Site(s1 37 37. Material and Equipment Shipment, Handling, Storage and Protection 37 38. Warranty of Materials and Equipment 39 39. Manufacturer's Instructions 39 40. Manufacturer's Warranty 40 41. Reference Standards 40 42. Submittals 40 43. Shop Drawings 41 44. Product Data 43 45. Samples 43 46. Record Set 43 47. Supplemental Drawings and Instructions 44 48. Contractor Furnished Drawings 44 49. Substitutions 44 50. City Furnished Drawings 45 51. Interpretation of Drawings and Documents 45 52. Product and Material Testing 46 53. Field Directives 46 54. Changes in the Work or Contract Documents 46 55. Continuing the Work 47 56. Change Orders 47 57. Change Order Procedure 47 58. No Oral Changes 48 59. Value of Change Order Work 48 60. Extra Work Directive 51 61. As -Built Drawings 52 62. Worker's Identification 53 63. Removal of Unsatisfactory Personnel 53 64. Substantial Completion, Punch List, & Final Completion 53 65. Acceptance and Final Payment 54 66. NDPES Requirements 55 67. Force Majeure 55 68. Extension of Time 55 69. Notification of Claim 56 70. Extension of Time not Cumulative 57 71. Contractor's Damages for Delay 57 72. Excusable Delay, Non-Compensable 57 73. Lines and Grades 58 74. Defective Work 58 75. Acceptance of Defective or Non -Conforming Work 58 76. Uncovering Finished Work 58 77. Correction of Work 59 78. Maintenance of Traffic and Public Streets 59 79. Location and Damage to Existing Facilities, Equipment or Utilities 61 80. Stop Work Order 61 81. Hurricane Preparedness 62 82. Use of Completed Portions 62 83. Cleaning Up; Citv's Right to Clean Up 63 84. Removal of Equipment 63 85. Set -offs, Withholdings, and Deductions 63 86. Event of Default 63 87. Notice of Default -Opportunity to Cure 64 88. Termination for Default 64 3 Coral Way Community Center Bid No.: 11-12-053 B-30365E 89. Remedies in the Event of Termination for Default 65 90. Termination for Convenience 65 91. Resolution of Disputes 66 92. Mediation -Waiver of Jury Trial 67 93. City May Avail Itself of. All Remedies 67 94. Permits, Licenses and Impact Fees 68 95. Compliance with Applicable Laws 68 96. Independent Contractor 68 97. Third Party Beneficiaries 69 98. Successors and Assigns 69 99. Materiality and Waiver of Breach 69 100. Severability 69 101. Applicable Law and Venue of Litigation 70 102. Amendments 70 103. Entire Agreement 70 104. Nondiscrimination, Equal Employment Opportunity, Affirmative Action, and Americans with Disabilities Act 70 105. Evaluation 71 106. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida 72 107. Royalties and Patents 72 108. Continuation of the Work 72 109. Review of Records 72 110. No Interest 72 111. Payments Related to Guaranteed Obligations 72 112. Consent of City Required for Subletting or Assignment 73 113. Agreement Limiting Time in Which to Bring Action Against the City 73 114. Defense of Claims 73 115. Contingency Clause 73 116. Mutual Obligations 73 117. Contract Extension 74 118. Non -Exclusivity 74 119. Nature of the Agreement 74 120. Contract Documents Contains all Terms 74 121. Applicable Law and Venue of Litigation 74 122. H2B Visa Report 74 Section 3 - Supplemental Terms and Conditions 76 1. Contract Time & Hours 76 2. LEED Certification (Not Applicable) 76 3. Progress Payments 76 4. Liquidated Damages 77 5. Schedule of Values 77 6. Project Schedules 78 7. Release of Liens/Subcontractor's Statement of Satisfaction 79 8. Progress Meetings 79 9. Request for Information 80 10. Project Site Facilities 80 11. Temporary Facilities, Utilities, and Construction 80 12. Security 81 13. Construction Signage 81 14. Construction Photographs 82 15. Goods Produced in the United States 82 16. Contractor Purchased Equipment for State or Local Ownership 82 17. Equipment Rental Rates 82 18. Prohibition Against Convict Produced Materials 83 19. Wage Rates for Federal -Aid Projects 83 20. Report Jobs - Compliance with American Recovery and Reinvestment Act of 2009 83 21. Intentionally Omitted 83 22. Publicly -Owned Equipment 83 4 Coral Way Community Center Bid No.: 11-12-053 B-30365E 23. Public Agencies in Competition with the Private Sector............ ................................ . ...... 83 24. FDOT Specifications 83 25. Withholding Payment for Failure to Comply with American Recovery and Reinvestment Act of 2009 84 26. Compliance with American Recovery and Reinvestment Act of 2009 and Authority of the Comptroller and Inspector General 84 Section 4 - BID FORMS 85 CERTIFICATE OF AUTHORITY 95 Section 5- Attachments 97 BID BOND FORMS 97 SUPPLEMENT TO BID FORM: 100 QUESTIONNAIRE 100 Executive Order 11246 - Equal Employment Opportunity 114 Federal Wage Rates; FL 325 Error! Bookmark not defined. EXHIBIT A 129 SECTION 3 REQUIREMENTS 129 EXHIBIT B 131 Contract Provisions 131 EXHIBIT C 138 FORMS REQUIRED PRIOR TO AWARD 138 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). 142 Section 6- Contract Execution Form 145 CORPORATE RESOLUTION 146 FORM OF PERFORMANCE BOND (Page 1of 2) 147 FORM OF PAYMENT BOND (Page 1of 2) 149 CERTIFICATE AS TO CORPORATE PRINCIPAL 151 PERFORMANCE AND PAYMENT GUARANTY FORM 152 UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) 152 5 Coral Way Community Center Bid No.: 11-12-053 B-30365E INVITATION TO BID NO. 11-11-053 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: Coral Way Community Center Bids Due: Friday, March 29, 2013 @ 2:00 P.M. CDBG PROJECT: THIS PROJECT IS FUNDED THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG) AND, AS SUCH, IS SUBJECT TO THE CRITERIA AND CONDITIONS ASSOCIATED THEREWITH. Scope of Work: The Work consists of furnishing all materials, labor and equipment necessary to remodel the existing building into a Community Center that will include multipurpose spaces, a computer lab, offices, a break room, restrooms and support spaces. Among other things, the work will include new electrical, plumbing and mechanical systems, as well as site modifications, re -grading, re -paving and drainage enhancement of the parking area. In addition, this Project includes the following alternate -additives: (i) demolition of an existing residential building on the site; and (ii) construction of a new playground on the site. CIP has scheduled a Mandatory pre -bid conference which will be held at the following date, time and location: Location: Miami Riverside Center 444 SW 2nd Avenue Miami, Florida 10th Floor Main Conference Room Date/Time: Thursday, March 14, 2013 @ 10:00 am Site Visit Immediately After Pre -Bid Conference Location: At the Project Site 1300 and 1320 SW 12 Ave. Miami, Florida Minimum Requirements: Prospective Bidders must have, as of the Bids Due date, a current certified General Contractor license issued by the State of Florida str a current certified Building Contractor license issued by the State of Florida and must have a minimum of five (5) years experience under its current business name in the construction/renovation of commercial/retail building projects, supported by references for five (5) projects completed within the past five (5) years.. Submitted reference projects must demonstrate that the Bidder was the Prime Contractor for the project. 6 Coral Way Community Center Bid No.: 11-12-053 B-30365E The Bid can only be obtained by visiting the Capital Improvements Program's website; http://www. miamigov.com/CapitalI mprovements/pages/ProcurementOpportunities/Default.asp It is the sole responsibility of all Bidders to ensure the receipt of any addendum and it is recommended that firms periodically check the CIP webpage for updates and the issuance of addenda at: http://www.miamigov.com/Capitallmprovements/pages/ProcurementOpportunities/Default.asp All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in duplicate originals in the envelopes provided. At the time, date, and place above, bids will be publicly opened. Any bids received after time and date specified will not be considered. The responsibility for submitting a Bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/Bidder. The City is not responsible for any delays, late or mis-delivered Bids, no matter what the cause. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271, CITY OF MIAMI CODE SECTION §18-74. 7 Coral Way Community Center Bid No.: 11-12-053 B-30365E Section 1 - Instructions for Submission 1. Intention of City It is the intention of City to describe in this Invitation to Bid ("ITB") the Project(s) to be completed in accordance with all codes and regulations governing all the Work to be performed under this Contract(s). Any work, labor, materials and/or equipment that may reasonably be inferred from the Contract as being required to produce the intended results shall be supplied by Contractor whether or not specifically called for in the Contract Documents. Where words have 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 and equipment necessary to remodel the existing building into a Community Center that will include multipurpose spaces, a computer lab, offices, a break room, restrooms and support spaces. Among other things, the work will include new electrical, plumbing and mechanical systems, as well as site modifications, re -grading, re -paving and drainage enhancement of the parking area. In addition, this Project includes the following alternate -additives: (i) demolition of an existing residential building on the site; and (it) construction of a new playground on the site. Location of Proiect(s) 1300 SW 12 Ave. (Community Center) and 1320 SW 12 Ave. (Playground) Miami Florida 4. Questionnaire Required As part of the Bid, the Bidder must include the form entitled "Questionnaire". Failure to complete and submit this form may result in the Bid being deemed non -responsive. 5. Examination of Contract Documents and Site It is the responsibility of each Bidder, before submitting a response to this ITB to: o 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. • 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. 8 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. Addendum 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 Anthony Rolle, arolleAmiamigov.com. Interpretations or clarifications considered necessary by CIP in response to such questions will be issued by the City by means of Addendum posted on the CIP webpage. Written questions should be received no less than ten (10) calendar days prior to the date Bids are due. CIP may not respond 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 Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, Fla. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID NO.: 11-12-053 BIDS FOR: Coral Way Community Center - B-30365E Bidders must submit two originals. Failure to submit two originals may result in the reject of the Bid as non -responsive. NOTE: This Bid requires the submission of City Form SU, which is available on the CIP webpage, identified in the ITB. Failure to submit City Form SU with the Bid may result in the Bid being rejected 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, Bid Bond Voucher (for projects less than $200,000) issued to City of Miami's Purchasing Department, treasurer's check or bank draft of any national or state bank (United States), in the amount of five percent 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, provide the required Performance and Payment Bonds or the required insurance coverages. 9 Coral Way Community Center Bid No.: 11-12-053 B-30365E 9. Preparation of Bid 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 Bid is non -responsive A Bid will be considered non -responsive if it 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, equipment, overhead expense and profit, 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, available in section 5, Attachments) 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 timely 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. Mandatory Pre -Bid Conference and Site Visit A Mandatory Pre -Bid conference will be held on March 14, 2013 at 10:00 am at the Miami Riverside Center, 444 SW 2"d Avenue, Miami, Florida, 10th Floor Main - Conference Room to discuss this solicitation. It is recommended that at least one representative of each firm attend in order to become familiar with the solicitation and field conditions. Attendees are requested to bring this Solicitation Package to the conference. Contractors who fail to attend the Mandatory Pre -Bid Conference will be prohibited from bidding on this Project. The Project Site Visit will occur immediately following the Pre -Bid Conference. 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 Resection 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. 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 the Capital Improvements Program prior to award of the Contract by the City Commission. Once makes the award, the Bid cannot be withdrawn under this Article. 10 Coral Way Community Center Bid No.: 11-12-053 B-30365E 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The 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 by the Contractor and past performance on City projects. City Code Section 18-85, as amended, states that "when a responsive, responsible non - local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible 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 City of Miami Occupation License for the business at the address of the private residence. As this is a Federally -funded project, with Community Development Block Grant ("CDBG") funding, additional forms listed in Exhibit C will be required prior to award. Contractor shall provide certified payroll records documenting the work performed on this Project. Where the solicitation contains multiple line items for separate areas 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, in its sole discretion, may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with the terms of any other contracts with the City, past or current, or any other contracts with any other public entity or any other contract for construction services with any other public or private business entity in which the Bidder has been declared in default. 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 11 Coral Way Community Center Bid No.: 11-12-053 B-30365E receiver has been appointed over all or a substantial portion of the property of the Bidder, under federal bankruptcy law or any state insolvency, the Bidder may be declared non -responsive. Any Bidder who has filed a lawsuit against the City or where the City has filed a lawsuit or won a court judgment or administrative proceeding against a Bidder, such Bidder may be declared non -responsible. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest 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 18-103 and 18- 104 of the City's Code describing the protest procedures. Protests failing to meet the requirements of the City Code 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. Intentionally Omitted 12 Coral Way Community Center Bid No.: 11-12-053 B-30365E .17. Intentionally Omitted g& U b 18. Intentionally Omitted 19. Cone of Silence Pursuant to Section 18-74 of the City of Miami City Code and City of Miami Ordinance No. 12271, 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. 13 Coral Way Community Center Bid No.: 11-12-053 B-30365E Any communication concerning this ITB must be submitted in writing to CIP 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 the Office of the City Clerk at marcia(a�miamioov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City of Miami City Code or City of Miami Ordinance No. 12271 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. 20. Public Entity Crime Any person, individual, corporation, entity, or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Submittal on a contract with a public entity for the 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. 21. Fraud and Misrepresentation Any person, individual, corporation, entity, or affiliate that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement or omission of a material fact, may be debarred for up to five (5) years. 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. 22. Intentionally Omitted 23. Collusion Where two (2) or more related parties, as defined in this Article, 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. 24. Contractor in Arrears of Default The Contractor represents and warrants that the Contractor is not in arrears to the City and is not in default or breach as a Contractor 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 Contractor's 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. 14 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 to the City at the time and date Bids are due. 25. 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. 15 Coral Way Community Center Bid No.: 11-12-053 B-30365E Section 2 — General Terms and Conditions 1. Definitions Basis of Design means a specific manufacturer's 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. Commissioning means the employing total building commissioning practices tailored to the size and complexity of the building site, building and its system components in order to verify performance of all components and systems and help ensure that design requirements . are met. This includes .a designated commissioning authority a commissioning plan, verification of the installation and performance of systems to be commissioned, and a commissioning report. 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. 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. 16 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 this Bid 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. Equipment as defined in 49 CFR Section 18.3, includes but is not limited to "tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit." All other tangible personal property is considered to be "supply". Field Directive means a written approval for the Contractor to proceed with Work requested by the City and/or the Consultant, which is minor in nature and typically should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Contractor has completed all the Work in accordance with the Agreement as certified by the Consultant and/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. 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. Materials mean goods or equipment incorporated in a Project(s), or used or consumed in the performance of the Work. Notice of Award means the written letter to the Contractor notify the Contractor that they have been awarded the Contract. 17 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 and necessary 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. Specifications mean all of the definitions, instructions, descriptions, directions, requirements, provisions and standards (and all written supplements thereto) pertaining to the methods, (or manner) of performing and actual performance of the Work, or quantities and quality of accepted materials to be furnished under the Contract Documents. 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. 18 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Project 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 70, 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, Subcontractors, suppliers, 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(s) to ensure the timely completion of the Work. 3. Contract Term 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 19 Coral Way Community Center Bid No.: 11-12-053 B-30365E George Mensah, Director Department of Community Development City of Miami 444 S.W. 2nd Avenue — 2nd Floor Miami, Florida 33130 For Contractor: Jorge Gonzalez, President ABC Construction, Inc. 7215 NW 7th Street Miami, Florida 33126 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. Priority of Provisions 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 and Change Orders 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, keep, 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 or similar claims, injuries or damages arising or resulting from the permitted work, even if 20 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, defend, 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 appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description 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/or §725.08, Fla. Statutes, as applicable. Any sentence held as invalid by a court of competent jurisdiction will be severable from the remainder of this section which will survive such finding and continue in operative force and effect. 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. 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 coverages 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 • 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. 21 Coral Way Community Center Bid No.: 11-12-053 B-30365E 7_3. Commercial General Liability (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 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 Contingent Liability/Independent Contractors Coverage o Contractual Liability o Waiver of Subrogation o Premises and/or Operations o Explosion, Collapse and Underground Hazards 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 insured ■ City of Miami as Additional Insured 7_5. Umbrella Policy • Bodily injury and property damage liability with limits of Three Million Dollars ($3,000,000) each occurrence and an aggregate limit of Three Million Dollars ($3,000,000). 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 Builder's Risk 22 Coral Way Community Center Bid No.: 11-12-053 B-30365E Causes of loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $10,000, All other Perils 5% maximum on Wind and Flood, if applicable, City of Miami included as an Additional Insured. A. Limit/Value at Location or Site ($ - Contract Amount) B. Coverage Extensions: • Materials, supplies and similar property owned by others for which you are responsible. • Full coverage up to policy limits for equipment breakdown. • Temporary storage/transit coverage. • Full coverage up to policy limits for site preparation, re -excavation, re - preparation and re -grade in the event of a loss. • Fences, scaffolding, construction forms coverage and signs • Valuable papers coverage for blueprints, site plans and similar documents. • Trees, shrubs, sod, plants while at premises. • Flood, including inundation, rain, seepage and water damage. • Earthquake • Business Interruption • Subsidence • New ordinance or law; reimbursement for any resulting loss of value to the undamaged portion, and required demolition expenses, including construction necessary to repair, rebuild or re -construct damaged parts. • Escalation clause in the event of a total loss up to 5% of policy limit. • Temporary structures, cribbing and false work built or erected at construction site. • Unintentional errors and omissions in reporting clause • Full coverage up to policy limits for testing including physical loss caused by pneumatic and hydrostatic testing. Debris Removal. 7.7. Installation Floater Required if 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) all other perils, and 5% maximum on Wind. 7.8. Owners & Contractor's Protective Each Occurrence General Aggregate $1,000,000 $1,000,000 The above policies shall provide the City 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 the City with at least thirty (30) days notice of cancellation and/or restriction. 23 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 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 Bond ("Bond") 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 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, in an amount over Five Hundred Thousand Dollars ($500,000.00): Each .Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 24 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for Bonds: Policy- Financial Amount of Bond holders Size Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class .... II 2,000,001 to 5,000,000 A Class ....III 5,000,001 to 10,000,000 A Class ...IV 10,000,001 to 25,000,000 A Class .... V 25,000,001 to 50,000,000 A Class ... VI 50,000,001 or more A Class .. VII For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a Surety which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. A Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance/Payment Bond. More stringent requirements of any grantor agency are set forth within the Bid. If there are no more stringent requirements, the provisions of this section shall apply. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not 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. 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. 25 Coral Way Community Center Bid No.: 11-12-053 B-30365E The Contractor shall perform the work complete, in place, and ready for continuous service, and shall include repairs, testing, permits, clean-up, replacements, and restoration required as a result of damages caused during this construction. 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. 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 shallbe responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. All newly constructed work shall be carefully protected from damage in any way. No wheeling or walking or placing of heavy loads on it shall be allowed and the Contractor, at its own expense, shall reconstruct all portions damaged. 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. 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 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. When measurements are affected by conditions already established or where items are to be fitted into constructed conditions, it shall be the Contractor's responsibility to verify all such dimensions at the site and the actual job dimensions shall take precedence. 11. Method of Performing the Work If the Project Manager 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, 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, the Project Manager 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 26 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 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, 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. All requests for such interruption or obstruction must be given in writing to the Project Manager 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. A staging plan must be submitted to and approved by the Project Manager 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. 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, if any, the Contractor shall notify the City and the amount of this Contract may be adjusted up or down, depending on the conditions. 27 Coral Way Community Center Bid No.: 11-12-053 B-30365E 14. Contractor to Check Plans, Specifications and Data Contractor shall review all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager or Consultant as part of this Contract, and shall notify the Project Manager and the Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the Project Manager. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Project Manager. 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, 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 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 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 28 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property 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 nonOworking 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: 29 Coral Way Community Center Bid No.: 11-12-053 B-30365E • 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. • 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 30 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 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. 31 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 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 and 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. Subcontractors Contractor is solely responsible for all acts and omissions of its Subcontractors. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the City. Contractor is responsible for the timely payment of its Subcontractors and suppliers as required by Florida Stature. Failure to comply with these payment requirements will place the Contractor in default of the Contract. Contractor shall not employ any Subcontractor against whom City and/or Project Manager may have a reasonable objection. Contractor shall not be required to employ any Subcontractor against whom Contractor has a reasonable objection. Contractor shall utilize the Subcontractors identified in its Bid submission. The replacement, addition, or deletion of any Subcontractor(s) shall be subject to the prior written approval of the Project Manager. Where Subcontractors are being added, deleted, or changed for a specific Project the Contractor shall include in its Bid the names of the Subcontractors, the Work to be performed by each Subcontractor, the value and percentage of the Work to be performed by the Subcontractor, and the number of personnel the Subcontractor will utilized whom are working under H2B visas. Third tier subcontracting is only permitted with the prior written approval of the Project Manager. 25. Authority of the Project Manager The Director hereby authorizes the Project Manager and the Consultant designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under 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 Consultant's 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 Documents, 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. 32 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 26. Inspection of Work The Project Manager, Consultant, Inspectors, and other City representatives 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, inspection or approval is to be made by an authority other than a City or contracted firm, 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 inspection approval or consent of Project Manager, it must, if required by the Project Manager, be uncovered for examination and properly restored at Contractor's expense. 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 and Consultant may be present for such procedures. All testing reports are to be sent directly to the Project Manager by the testing firm, with a copy to the Contractor. Re-examination of any of the Work may be ordered by the Project Manager and 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. 33 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit or authorize 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 and Consultant. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by 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. 27. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 28. Separate Contracts Prior to the commencement of the Work the Project Manager 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 Contractor's 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 Contractor's 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. 29 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. 34 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Time 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. 31. Coordination of Work During progress of Work under this Contract, it may be necessary for other contractor's and persons employed by the City to Work in or about the Project. The City reserves the right to put such other contractors to work and to afford such access to the Project site of the Work to be performed hereunder at such times as the City deems proper. If this Contract requires a portion of the Work to be tied into work done under another Contractor(s), it will be necessary for Contractor to plan its Work and cooperate with other contractors insofar as possible to prevent any interference and delay. The Contractor shall not impede or interfere with the work of other contractors engaged in or about the Work and shall so arrange and conduct its Work that such other contractors may complete their work at the earliest date possible. 32. Existing Utilities Known utilities and structures adjacent to or encountered in the Work may be shown on the, Drawings. 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 35 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 Call of Florida, Inc", who shall be contacted a minimum of 48 hours before the Contractor commences any digging. 33. Contractor's Responsibility for Utility Properties and Service Where the Contractor's 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 34. 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. 36 Coral Way Community Center Bid No.: 11-12-053 B-30365E 35. 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 and 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. 36. 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. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations at the site, if any. 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: 0 o Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work, and its vehicles while performing Work for the City and/or while parked or stored at the Project site(s). The City assumes no liability for damage or loss to the items specified in this paragraph. 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. 37 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 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 Contractor's 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. Equipment's 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 and Salvage Disposal / Salvage Credits The City certifies that it shall not permit Salvage Credits, therefore, Federal excess and surplus property shall not be utilized in lieu of purchasing new equipment and property. 38 Coral Way Community Center B-30365E Bid No.: 11-12-053 Unused construction materials, highway appurtenances, or other equipment or material shall also not be salvaged. Debris, rubbish, hazardous waste, and non -usable material resulting from the work under this Contract to which CITY does not claim a further interest as a result of the preceding paragraph, shall be disposed of by and at the expense of the Contractor at a location off CITY property. Hazardous wastes must be disposed of in accordance with the Resource Conservation and Recovery Act and state and local regulations. The contract adjustment factor includes the cost of all clean-up, including final cleanup on each individual Job Order. 38. 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. 39. 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 unitor 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. 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. Manufacturer's representative shall provide the Contractor and the Project Manager or Consultant a written report of field observations. 39 Coral Way Community Center Bid No.: 11-12-053 B-30365E 40. 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 manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project(s). 41. 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. 42. 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 and 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 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, and Owner's Project number • 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 Consultant's 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. Submittals submitted without the stamp and signature shall be rejected and it will be considered 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 and/or Consultant has returned approved submittals to the Contractor. 40 Coral Way Community Center Bid No.: 11-12-053 B-30365E Contractor shall submit six (6) originals of each Submittal to the City. The City will return three marked/reviewed sets to the Contractor. A Contractor's letter of transmittal cover sheet must be attached to all Submittals' packages being transmitted to the City and Consultant. The Contractor's letters of transmittal shall properly list and identify all Submittal packages with number and description of each Submittal within the letter of transmittal. When catalogs, product data, diagrams or charts are submitted with more than one type of product manufactured, clearly identify the particular item being submitted, including options that are intended for use in that particular work or portion of work. Contractor shall note in submittals/shop drawings to make references to Drawings, drawings details, Specifications Sections, or any of the Contract Documents, as necessary for clarity. Project Manager and/or Consultant shall make every effort to review Submittals within fourteen (14) calendar days from the date of receipt by the Project Manager and/or Consultant. Project Manager and/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 and/or Consultant shall return the reviewed Submittal to the Contractor for their use and distribution. Acceptance of any Submittal by the City or Consultant 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 and/or Consultant of the specific deviations and the Consultant has issued written approval of such deviations. By approving and submitting Submittals (shop drawings, product data and samples, etc), 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 Submittals, which bear the Project Manager's and/or Consultant's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Subcontractor, 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 and/or Consultant's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a Submittal that alters, modifies or adds to the requirements of the Contract Documents. Nothing in the Project Manager's and/or Consultant's review of Submittals shall be construed as authorizing additional work or increased cost to the City. 43. 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. 41 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 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. Contractor shall submit three (3) sets of shop d rawings. 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. 42 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 44. 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, 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. 45. 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. 46. 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, both within and 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. 43 Coral Way Community Center Bid No.: 11-12-053 B-30365E 47. 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. 48. Contractor Furnished Drawings The 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. 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. 49. Substitutions Substitutions will only be considered after the award of the Contract. 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 if 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 Consultant from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Consultant for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's 44 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 Consultant 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 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 City and 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. 50. City Furnished Drawings The City, in 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 (RFI). The City shall respond to all RFI's in 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. 51. 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), 45 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 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. 52. 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. All reports are to be sent directly to the City's Project Manager with a copy to the Contractor. 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. The City may require that the Contractor provide the name and qualification of the company(ies) providing the testing services, inclusive of the testing laboratory(ies). The City, in its sole discretion, may accept or reject the use of any company or laboratory that it determines does not possess the required licenses or expertise to perform their portion of the Work. 53. 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 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. 54. 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. 46 Coral Way Community Center Bid No.: 11-12-053 B-30365E 55. 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 Time or Contract Time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 56. 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 Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 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. 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. 57. " 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 47 Coral Way Community Center B-30365E Bid No.: 11-12-053 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 percent (10%) 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. 58. No Oral Changes 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. 59. 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 total bid 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. 48 Coral Way Community Center Bid No.: 11-12-053 B-30365E • 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: • 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. 49 Coral Way Community Center Bid No.: 11-12-053 B-30365E • 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, purchasingand 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 or sub -contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). • Where a Subcontractor 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. 50 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 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." 60. 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 Contractor's 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 Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment 51 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 61. 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 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 Consultant's written instructions or by Change Order. • Details not on original Contract Drawings. • Equipment, conduit, electrical panel locations. 52 Coral Way Community Center Bid No.: 11-12-053 B-30365E • Project Manager's or Consultant's schedule changes according to Contractor's 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 Manager's or Consultant's 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 as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. 62. Worker's Identification — Intentionally Omitted 63. 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). 64. 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 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 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 53 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 65. 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 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, - payment application and the final Certificate of Occupancy for the Project. Contractor shall deliver the written Contractor's warranty and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. Prior to approval of final payment the Project Manager shall provide written confirmation to the Contractor that any and all training required by the Contract Documents has been provided to the satisfaction of the Project Manager. 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. 54 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 66. 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. 67. Force Maieure 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, 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 majeure 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. 68. 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; • 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 shall only consider weather related delays where adverse weather directly impacts the critical path of the Project Schedule. However, the. Citywill also factor in other factors in considering an extension of time, including the length of the weather delay, and the adverse weather conditions as they relate to typical weather patterns during the period the Work is being performed. 55 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 five (5) 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. 69. 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 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 69, Contractor's Damages for Delay hereof, if City and Contractor cannot otherwise agree. It is expressly 56 Coral Way Community Center Bid No.: 11-12-053 B-30365E and specifically agreed that any and all claims for changes to the Contract Time or Contract Time 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. 70. 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 72, Excusable Delay, Non-Compensable, the Contractor shall not be entitled to a separate extension for each one of the causes; only one period of extension shall be granted for the delay. 71. Contractor's 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 Time 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 by the City in certain situations. 72. 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. Contactor 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 67, Notification of Claim, hereof. 57 Coral Way Community Center Bid No.: 11-12-053 B-30365E Failure of Contractor to comply with Article 67, 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. 73. Lines and Grades The Contractor shall, at its own expense, establish all working and construction Tines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. 74. 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. 75. 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. 76. Uncovering Finished Work The Project Manager's, Inspector's and/or Consultant's 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 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 58 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 77. 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 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. 78. 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 Contractor's Bid. Reputations 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 Maintenance of Traffic (MOT) 59 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 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. 60 Coral Way Community Center Bid No.: 11-12-053 B-30365E • Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping • 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 less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6prn weekdays. 79. Location 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 Contractor's 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 80. 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 61 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 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 Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractor's 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. 81. 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. 82. 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. 62 Coral Way Community Center Bid No.: 11-12-053 B-30365E ■ 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 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. 83. Cleaning Up; City's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of 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. 84. 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. 85. 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 86. Event of Default 63 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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; • The Contractor has failed to obtain the approval of the City where required by the Contract Documents; • 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 Contractor's 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 Contractor's 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. 87. 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. 88. 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 64 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. • 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. 89. 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. 90. 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; 65 Coral Way Community Center B-30365E Bid No.: 11-12-053 • 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. 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. 91. 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. 66 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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 Manager's 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 (90) days has expired where City Manager's 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 Time 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. 92. 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. 93. 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 67 Coral Way Community Center B-30365E Bid No.: 11-12-053 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. 94. 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 Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project(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 Department's 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 Department's 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. 95. Compliance with Applicable Laws 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. 96. 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 68 Coral Way Community Center Bid No.: 11-12-053 B-30365E City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's 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; worker's 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. 97. Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract 98. 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. 99. 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. 100. 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 69 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 101. 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. 102. 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. 103 Entire Agreement 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. 104. Nondiscrimination, Equal Employment Opportunity, Affirmative Action, 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. This contract requires compliance and all subcontracts shall include a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," attached herein under attachments. 70 Coral Way Community Center Bid No.: 11-12-053 B-30365E Contractor has an EEO policy that prohibits discrimination and provides for affirmative action in employment practices. The Contractor shall adopt the following statement as his operating policy: "it is the policy of this company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age, or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." Contractor agrees to apply a good faith effort to eliminate past and present discrimination and to ensure that future discriminatory practices do not occur. Contractor will have a designated EEO Officer who has the responsibility and authority to administer the Contractor's EEO program. All of the Contractor's employees who have an active role in the hiring, supervision, or advancement of employees shall be made aware of and instructed to implement the EEO policy. In addition, employees, including applicants and potential employees, will be informed of the Contractor's EEO policy through posted notices, posters, handbooks, and employee meetings. The Contractor shall not discriminate in his recruitment practices and should make an effort to identify sources of potential minority and women employees. The Contractor is required to periodically review project sites, wages, personnel actions, etc., for evidence of discriminatory treatment. The Contractor is to promptly investigate all alleged discrimination complaints. The Contractor is required to advise employees and applicants of training programs available and to assist in the improvement of the skills of minorities, women, and applicants, through such programs. The EEO policy also pertains to Contractor's selection of Subcontractors, including material suppliers and equipment leasing companies. Records that document compliance with the EEO policy shall be prepared and retained by the Contractor for a period of five years after project completion. These records should include the numbers of minority, women, and non -minority employees in each work classification on the project; and the progress and effort being made to increase the employment opportunities for minorities and women. The Contractor is required to submit an annual EEO report, attached, to the STA (Supervisory Trial Attorney) each July, for the duration of the project. If the project contains on-the-job training (OJT), this information is also required to be collected and reported. The Contractor further agrees to comply with all applicable provisions of Florida Executive order 11246 as attached and incorporated in section 5 herein. The Certification of Compliance with EEO Provisions on Federal Aid Contracts Form as set forth in Attachments section shall be included in the advertised bidding proposal and made part of the contract for each contract and each covered Federal -aid highway construction subcontract. In order to obtain information required by 48 CFR, chapter 1, Sec. 22.804-2 (c), the aforementioned requirement along with a completed W-9 shall be included at the end of the bid schedule in the Bid and Contract assembly. 105. Evaluation 71 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 106. Commodities manufactured, grown or produced in the City of Miami, Miami -Dade County and the State of Florida Not applicable for this Project as it is federally funded. 107. 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. 108. 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. 109. 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 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. 110. 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. 111. Payments Related to Guaranteed Obligations 72 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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's failure 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 Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents 112. 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. 113. 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 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. 114. Defense of Claims Should any claim be made or any legal action brought in any way relating hereto or to the Work hereunder, except as is covered by the provisions of Section 2, paragraph 6 ("Indemnification") the Contractor shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. 115. 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 and/or change in regulations, upon thirty (30) days notice. 116. Mutual Obligations This document, change order, field directive, and written clarifications issued under the Contract, and the Contractor's submittals, shall constitute the Contract Documents 73 Coral Way Community Center B-30365E Bid No.: 11-12-053 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. 117. 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. 118. 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. 119. 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. 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. 120. Contract Documents Contains 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. 121. 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. 74 Coral Way Community Center Bid No.: 11-12-053 B-30365E 122. H2B Visa Report The Contractor shall submit with each payment application a report on the number of its employees and the number of employees for each Subconsultant and Subcontractor that is working under a HSB visa. Failure to provide this information with the payment application may result in a delay in processing the payment application. 75 Coral Way Community Center B-30365E Bid No.: 11-12-053 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 One Hundred Eighty (180) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. Contractor shall have an additional Thirty (30) calendar days for Final Completion of the Contract. Work shall be performed Monday through Friday from 8:00am to 6:00pm. 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. LEED Certification (Not Applicable) 3. 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 for work actually performed and accepted by the City. The City will only make approve 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 benecessary 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 or Federal Requirements relating to CDBG funds In instances where multiple Project are awarded the Contractor shall submit separate Applications for Payment for each Project. 76 Coral Way Community Center Bid No.: 11-12-053 B-30365E When the above grounds are removed or resolved satisfactory to the Project Manager, payment shall be made in whole or in part. 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 4. 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 five hundred dollars ($500) 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 sum of two hundred fifty dollars ($250) 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. 5. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice of Award. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project by trade or as otherwise requested by the Project Manager. 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 77 Coral Way Community Center Bid No.: 11-12-053 B-30365E require such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 6. Project Schedules Contractor shall submit a proposed Project schedule (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 Consultant's review. Subsequent to such review of said Schedule the Contractor shall establish said schedule as the baseline Schedule. ■ The Schedule shall be prepared in the form of a horizontal bar chart with separate horizontal bars for each design task, construction task in the critical path in. chronological order. Provide horizontal time scale in weeks from the start of construction and identify the first work day of each month. Identify listings of any major equipment installation milestones. ■ 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 Time for completion. Failure to submit such Schedules shall result in the rejection of any submitted payment application. • All Schedules shall be prepared in Microsoft Project 2003 or earlier 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 master Project schedule. • 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. At a minimum the contents of the Baseline Schedule shall show or indicate the following: a. Complete sequence of design by activity reflecting the Subcontractor responsible for the activity. b. Complete sequence of construction by activity reflecting the Contractor or Subcontractor responsible for each activity c. Dates for the beginning and completion of each major element of design and construction in no more than a two -week incremental scale. d. Items of work that must be accomplished to achieve substantial completion. 1). Major disciplines or trades of work 2). Filter downtime 3). Time required for Contractor's submittals, fabrication and deliveries. 4). Time required by Contractor and the City to review all submittals. 5). Tirne required by City to support any pre -operational and start-up testing. 6). Time required for the relocation of utilities, if required. 7). Activities performed by Contractor. 78 Coral Way Community Center Bid No.: 11-12-053 B-30365E 5. Percentage of completion for each item as of the date the schedule was prepared. 6. Dates for Contractor's submittals. 7. Dates for any required City -furnished materials or equipment. 8. Dates accepted submittals will be required from the City. In addition the Contractor shall provide: a. Provide a list of all long lead items and their anticipated dates of delivery (equipment, materials, etc.) Monthly updates shall reflect actual versus projected, and any revised projections b. Provide a projected dollar cash flow spend down for each month of construction. Monthly updates shall reflect any change orders as well as actual versus projected, and any revised projections. 7. 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/Subcontractors 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 a Consent of Surety to Requisition Payment. 8. 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 79 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 9. Request For Information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Document's 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 Architect and the City Director of CIP or the Director's designee shall respond in writing. 10. Project Site Facilities 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. 1.1... 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. The 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 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. 80 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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. 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 Contractor will typically be expected to furnish and install a minimum of two signs in addition to construction related signs such as warning signs. This federally -funded project may have Federal signage requirements different than those described below which will be provided upon receipt of the specifications. 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. All 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. 81 Coral Way Community Center Bid No.: 11-12-053 B-30365E 14. Construction Photographs Prior to commencement of the Work the Contractor shall take digital photographs to document existing conditions and submit copies as required herein prior to the commencement of Work. Contractor shall submit with each application for payment photographs that accurately reflect the progress of all aspects the Work. The number of photographs to be taken will be based on the magnitude of work being performed. Contractor shall submit one copy of each photograph in print and digitally. The photographs shall be printed on 8"X10" high resolution glossy commercial grade and weight color photographic print paper. Each photograph shall be imprinted on its face with the title of the Project, the date, and time the picture was taken. Digital photographs shall be taken using .jpeg format and will be submitted on a CD-ROM clearly identifying the name of the Project, the name of the Contractor, and the timeframe in which the pictures were taken. Initial set up prints will be submitted in a three ring binder with each picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic sleeves that can be added to the binder. The three ring binder shall be of such size to be able to hold all print pictures. 15. Intentionally Omitted 16. Contractor Purchased Equipment for State or Local Ownership When a Contractor purchases equipment to adequately meet the construction engineering (CE) requirements of a Federal -aid project, the equipment which is purchased by the construction Contractor is not permitted to be transferred to the State or City for ownership. Contractor shall also not purchase equipment utilizing Project funds for use and ownership by the City or State. 17. Equipment Rental Rates When equipment is to be rented, the following guidelines apply and Contractor agrees to comply with these guidelines as laid out below: The following costs are allowable: (1) Rental costs under operating leases, to the extent that the rates are reasonable at the time of the lease decision, after consideration of I. rental costs of comparable property, if any; II. market conditions in the area; III. the type, life expectancy, condition, and value of the property leased; IV. alternatives available; and V. other provisions of the agreement. (2) Rental costs under a sale and leaseback arrangement only up to the amount the Contractor would be allowed if the Contractor retained title, computed based on the net book value of the asset on the date the Contractor becomes a lessee of the property adjusted for any gain or loss recognized. (3) Charges in the nature of rent for property between any divisions, subsidiaries, or organization under common control, to the extent that they do not exceed the normal costs of ownership, such as depreciation, taxes, insurance, facilities capital cost of money, and maintenance (excluding interest or other unallowable costs provided that no part of such costs shall duplicate any other allowed cost. Rental cost of personal property leased from any division, subsidiary, or affiliate of the Contractor under common control that has an established practice of leasing the same or similar property to unaffiliated lessees shall be allowed. 82 Coral Way Community Center Bid No.: 11-12-053 B-30365E 18. Intentionally Omitted 19. Wage Rates for Federal -Aid Projects For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate Decision Number(s) FL130226 01/04/2013 FL226, as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the FDOTs website and ensure that employees receive the minimum wages applicable. You may, if applicable, refer to the Wage Table —current as of this Contract date — attached and incorporated in section 5 herein. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. When multiple wage tables are assigned to a Contract, general guidance of their use and examples of construction applicability is available on the Department's website. Contact the Department's Wage Rate Coordinator before bidding if there are still questions concerning the applicability of multiple wage tables. The URL for obtaining the Wage Rate Decisions is www.dot.state.fl.us/construction/wage.shtm. Contact the FDOT's Wage Rate Coordinator at (850) 414-4251 if the FDOT's Website cannot be accessed or there are questions. Weekly payrolls must be submitted to the City's construction manager. They shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), as detailed above in section 19, except that full social security numbers and home addresses SHALL NOT be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). Where this paragraph conflicts with FHWA 1273 with regard to home addresses and social security numbers this paragraph shall prevail. 20. Intentionally Omitted 21. Intentionally Omitted 22. Intentionally Omitted 23. Public Agencies in Competition with the Private Sector The City reserves the right, before awarding a Contract, to require a Bidder to summit evidence of his/her qualification, as may be deemed necessary, and consider any evidence available to it of the financial, technical and other qualifications and abilities of the bidder. The Contract will be awarded only to a Bidder fully qualified to undertake the proposed work. All material or services must meet all applicable Federal, State and Local specifications and permit requirements. In accordance with 23 CFR 635.112(e), no public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. 24. Mandatory Use of E-Verify System Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to confirm the employment eligibility of all persons employed by the Contractor during the term of the Contract to perform employment duties within Florida and all persons, including subcontractors, assigned by the Contractor to perform work pursuant to the contract with the Department. 83 Coral Way Community Center Bid No.: 11-12-053 B-30365E 25. Intentionally Omitted 26. Intentionally Omitted 27. Selection of a Contractor The project must also comply with the City of Miami's Section 3 Plan approved by the City Commission on September 10, 2009, which can be viewed at http://www.miamigov.com/communitvdevelopment/Docs/Reports/Section%203%20PIan %20Approved%20by%20Commission%20on%2010%20Sept%2009.pdf. In the selection of a contractor process when a Section 3 covered contract is to be awarded based upon the lowest price or by sealed bids, the Section 3 business concern with the lowest responsive bid shall be given the opportunity to match the lowest responsive bid from any qualified source. If said Section 3 business concern cannot match the lowest responsive bid, then the award shall be made to the source with the lowest bidder. 28. Environmental Clearance Projects funded with CDBG-R funds are subject to environmental review under federal regulation, and no funds can be committed and expended until the activity has received an environmental clearance. No exceptions can be made. Construction work must not commence until a US HUD Release of Grant Conditions or a confirmation of exempt status has been issued for the Project. 84 Coral Way Community Center Bid No.: 11-12-053 B-30365E Section 4 - BID FORMS (Page 1 of 12) Submitted: City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 Date 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: 11-12-053 Title: Coral Way Community Center B — 30365E 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 Bidis to be multiplied by the stated quantity requirements in order to arrive at the total. 85 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 2 of 12) Note: Bidders are bidding on a total lump sum basis for the purpose of determining the lowest responsive and responsible bidder. 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 CIP webpage with the bid documents. Total Lump Sum Bid Amount includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, permits, supervision, mobilization, overhead & profit required in accordance with the Bid Specifications. Item 1: BASE BID AMOUNT: Renovation of Community Center, at 1300 SW 12th Ave. $ Item 2: ALLOWANCE FOR PERMIT FEES: $ 5,000 Item 3: OWNER'S ALLOWANCE: $ 50,000 TOTAL LUMP SUM BID AMOUNT (Item 1 + Item 2 + Item 3): Written Total Lump Sum Bid Amount Item 4: ALTERNATE ADDITIVE A — Demolition of Structure at 1320 SW 12th Ave.: $ 86 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 3 of 12) Pay Item Breakdowns Bidders must download the version of the bid Form that is available for download at: http://www.miamigov.com/Capitallmprovementstpacies/ProcurementOpportunities/Defaul t.asp. Failure to submit the Spreadsheet may result in the Bid being determined to be non -responsive. 00402 Coral Way Community Center - B-30365E Line No. Pay Item No. Pay Item Description Unit Quanti ty Unit Cost Cost TOTAL BID PRICE 87 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 4 of 12) DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Part II: No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Affirmative Action Plan Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy: and 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; 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: (i) The dangers of drug abuse in the workplace; 88 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 5 of 12) (ii) The Bidder's policy of maintaining a drug -free workplace; (iii )Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6). 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. 89 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 6 of 12) (3)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. 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, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 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 Bid 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/Bid had one or more public transactions (Federal, State, or local) terminated for cause or default. 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. 6. Section 3 Business Preference Claim Form (Document 00200-B) Current MDPHA certified Section 3(S-3) businesses who wish to claim a bidder's preference must also include the Section 3 Business Preference Claim Form (Document 00200-B) form in their bid, which can be found in Section 5 — Attachments, Supplement to Bid Forms. S-3 businesses must become certified at least two weeks prior to bid opening date to be eligible to claim S-3 bidder's preference. Business application requests may be faxed to MDPHA at 305-643-1773. The City of Miami may offer preference to Section 3 firms. The Section 3 business concern with the lowest responsive bid shall be given the opportunity to match the lowest responsive bid from any qualified source. If said Section 3 business concern cannot match the lowest responsive bid, then the award shall be made to the source with the lowest bidder. 90 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 7 of 12) 7. Disability Non -Discrimination Certification The Bidder certifies that it is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed above including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104, Stat. 327, 42 U.S.C. 12101-12213 and 47, U.S.C. Sections 325 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications, and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State of any political subdivision or agency thereof or any municipality of this State. 9. Assurance of Compliance (Section 3, HUD ACT of 1968) The Bidder certifies and understands the following paragraphs will be included in the winning Bidder's contract with the City of Miami, and upon final execution of the contract pages the clauses below will be immediately deemed part of the contract : TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. 91 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 8 of 12) C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135. The Bidder understands that a separate certification form regarding the above, in the format provided in Exhibit C, will be required of the lowest bidder prior to award and/or contract execution. Failure to submit these forms upon request may lead to a determination of non -responsiveness. 9. Conflict of Interest The Bidder certifies and understands the Conflict of Interest Disclosure Form Attachment, found in Exhibit C, will be required of the lowest bidder prior to award. If U.S. HUD or the City determines that a conflict of interest exists, award may not be made. The Bidder further certifies and understands the conflict of interest section below, and confirms that it does not apply to the Applicant's principals and/or contractors or subcontractors: Section 2-612 Transacting business with the city; appearances before city boards; post - employment restrictions; participation in the award of certain contracts under the procurement ordinance; penalties, etc. d) The director of the department and/or his designee and/or members of the selection committee who are city employees recommending a contract award of not less than $500,000.00, shall be restricted for a two-year period, after the director and/or his designee and/or the member has left city service or terminated city employment, from receiving compensation or employment from any contractual party when the director/or his designee and/or the member participated in the award of the contract subject to the procurement ordinance of the city, including without limitation waivers, with the following conditions and definitions: a. The word "member" as used in this section shall include all city employees who are members of the selection committee which has recommended a contract award; b. The word "director" shall mean the director, or his/her designee, of any city department, division, authority, board, of office recommending a contract award, and with respect to the boards referenced in section 18-72, the executive director of such board, or his/her designee, providing, however, that his section shall not apply to the community redevelopment agency; c. The word "Director" shall exclude the City Manager and the Chief Procurement Officer as defined in section 18-73; d. This Section shall not preclude the member or director, or his/her designee, from working for the contractual party on an entirely unrelated contract. The phrase "contractual party" is defined in section 18-73. The employment or contractual relationship cannot 92 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 9 of 12) relate directly to the contract that was recommended by the selection committee in which the member participated and/or that was recommended by the director or his/her designee. e) Penalties. A violation of this ordinance may be punished by imposition of the maximum fine and/or penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 10. Section 3 Requirements The Bidder certifies and understands the Section 3 Requirements, as detailed in Exhibit A, and has reviewed and understands the City of Miami's Section 3 Plan, which may be viewed at http://www.miamigov.com/communitydevelopment/Docs/Reports/Section%203%20PIan 20Approved%20by%20Commission%20on%2010%20Sept%2009.pdf, and understands they must submit the Economic Opportunity Plan, as part of the Supplement to Bid Forms, with this bid submission. All Bidders must commit themselves to a goal and describe what steps will be taken to implement Section 3. Bidders will be evaluated in terms of responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. 11. Certification of Sound Fiscal Management The Bidder, along with Bidders Chief Fiscal Officer, certifies and acknowledges that as a condition of receiving funds from the City of Miami, have the need to establish and maintain sound financial and fiscal controls and management systems. The Bidder and Bidder's Chief Fiscal Officer certify that they have established internal controls which are adequate to safeguard the assets of the agency, monitor the accuracy and reliability of accounting data, promote operating efficiency and insure compliance with prescribed policies and procedures. Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of 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 Bid 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. 93 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 10 of 12) The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Total Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). 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 Name: Signature: Printed Name/Title: City/State/Zip: Telephone No.: Facsimile No.: E-Mail Address: Social Security No. or Federal Dun and I.D.No.: Bradstreet No.: (if applicable) Chief Fiscal Officer Signature: Printed Name/Title: If a partnership, names and addresses of partners: 94 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID FORM: (Page 11 of 12) CERTIFICATE OF AUTHORITY (IF CORPORATION) | HEREBY CERTIFY that at a meeting of the Board of Directors of .acorporation organized and existing under the |avvm of the State of . held on the day of ' . o resolution was duly passed and adopted authorizing (Name) an (Title) of the corporation to execute bids on behalf of the corporation and providing that him/her execution thereof' attested by the secretary of the norpooaUon, nho|| be the official act and deed mfthe corporation. | further certify that said resolution remains in full force and effect. 20 IN WITNESS WHEREOF, I have hereunto set my hand this , day of CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) | HEREBY CERTIFY that at e meeting of the Board of Directors of . epartnership organized and existing under the |mvva 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 theraof, attested by o pmrtner, shall be the official act and deed of the partnership. | 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: 05 Coral Way Community Center Bid No':1142-053 BID FORM: (Page 12 of 12) CERTIFICATE OF AUTHORITY IF JOINT VENTURE) 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 AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , 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. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 . Signed: Print: NOTARIZATION STATE OF ) SS: COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 96 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID BOND FORM State of Florida County of Dade City of Miami ) (Page 1 of 3) SS Section 5- Attachments BID BOND FORMS KNOWN ALL PERSONS BY THESE PRESENTS, that as Principal, as Surety, are held and firmly bound unto The City of Miami, in the penal sum of Dollars ($ ) 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 , 20_, for: Coral Way Community Center-11-12-053 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. 97 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this day of , A. D., 20 , 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 attest and affix seal.) PRINCIPAL: (Name of Firm) Affix Seal (Signature of authorized officer) (Title) (Business Address) City State Zip Surety: (Corporate Surety) Affix Seal Surety Secretary (Signature of Authorized Officer) (Title) (Business Address) City State Zip 98 Coral Way Community Center Bid No.: 11-12-053 B-30365E BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the Corporation named as Principal in the within bond; that of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. STATE OF FLORIDA ) COUNTY OF DADE City OF MIAMI SS (Corporate Seal) Before me, a Notary Public duly commissioned, and qualified, personally appeared to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the and that he/she has been authorized by 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 this INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders Coral Way Community Center B-30365E day of A. D., 20 . Notary Public, State of Florida at Large My Commission Expires: 99 Bid No.: 11-12-053 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 May Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has your company been in business under its current name and ownership? a. Professional Licenses/Certifications (include name and number)* Issuance Date ('include active certifications of small or disadvantage business & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: c. Qualified Business License: D Yes❑ No If Yes, Date Issued: c. What is your primary business? (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) d. Name of Qualifier, license number, and relationship to company: e. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company 2. Name and Licenses of any prior companies Name of Company License No. Issuance Date 3. Type of Company: ❑ Corporation ❑ "S" Corporation❑ LLCD Sole Proprietorship ❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 4. Company Ownership a. identify all owners of the company 100 Coral Way Community Center Bid No.: 11-12-053 B-30365E Name Title % of ownership b . Is any owner identified above an owner in another company? ❑ Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership c. identify all individuals authorized to sign for the company, indicating the level of their authority ( check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Explanation for Other: (Note: "All" 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) 5. Employee Information Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) How many employees are working under H2B visas? 6. Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: 101 Coral Way Community Center Bid No.: 11-12-053 B-30365E 7 Insurance & Bond Information a. Insurance Carrier name & address: b. Insurance Contact Name, telephone, & e-mail: c. Insurance Experience Modification Rating (EMR): (if no EMR rating please explain why) d. Number of Insurance Claims paid out in last 5 years & value: e. Bond Carrier name & address: f. Bond Carrier Contact Name, telephone, & e-mail: g. Number of Bond Claims paid out in last 5 years & value: 8. 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. 9. To the best of your knowledge isyour company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? Yes❑ No[1( If yes, provide an attachment that provides an explanation of the project and an explanation. 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, 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. B. Project Management & Subcontract Details 1. Project Manager for this Project: a. Name: b. Years with Company: 102 Coral Way Community Center Bid No.: 11-12-053 B-30365E c Licenses/Certifications: d. Last 3 projects with the company including role, scope of work, & value of project: 2. Subcontractors: Name Trade % of Work License No. Certification* ('active certifications of small or disadvantage business & name of certifying entity) How many Subcontractor employees are working under H2B visas: 3. 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 bonds, dumpsters, trailers, and other similar non -construction work items) 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) 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes 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 owner's name , address and contact 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. D. Bidder's References Bidder's are to include a minimum of five (5) references from 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 103 Coral Way Community Center Bid No.: 11-12-053 B-30365E discretion may allow the Bidder to submit the references after the specified date for Bid submission. . 104 Coral Way Community Center Bid No.: 11-12-053 B-30365E SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 1) 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) 2) Company Name Address Contact Person/Contract Amount Telephone No. IFax No. Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 3) Company Name Address Contact Person/Contract Amount Telephone No. IFax No. 4) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 105 Coral Way Community Center Bid No.: 11-12-053 B-30365E 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: Value of project: $ Date Completed: Percentage of work self -performed by Contractor: % 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: Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: Date: Signature: Title: Telephone: E-mail: Sincerely, Jeovanny Rodriguez, Assistant Director 106 Coral Way Community Center Bid No.: 11-12-053 B-30365E SUPPLEMENT TO BID FORM: SECTION 3 BUSINESS PREFERNCE CLAIM FORM (DOCUMENT 00200-B) (Page 1 of 1) OPTIONAL DOCUMENT: Only applicable to current MDPHA certified Section 3(S-3) Bidder who wish to claim a Bidder's preference. The City may offer preference to Section 3 firms. The Section 3 business concern with the lowest responsive Bid shall be given the opportunity to match the lowest responsive Bid from any responsible Bidder. If said Section 3 Bidder cannot match the lowest responsive Bid, then the award shall be made to the source with the lowest responsive and responsible Bidder. S-3 businesses must become certified at least two weeks prior to Bid opening date to be eligible to claim S-3 bidder's preference. Business application requests may be faxed to MDPHA at 305-643-1773. ***Only initial those items applicable to your firm. 1 (Initial) (Firm Name) was certified by MDPHA as an S-3 Business on (Date). Said firm is claiming a preference for the bid, identified below. 2. (Initial) Firm's original business certification was based on proof that firm owner was low or very low income. Firm owner's current family income meets the definition of a very -low or low- income household. 3. (Initial) Said firm certifies, below, with the firm president's signature, that the full-time employee composition, and the ratio of S-3 full-time employees to non-S-3 employees continues to be at least 30% or higher. 4. (Initial) Said firm has attached Document 00452, "Employee List". This list includes all current employees and is back-up for item no. 3 above. 5. (Initial) Said firm has attached, for each new S-3 employee (hired since original business certification date shown under item one above, if this proof has not previously been provided to MDPHA Office of Compliance staff), Documents 00401, "Resident or Employee Preference Claim" and 00402, "Household Income Verification", or other applicable documentation, to demonstrate whether any new employees who have been hired after date of business certification meet the definition of a low or very -low income Miami -Dade family (based on household size and family income). If items 4 and 5 above are initialed by bidder and/or applicable to bidder, bidder must attach the listed S-3 documentation. FAILURE TO DO SO SHALL INVALIDATE BIDDER'S S-3 BUSINESS PREFERENCE CLAIM. BID NUMBER BID NAME FIRM NAME (Please print or type) PRESIDENT'S NAME (Please print or type) PRESIDENT'S SIGNATURE: PHONE AND FAX NUMBERS: DATE: ]07 Coral Way Community Center Bid No.: 11-12-053 B-30365E SUPPLEMENT TO BID FORM: SECTION 3 ECONOMIC OPPORTUNITY PLAN QUESTIONS (Page 1 of 3) 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 may be used following the same format and numbering. The Section 3 Economic Opportunity Plan, as described in Exhibit A, must describe the proposed strategies for achieving the Section 3 training and employment numerical goals, and subcontracting numerical goals (where subcontracting is allowable in the Bid.) Please review the information below, and provide your responses on separate paper. (A Section 3 Economic. Opportunity Plan Instruction Sheet is attached to further assist you in developing your responses to the information requested below.) 1. Identify individual(s) responsible for planning, implementing and tracking the Project's Section 3 training and employment goals. Describe their prior experience in this area. 2. Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate, and hire public housing and other low-income persons. Identify any private or public resources that will be used. 3. Describe contractor's activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting Section 3 subcontractors, where applicable. 4. Describe plans to structure project activities in ways that create opportunities for Section 3 firms' participation, where applicable. YOUR RESPONSES TO QUESTIONS 1-4, WILL CONSTITUTE YOUR PLAN; PLEASE ATTACH YOUR PLAN DOCUMENT AND ALSO INCLUDE THE FOLLOWING INFORMATION ON YOUR PLAN: (1) COMPANY NAME (2) YOUR NAME AND PHONE NUMBER (3) BID NUMBER AND NAME. 108 Coral Way Community Center Bid No.: 11-12-053 B-30365E SAMPLE PLAN QUESTIONS PLEASE RE -TYPE YOUR OWN FIRM'S PLAN ON YOUR FIRM'S STATIONERY FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER Question #1 Identify individuals responsible for planning, implementing, and tracking the Project's Section 3 training and employment goals. Describe their prior experience in this area. The individual responsible for planning, implementing and tracking the Project's Section 3 training and employment goals is John Doe, President (or the appropriate title of this individual), of name of firm (hereafter referred to as "Contractor"). He (or she) will obtain all pertinent information to become thoroughly familiar and ensure Contract compliance with the HUD Section 3 Regulation. John Doe has worked on construction (or service, whichever is applicable) projects, and is qualified to administer Contractor's Section 3 Economic Opportunity Plan (Plan.) Question #2 Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate and hire public housing and other low-income persons. Identify any private or public resources that will be used. The employment goal is thirty percent (30%) of the aggregate number of new hires. Contractor will take the following steps to recruit, solicit, encourage, facilitate and hire public housing and other low-income persons, in the event any vacancies occur throughout the duration of the Project: 1. Meet withresident associations and managers at the public housing site where work is to take place, first, and second, at other public housing sites. 2. Schedule a time and place for public housing residents to complete job applications. 3. Develop a list of "pre -qualified" Section 3 public housing and other low-income residents who could fill job vacancies that may later become available. 4. Send notices about Section 3 training and employment obligations and opportunities required for this Project to labor organizations. 5. Establish a training program to provide public residents and other low income residents with the opportunity to learn basic skills and job requirements. 6. Advertise in major and community newspapers and on job sites for workers who meet the definition of a Section 3 resident. Contractor will establish files to record and retain written documentation of all training and employment outreach efforts and resources from agency representatives and job applicants. 109 Coral Way Community Center Bid No.: 11-12-053 B-30365E Question #3 (ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT) Describe the contractor's activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting Section 3 subcontractors, where applicable. Contractor will take all feasible measures to recruit, solicit, encourage, facilitate, and select qualified Section 3 business subcontracting firms to perform at least 10% of the project award amount (contract sum) for each CITY OF MIAMI project for which Contractor is the successful bidder. Contractor will request the organizations, listed below, to provide lists of firms, organized by trade category, which can perform required Project Work (in addition to these organizations, Contractor may also contact other organizations that provide such listings): 1. Miami Works 2. Contractor's Resource Center 3. Small Business Administration 4. Minority Business Development Center Contractor understands that, in addition to awarding work to qualified Section 3 businesses, it is our responsibility to: 1. Use the contractor's or firms solicitation letter to advertise to the "greatest extent feasible" to all firms on lists provided to us by the City and other organizations about the type of work needed to complete each City project, 2. Advise firms of Contractor's obligation to seek and award work to qualified Section 3 businesses, where feasible, 3. Clarify the definition of a Section 3 resident and business, 4. Explain how to qualify as a Section 3 business in order to be eligible to receive a preference from Contractor when subcontractor work is to be awarded, and 5. Provide Section 3 certified firms that are qualified to perform Work with an opportunity to submit price quotations for City Project Work, and where financially feasible, hire such firms as subcontractors. Documentation of Outreach to find Eligible Section 3 Subcontracting Firms 1. Contractor will establish files to record and retain written documentation of all outreach efforts and responses received from organizations and subcontractors who are contacted. 110 Coral Way Community Center Bid No.: 11-12-053 B-30365E 2. Contractor will fax the City solication notice to all firms that these organizations identify, based on each category of Work required for each Project. 3. Contractor will provide City with copies of its facsimile receipts to each of the organizations listed in its Plan and their responses. 4. Contractor will provide City with copies of its facsimile receipts and responses received from every firm that is faxed for each City Project. 5. Contractor will provide City with an outreach close-out letter for each Project awarded that refers to an attached outreach summary report. If Contractor is unable to meet City's requirement to contract at least 10% of the award amount to Section 3 businesses, Contractor will include in its close-out letter an explanation as to why this requirement was not met. 6. The outreach summary report, referred to in No. 5, above, will list all contacts made to each organization or association, the individual firms subsequently contacted, categorized by trade, and the bid amount or other type of responses received from each firm (similar to the sample outreach summary report attached to Contractor's Plan.) 7. If a firm is non -responsive, Contractor agrees to make a second attempt at getting them to respond, failing which, Contractor will move on to another company, all of which will be submitted to the City, and referred to in the outreach close-out letter and summary report. Question #4 (ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT) Describe plans to structure Project activities in ways to create opportunities for Section 3 firms to participate, where applicable. Contractor will make every effort to structure project activities to increase opportunities for Section 3 businesses. This will be accomplished by sub -dividing the work into smaller amounts, or by using multiple firms to complete similar types of work. Submitted by: Submission Date: President Name, President 111 Coral Way Community Center Bid No.: 11-12-053 B-30365E FORM A INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY (if applicable) If the Proposer is submitting as a joint venture, please be advised that this form 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: 112 Coral Way Community Center Bid No.: 11-12-053 B-30365E (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 all material 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: (Attach JN agreement) 113 Coral Way Community Center Bid No.: 11-12-053 B-30365E Executive Order 11246, As Amended Executive Order 11246 - Equal Employment Opportunity SOURCE: The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964-1965 Comp., p.339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part 1- Nondiscrimination in Government Employment [Part 1 superseded by EO 11478 of Aug. 8, 1969, 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803] Part 11 - Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A - Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. [Sec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart B - Contractors' Agreements SEC. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government, contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advancements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 114 Coral Way Community Center Bid No.: 11-12-053 B-30365E (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of. Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor win take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203. Each Contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his Subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the Contractor and each Subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. 115 Coral Way Community Center Bid No.: 11-12-053 B-30365E (b) Bidders or prospective Contractors or Subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed Subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the Contractor or Subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the Contractor, the Contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. (d) The Secretary of Labor may direct that any bidder or prospective Contractor or Subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective Contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontracts, or purchase orders (1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specified tier. 116 Coral Way Community Center Bid No.: 11-12-053 B-30365E (c) Section 202 of this Order shall not apply to a Government Contractor or Subcontractor that is a religious corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such Contractors and Subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a Contractor that are in all respects separate and distinct from activities of the Contractor related to the performance of the Contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposes of this Order: and provided further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order." [Sec. 204 amended by EO 13279 of Dec. 16, 2002, 67 FR 77141, 3 CFR, 2002 Comp., p. 77141 - 77144] Subpart C - Powers and Duties of the Secretary of Labor and the Contracting Agencies SEC. 205. The Secretary of Labor shall be responsible for securing compliance by all Government Contractors and Subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. [Sec. 205 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 206. The Secretary of Labor may investigate the employment practices of any Government Contractor or Subcontractor to determine whether or not the contractual provisions specified in Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government Contractor or Subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec. 206 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 207. The Secretary of Labor shall use his/her best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other 117 Coral Way Community Center Bid No.: 11-12-053 B-30365E appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. [Sec. 207 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 208. The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearings in accordance with Subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any Contractor from further Government contracts under Section 209(6) shall be made without affording the Contractor an opportunity for a hearing. Subpart D - Sanctions and Penalties SEC. 209. In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may: (1) Publish, or cause to be published, the names of Contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the Contractor or Subcontractor to comply with equal employment opportunity provisions of the Contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the Secretary of Labor. 118 Coral Way Community Center Bid No.: 11-12-053 B-30365E (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any non -complying Contractor, until such Contractor has satisfied the Secretary of Labor that such Contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the Contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a) (2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a) (5) of this Section. [Sec. 209 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 210. Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty days, the Secretary may take the action directly. [Sec. 210 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] SEC. 211. If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective Contractor unless the bidder or prospective Contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec. 211 amended by EO 12086 •of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 212. When a contract has been cancelled or terminated under Section 209(a)(5) or a Contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the Contract provisions specified in Section 202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of the United States. [Sec. 212 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart E - Certificates of Merit SEC. 213. The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfiedthat the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. 119 Coral Way Community Center Bid No.: 11-12-053 B-30365E SEC. 214. Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor if the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. SEC. 215. The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part lilt - Nondiscrimination Provisions in Federally Assisted Construction Contracts SEC. 301. Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the Contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon Contractors and Subcontractors by the Secretary of Labor pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a Contractor debarred from Government contracts under Part II, Subpart D, of this Order. [Sec. 301 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 302. "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it 120 Coral Way Community Center Bid No.: 11-12-053 B-30365E includes such an applicant after he/she becomes a recipient of such Federal assistance. SEC. 303. The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency is directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. (b) In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an applicant pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. [Sec. 303 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 304. Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities .with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, That actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder. Part IV - Miscellaneous SEC. 401. The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec. 401 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 402. The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." 121 Coral Way Community Center Bid No.: 11-12-053 B-30365E SEC. 403. Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President's Committee on Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p, 264] SEC. 404. The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. SEC. 405. This Order shall become effective thirty days after the date of this Order. 122 Coral Way Community Center Bid No.: 11-12-053 B-30365E Federal Wage Rates — FL 325 General Decision Number: FLI30027 0I/04/20I3 FL27 Superseded General Decision Number: FL20I20027 State; Florida Construction Type: Building County: Miami -Dade County in Florida. BUILDING C003T0JCzzON PROJECTS (does not include single family homes or apartments up to and including-4 stories). .Modification Number Publication Date O 0I/04/20I3 CARP0079-00I 04/0I/2009 Rates . Fringes CARPENTER (Form Work Only) $ 22.20 6.67 ELEC0349-001 09/05/20I1 Rates Fringes ELECTRICIAN, Includes Installation of ov8C/Tempezatuco Controls Electrical contracts including mateiaIo that are over $2,000,000 $ 30,1I 8.96 Electrical contracts including materials that are under $2,000,000 $ 27.15 8.04 oLEv007I-00I 01/01/2012 Rates Fringes ELEVATOR MECHANIC $ 38.84 23'535+a FOOTNOTE: A: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 omotbo to 5 years of service as vacation Pay Credit; raid Holidays: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. ENGI0487-00I 0I/0I/2010 Rates OPERATOR: Backhoe/Exoavatoz $ 2I.00 OPERATOR: Concrete Pump, ' Truck Mounted Trailer Mounted $ 20.44 Truck Mounted $ 26.21 OPERATOR: Crane All Cranes Over 15 Too 8,75 8.75 8.75 123 Coral Way Community Center Bid No.: 11'12-063 Capacity; Boom Truck $ 28'05 8'75 Yard Crane, Hydraulic Crane, Cpaoity 15 Ton and Under; Boom zzocb $ 21.00 8.75 OPERATOR: Mechanic $ 2I.00 8,75 OPERATOR: Oiler $ 20.00 8,7.5 IRom0272-003 I0/0I/2011 Rates Fringes IRONWORKER, ORNAMENTAL, p8I00565-005 08/01/20I0 Rates Fringes PAINTER: Roller, Spray, and Steel (Excludes Drywall Finishing/Taping) $ I6.00 6.20 ` SFFLO821-00I 07/0I/2012 Rates Fringes SPezmoLon rzzzEa (Fire Sprinklers) $ 27,93 16.44 SBEE0032-003 0I/0I/2009 Rates Fringes seEErnErAL WORKER (HnAC Duct Installation) $ 24.42 11.36 ° SorL2009-023 05/22/2009 Bates Fringes BRICKLAYER $ 18.93 0.00 caarEmcEa, Includes Acoustical Ceiling Installation (Excludes ozywmII Hanging, and Form Work) $ 15.54 0,00 CEMENT MASON/CONCRETE szmzSoEn..'$ 11.13 0.00 DRYWALL HANGER $ 14.00 0.57 FENCE ERECTOR $ I0,00 0.00 FLOOR LAYER: Carpet $ I9,00 2.10 GLAZIER $ 16.89 2.69 HVAC MECHANIC (8YAC Pipe Installation) $ 16.19 2.48 8v8C MECHANIC (HvAC System Installation Only) $ 17.91 2'64 INSTALLER - OVERHEAD DOOR $ I4,40 8.00 LABORER: Asphalt Raker $ I0,40 0.00 124 Coral Way Community Center Bid Mp.:11-12'853 LABORER: Asphalt Shoveler $ 7.88 0.00 LABORER: Common or General $ 9.85 0.00 LABORER: Concrete Saw (Hand Held/Walk Behind) $ 12.63 0.00 LABORER: Mason Tender - Brick$ 10.75 0.00 LABORER: Mason Tender - Cement/Concrete $ 12.83 1.90 LABORER: Pipelayer $ 13.87 1.58 LABORER: Roof Tearoff $ 8.44 0.00 LABORER: Landscape and Irrigation $ 10.00 1.60 MECHANICAL INSULATOR, Including Duct and Pipe $ 13.98 2.07 OPERATOR: Asphalt Spreader $ 11.41 0.00 OPERATOR: Bulldozer $ 16.21 0.00 OPERATOR: Distributor.. . $ 12.37 0.00 OPERATOR: Forklift $ 14.00 0.00 OPERATOR: Grader/Blade $ 13.73 0.00 OPERATOR: Loader $ 16.00 2.82 OPERATOR: Paver $ 12.75 0.00 OPERATOR: Roller $ 10.94 0.00 OPERATOR: Screed $ 13.05 0.00 OPERATOR: Tractor $ 9.91 0.00 OPERATOR: Trencher $ 11.75 0.00 PAINTER: Brush, Includes Drywall Finishing/Taping $ 13.72 2.22 PIPEFITTER, Excludes HVAC Pipe Installation $ 17.85 2.54 PLASTERER $ 15.05 0.00 PLUMBER, Excludes HVAC Pipe Installation $ 20.00 1.37 ROOFER, Includes Built Up, Hot Tar, Modified Bitumen, 125 Coral Way Community Center Bid No.: 11-12-053 B-30365E Shake & Shingle, Single Ply, Slate, & Tile Roofs (Excludes Installation of Metal Roofs) $ 13.59 0.00 ROOFER: Metal Roof $ 17.10 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 15.62 2.03 TILE SETTER $ 16.50 2.10 TRUCK DRIVER: Dump Truck $ 10.00 0.00 TRUCK DRIVER: Lowboy Truck $ 13.78 0.00 TRUCK DRIVER: 3 Axle Truck $ 10.50 0.80 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. 126 Coral Way Community Center Bid No.: 11-12-053 B-30365E Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.6 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage 127 Coral Way Community Center Bid No.: 11-12-053 B-30365E payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 128 Coral Way Community Center Bid No.: 11-12-053 B-30365E EXHIBIT A SECTION 3 REQUIREMENTS ASSURANCE STATEMENT Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project, shall sign the Section 3 Assurance of Compliance Form in Exhibit C. The lowest bidder will be required to complete this form as a condition precedent to award and/or contract execution. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan, which shall: • Set forth the approximated number and dollar value of all contracts proposed to be awarded to all businesses within each category (type or profession) over the duration of the Section 3 covered project. • Analyze the information set forth in paragraph (a) and the availability of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. • Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This program should include but not be limited to the following actions: o Insertion in the bid documents, if any, of the affuiiiative action plan of the applicant, recipient, contractor, or subcontractor letting the contract; and o Identification within the bid documents, if any, of the applicable Section 3 project area. o Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide, prior to the signing of the contract, a preliminary statement of work force needs (skilled, semi -skilled, unskilled labor and trainees by category) where known; where not known, such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. 129 Coral Way Community Center Bid No.: 11-12-053 B-30365E Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall advise prospective contractors of the requirements of these regulations. Applicant, recipient and contractors should insert plan for utilization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment. to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents (Section 3 residents). 130 Coral Way Community Center Bid No.: 11-12-053 B-30365E EXHIBIT B OMB Circular A-110 Appendix A Contract Provisions All CDBG funded contracts and subcontracts including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - Required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-i) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - . Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 131 Coral Way Community Center Bid No.: 11-12-053 B-30365E 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of 'not less than 1 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement . Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 ct seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti -Lobbying Amendment. (31. U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 132 Coral Way Community Center Bid No.: 11-12-053 B-30365E Federal Labor Standards Provisions U.S. Depaahoerd of Housing and urban Developu.urrt Office of Labor Relations Applicability The Protect or Program to rhicn the construction wort covered by this contrail pertains Is being assisted by the United States of America and the following Federal Labor Standards Provisions are Included In this Contract pursuant to the provisions applicable to such. Federal assistance. A. 1. )l) Kinimum Wages. All laborers and mechanics employed or working upon the she of the wart, will be paid unconditionally and not less omen than once a week., and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations Issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at Ilene or payment computed al valesnot less than (nose contained In the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to existbetween the contractor and such laborers and mechanics. Contributions made or costs reasdnabty anticipated Tor bona Tide fringe benefits under Section l(b)(2) of the Davis -Baton Act on behatr of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5ta)(1)(Iv); also,regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs. Which cover the particular weekly period. are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shall De paid the approprtate wage rate and fringe benefits on the wage delermination for the classification of wort actually performed, without regard to still. except as provided m 29 CFR 5.5(a)(4)_ Laborers or mechanics performing Wont In more than one classmcanon may be compensated at the rale specified Tor each classification for the time actually worked therein: Provided. That the employers payroll records accurately set forth the time spent In each classification In which wort Is performed: The wage determination (Including any addltlonal classification and wage rates conformed under 29 CFR 5.5(2)(1)(11) and fire Davis -Bacon poster (WH- 1321) shall be posted at all limes by the contractor and Its subcontractors al the site of the wort In a prominent and accessible. place where It can be easily seen by the workers. VI) (a) Any class of laborers or mechanics Which 15 not listed In the wage determination and which Is to be employed under the contract shalt be classified In conformance with the wage determination. HUD shall approve an additional ctassllicatlon and wage rate and mnge benefits therefor only when the following crtteria have been met: (1) The wort to be performed by the classification requested Is not performed by a crasslncatlon in the wage determination; and (2) Tne classification Is utilized In the area by the construction Industry; and (3) The proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage deterrnlnatian. (b) If the contractor and hie laborers and mechanics to be employed In the classnccatlon (IT tnown), or their representatives. and HUD or Its designee agree on the classification and wage rate (including the amount designated for hinge benefits where appropriate). a report or the action taken shall be sent by HUD or Its designee to Isle Administrator of the Wage and Hour Division. Employment Standards Administration. U.S. Department of Labor, Washington, D.C. 20210. The Administrator. or an authortzed representative, will approve, modify. or disapprove every additional ctasstnoation action within 30 days of receipt and so advise HUD or its designee or will notify HUD or Its designee within the 30-day period that a.ddluonal time Is necessary. (Approved by the Mice of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed to Me classification or their representatives. and HUD or Its designee do not agree on rile proposed classification and wage rate (Including the amount designated for fringe benefits, where appropriate). HUD or its designee shall refer the questions, including the views oT all Interested parties and the recommendation of HUD or Its designee, to the Administrator Tor determination_ The Administrator. or an authorized representative. w111 Issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period thal additional time Is necessary. (Approved by the O1TIce of Management and Budget under OMB Control Number 1215-0140.1 (d) The Wage rate (incxudmg mnge benefits where appropriate) determinedpursuant to subparagraphs (1)(ll)(b) or (c) of this paragraph, shall be paid to all workers performing wort In the classmcallon under this contract from the first day on whim wort Is performed In hie classification. (Ili) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics Includes a fringe benefit which Is not expressed as an hourly rate. the contractor shall either pay the benefit as stated In the wage determination or shall pay another bona Ole twinge benefit or an hourly cash equivalent thereof. (iv) If the contractor does not mate payments to a trustee or other third person. the contractor may consider as part Previous eWMl= are obsolete Page 1 or 5 form HUD 4010 lam) let. Harrollo0t 1344.1 133 Coral Way Community Center Bid No.: 11-12-053 B-30365E of the wages of any laborer or mechanic the amount of any costs reasonably anticipated to providing bona Tide fringe benefits under a plan or program. Provided. That the Secretary or Labor has round, upon the written requesl or the contractor, that the applicable standards of the Davis - Bacon AN have been met. The Secretary of Labor may requtre the contractor to set aside In a separate account assets for the meeting of obligations under the plan or program_ {Approved by the Once of Management and Budget under OMB Control Number 1215-D140.) L Withholding. HUD or Its designee shad upon its own action or upon written request or an authorized representative of the Department or Labor withhold or cause to be withhetd from the contractor under this contract or any other Federal contract with the same prime contractor. or any other Federally-assistedcontract subject to Davis -Bacon prevailing wage requirements. which I6 held by the same prime contractor so much: 0f the accrued payments of advances as may be considered necessary to pay laborers and mechanics, Including apprentices, trainees aria helpers, emptoyed by the contractor or any subcontractor the full amount of wages requtred by the contract 1n the event or failure to pay any taborer or mechanic, including any apprentice. trainee or helper, employed or worttng on the site oT the wort, all or part of the wages required by the contract. HUD or Its designee may. after written notice to the contractor. sponsor. applicant, or owner, late such action as may be necessary 10 cause the suspension of any further payment, advance. or guarantee of funds until such violations have ceased. HUD or Its designee may. after written notice to the contractor, dlsburse such amounts withheld Tor aid on account of the contractor or subcontractor to the respective employees to whom they are clue. The Comptroller General shall mate such disbursements In the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and ba61e records. Payrolls and basic records relating thereto shall be maintainedby the contractor during the course of the wort preserved Tor a period or three years thereafter for all laborers and mechanics working at the slte of the won. Such records shall contain the name, address. and 60cta1 security number of each such worker, h16 or her correct classification. hourly rates of wages paid (Including rates of contributions or costs anticipated for bona Tide fringe benefits or cash equivalents thereof of the types described In Seelloh I(b)(2)(11) or the Davis -bacon Act), darly and weekly number of hours worked, deducttons made and actual wages paid. Whenever the Secretary of Labor Mao found under 29 CFR 5.5 (a)(1)(Iv) that the wages oT any laborer or mechanic Include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis - Bacon Act the contractor shall maintain records which show that the commitment to provide such benefits Is enforceable, that the plan or program Is financially responsible. and that the plan or program has been communlcated In writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost Incurred In providing such benefits_ Contractors employing apprentices or trainees under approved programs shall matntaln written evidence of the registration of apprenticeship programs and certification of trainee programs. the registration of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017. ) (II) (s) The contractor shall submit weekly for each week In which any contract work Is performed a copy of all payrolls to HUD or its designee if the agency Is a party to the contract. but If the agency Is not such a party. the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be. Tor transmission to HUD or Its designee_ The payrolls submitted shall set out accurately and completely all of the Information required to be maintained under 29 CFR 5.5(2)(3)(I) except that Tun social security numbers and home addresses shall not be Included on wetly transmittals. Instead the payrolls shall only need to Include an Individually Identifying number tor each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll Information may be submitted In any form deslred. Optional Form WH-347 is available for this purpose from Inc Wage and Hour Division Web site al artarffeww_dot_rravfesa'waG.4wmsJwn347h l2tr.Wm ar Its successor Ole. The prime contractor 16 responsible Tor the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social secirrrty number and current address of each covered worker. and shall provide them upon request to HUD or Its designee If the agency Is a party to the contract, but if the agency is not such a party. the contractor will submit the payrolls to the applicant sponsor. or owner. as the case may be. Tor transmtsslon to HUD or Its designee. the contractor, or the Wage and Hour Division cif the Department of Labor for purposes of an investigation or audtt of compliance with prevailing wage requirements. It is nal a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social 6edurfty numbers to the prime contractor for Its own records, without weekly submission to HUD or Its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a -Statement of Compliance,' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall Denny the following: (11 That the payroll Tor the payroll period contains the Information required to be provided under 29 CFR 5.5 (a)(3)(11), the appropriate tnformalton Is being maintained under 29 CFR 5.5(a)t3)(I), and that such Information Is correct and complete; Previous ellaans are obsolete TOM HUD-4010 (05.24:19) Page 2 of 5 ref_ Handbool 1344.1 134 Coral Way Community Center Bid No.: 11-12-053 B-30365E (21 That each laborer or mechanic (including each helper. apprentice, and trainee) employed on the contract during Ile payroll period has been pall hie full weekly wages earned, without rebate. either directly or Indirectly, and that no deductions have been made etther directly or Indirectly from the Tull wages earned. other than permissible deductions as set forth Ili 29 CFR Part 3; (31 That each laborer or mechanic has been paid not less Uhan the applicable wage rates and fringe benefits or cash equivalents for the ctasstficatton of wort performed. as specmed In the applicable wage delerminatlon Incorporated Into the contract. (e} The weekly submission oT a property executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the 'Statement of Compliance' required by subparagraph A.3.(It)(b). (d} The falslllcation of any of the above certifications may subject Me contractor or subcontractor 10 civil or criminal proseoutldn under Section 1001 or Title 111 and Section 231 of Title 31 of the United Slates Code. (11H) The contractor or subcontractor shall mate the records required under subparagraph A_3.(1) available for Inspection, copying. or transcription by autliortzed representatives of HUD or tts designee or the Department of Labor, and shall permtt such representatives to Irrtervlew employees during working hours on the job. If the contractor or subcontractor falls to submit the required records or to mate them avaitable, HUD or 116 designee may, after written notice to the contractor, sponsor. applicant or owner, tate such action as may be necessary to cause the suspension of any further payment, advance. or guarantee of funds. Furthermore, failure to submit the required records upon request or to mate such: records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (1) Apprentices. Apprentices will be permrtted 10 wort al less than the predetermined rate for (he wort they performed when they are employed pursuant to and miNldually registered In a bona fide- apprenticeship program registered with the U.S. Department of Labor. Employment and TrainingAdministration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprentloeshlp Agency recognized by the ORlce, or If a person le employed In his or her first 90 days or probationary employment as an apprentice In such an apprenticeship program. who Is riot Individually registered In the program, but who has been certified by the txnce or Apprenticeship Training. Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to De eligible Tor probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the Job site In any craft ctassticatlon shall not be greater than the ratio permitted to the contractor as to the entire wort force under the registered program_ Any warier listed on a payroll at an apprentice wage rate. who Is not registered or otherwise employed as slated above. Mall be paid not less than the applicable wage rate on the wage determination for the ciasslhcatlon oT wort actually performed. In addition. any apprentice performing wort on the Job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the wort actually performed_ Where a contractor is performing conelructlon on a project In a locality other than that In which Its program Is registered, the ratios and wage rates (expressed In percentages of the journeyman's hourly rate) epecttled In the contractors or suboontractors registered program shall be observed. Every apprentice must be paid at -not less than the rale specified in the registered program for the apprentice's level or progress, expressed as a percentage of the Journeymen hourly rale specified In the applicable wage determination. Apprentices shall be paid fringe benefits In accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the f1111 amount of fringe benefits listed an the wage determination for the applicable classmcatlon_ If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that determination. In the event the Oftoe of Apprenticeship Training, Employer and Labor Services. or a State Apprenticeship Agency recognized by the Office. withdraws approval of an apprenticeship program. the contractor will no longer be permitted to utilize apprentices of less Than the applicable predetermined rate for the wort perrormed until an acceptable program is approved. el) Trainees_ Except as provided in 29 CFR 5.16. trainees will not be permitted to wort at less than the predetermined rate for the wort performed unless they are employed pursuant .to and Individually registered In a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor. Employment and Training Administration. The rata of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by. the Employment and Tralnmg Administration. Every trainee must be pall at not less than the rale specltted In the approved program for the trainee's level of progress, expressed as a percentage oT the journeyman hourty rale specified In the applicable wage determination. Trainees shall be paid fringe benefits In accordance with the provisions of the trainee program. IT the trainee program does not mention fringe benefits. trainees shall be paid tie full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Dlvistan determines that (here Is an apprentiCesnlp program associated with the correepanding journeyman wage rate on the wage determination witch provides Tor less than Nil fringe benefits far apprentices. Any employee listed on the payroll al a trainee rate who Is not registered and participating In a training plan approved by Previous edbprs are reunite Page 3 dr 5 term HUD-4010 (06R039j t>3 Haaffiord 13441 135 Coral Way Community Center Bid No.: 11-12-053 B-30365E the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the wort actually performed_ In addition, any trainee performing wort an 1he Job slte In excess or the ratio permitted under the registered program shall De paid not less than the applicable wage rate on the wage determination for the wort actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate Tor the wort performed until an acceptable program 1s approved. (111) Equal employment opportunity_ The utilization or apprentices, trainees and Journeymen under 29 CFR Pal 5 shall be In conformity with the equal employment Opportunity requirements or Executive Order 11245. as amended. and 29 CFR Part 30_ 5. Compliance with Copeland Act requlremanta_ The contractor shad comply with the requirements oT 29 CFR Part 3 which are Incorporated by reference In this contract C. Subcontracts. The torch -actor or subcontractor will Insert In any subcontracts the clauses containedIn subparagraphs 1 through 11 In this paragraph A and such. other clauses as HUD or Its designee may by approprtate Instructions require, and a copy of the applicable prevailing wage dectslan, and also a clause requiring the subcontractors to Include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for the cornpilartce by any subcontractor or lower tier subcontractor with all the contract clauses In thls paragraph. 7. Contract termination; debarment. A breach of the conlraot clauses in 29 CFR 5.5 may be grounds Tor termination of the contract and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. L Compliance with Devta$acon end Related Act Requirements. All rulings and interpretations of the Davls-Bacon and Related Acts contained 1n 29 CFR Parts 1. 3. and 5 are herein Incorporated by reference In this contract 5. Dispute' concerning -labor standards_ Disputes arising out of the labor standards provtslons of thls contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures or Ole Department of Labor set Torth In 29 CFR Parts 5, 6. and 7. Disputes within ale meaning Or this Crouse Include disputes belw'een the contractor (or any or Its subcontractors) and HUD or Its designee, the U.S. Department of Labor, or the employees or their representatives. 10. II) Certification of Eligibility_ By entering Into this contract the contractor ceritfles that neither It (nor he or she) nor any person or firm who has an Intereet En the contractors firm Is a person or firm Ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (11) No part of this contract shall be subcontracted to any person or firm Ineligible for award or a Government contract by virtue of Section 3(a) of the Davis -Bacon Acl or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (lit) The penalty for mating false statements is prescribed In the U.S. Criminal Code, 16 U.S.C. 1001. Additionally. U.S. Criminal Code. Section 1 01 0, Title 11. U.S.C., 'Federal Housing Administration transactions'. provides In pan: 'Whoever, for the purpose of ... influencing In any way the action of such Administration mates, utters or publishes any statement Knowing the same to be false shall be fined not more than 55,000 or Imprisoned nbl more than two years, or both.' 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage. salary, or other labor standards provisions 01 this Contract are applicable shall be discharged or In any other manner discnminateo against by the Contractor or any subcontractor because such employee has flied any complaint or Instituted or caused to be Instituted any proceeding or has testified or Is about to lestffy In any proceeding under or relating to the labor standards appitcabie under this Contract to his employer. B. Contact Wort limes and Safety Standafda Art me provisions of this palagiaph B are apptcable where the artimt of the prime contract exceeds $100,01. As used In 111h paragraph, Ole terns labare6' and iltet]131hs• Include watchmen and guards. (1) Overtime requirements. No c ntra r Dr slDcmtractor connoting Tar any part of the contract wart which may requre or Involve the enploymeol, of Iaudrers or mechanics ratan require or petlM any such laborer 01 mehatic to any wort in which the 9ldiv1Oual Is err,p0ry5d on such wart to stet b1 excess or 40 hours In such w11rh1R_'et unless such laborer or medhanlc relewes compensation a a rale not less t1r31 one art one -ter Ones the basic lade or pay Tor al Incas dated in excels of 4D boas N slat wdrtweet. (2) Violation: liability for unpaid wages; liquidated -damagea.- to the event of any violation oT the clause set forth In subparagraph (1) of this paragraph. the contractor and any subcontraclor responsible therefor shall be [labile for the unpaid wages. 1n addition, such contractor and subcontractor shall be liable to the United States (In the rase or wort done under contract far the Dtstilcl Or Columbia or a territory, In such District or to such lerntory), Tor llqulldated damages. Such liquidated damages shall be computed tan respect to each Individual laborer ar mechanic. Including watchmen and guards. employes In violation or the clause set forth In subparagraph (1) of this paragraph, In the son of 510 for each calendar day on With such axnMntd was regLlred or Minted tD wilt In mess or the standard workweek td 4D limas mahout payment of the ovwOrre wages required by the clause set forth In sub paragraph (1) of this paragraph. Prevlalrs ednfaars are obsaleie Page 4d5 teal HLLD.4010 {06,21399) ref. handbook 1344.1 136 Coral Way Community Center Bid No.: 11-12-053 B-30365E (31 Witbhoiding for unpaid wages and liquidated damages. HUD or Its designee shall upon tts own action or upon widen request of an authorized representative of Ille Department or Labor withhold or cause to be wtthheld, from any moneys payable on account of wort performed ty the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federarly-assisted contract subject to the Contract Wort Hours and Safety Standards Act which Is held by the same prime contractor such sums as may be determined In be necessary to eatlaey any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as prodded In the clause set forth In subparagraph-(2) or this paragraph. (41 5ubcontracta. The contractor or subcontractor shall Insert In any subcontracts the clauses set forth In aubparagraph (1) through (4) or this paragraph and also a clause requiring the •subcontractors to tnciude these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier eubeontraclor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The prbrsIms or bas paragraph C are apple where the anounl of the prime coital meads $11 (11 No laborer or mechanic shall be required to wort In surroundings or under worting conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor snail comply with all regulations Issued by the Secretary of Labor pursuant to Title 29 Part 1925 and failure In comply may result In Imposition or sanctions pursuant to the Contract Wort Hoore and Safety Standards Act. (Public Lac 91-54. 83 Stal 95)_ 40 USC 3701 et seq. (3) The oontraclor shall Include the provisions of this paragraph In every subcontract so that such provisions will be binding on each subcontractor. The contractor shall tale such action wtth respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such prowlslons. PrevIola coins are obboiete form HUD-4019 (0& 9) Page 5 0'5 ref Haldboot 1344.1 137 Coral Way Community Center Bid No.: 11-12-053 B-30365E EXHIBIT C FORMS REQUIRED PRIOR TO AWARD (Additional forms may be required) 138 Coral Way Community Center Bid No.: 11-12-053 B-30365E ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968) The following paragraphs will be included in the winning Applicant's contract with the City of Miami: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued thereunder prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued thereunder prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135 APPLICANT: SIGNATURE: ADDRESS: DATE: 139 Coral Way Community Center Bid No.: 11-12-053 B-30365E AUTHORIZED REPRESENTATIVE STATEMENT Provide the name(s) and telephone number of the person(s) who has been designated the responsibility within the following areas: POSITION Chairman of the Board Exec. Director of the Project Project Director Affirmative Action Officer Personnel Officer Fiscal Management Officer NAME TELEPHONE NUMBER 1. PERSON(S) AUTHORIZED TO SIGN CHECKS NAME: NAME: TITLE: TITLE: TELEPHONE: TELEPHONE: SIGNATURE: SIGNATURE: 2. PERSON(S) AUTHORIZED TO SIGN REIMBURSEMENT PACKAGES NAME: NAME: TITLE: TITLE: TELEPHONE: SIGNATURE: TELEPHONE: SIGNATURE: 3. PERSON(S) AUTHORIZED TO SIGN CONTRACTS NAME: NAME: TITLE: TfTLE: TELEPHONE: SIGNATURE: TELEPHONE: SIGNATURE: 140 Coral Way Community Center Bid No.: 11-12-053 B-30365E DECLARATION OF FINANCIAL INTERESTS Do you have any past due financial obligations with the City of Miami? Single Family Housing Loans Multi -Family Housing Rehab CDBG Commercial Loan Project U.S. HUD Section 108 Loan Other HUD Funded Programs Others (liens, fines, loans, Occupational licenses, etc.) If YES, please explain: YES NO 0 2. Do you have any past due financial obligations with Miami Capital Development, Inc. (MCDI)? YES 1-1 NO n If YES, please explain: 3. Are you a relative of or do you have any business or financial interests with any elected City of Miami Official, City of Miami Employee, or Member of the City's Advisory Boards? YES NO C If YES, please explain: Any false information provided on this application will be reason for rejection and disqualification of your project -funding request to the City of Miami. The answers to the foregoing questions are correctly stated to the best of my knowledge and belief. DATE: Name and Title of Authorized Representative DATE: Signature of Authorized Representative 141 Coral Way Community Center Bid No.: 11-12-053 B-30365E SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This swom statement is submitted to For By (print this individual's name and title) (print name of entity submitting statements) Whose business address is and if applicable is Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, non - jury trial, or entry of a plea of guilty or nolo contendere. 142 Coral Way Community Center Bid No.: 11-12-053 B-30365E 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). 143 Coral Way Community Center Bid No.: 11-12-053 B-30365E I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to me and subscribed before me this day of 20 Personally known Or produced identification Notary Public —State of (Type of Identification) My commission expires (Printed, typed or stamped commissioned name of notary public) APPLICANT: 144 Coral Way Community Center Bid No.: 11-12-053 B-30365E (Page.1 of 12) Submitted: City of Miami, Florida Office of the City Clerk City Hall, 1 n Floor 3500 Pan American Drive Miami, Florida 33133-5504 Section 4 - BID FORMS P0,49/f0 Date 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 pertaininid 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: 11-12-053 Title: Coral Way NET Office Remodeling - CDBG B - 30365E 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 govem. 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. 85 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-053 B-30365E 'BID FORM: (Page 2 of 12) Note: Bidders are bidding on a total lump sum basis for the purpose of determining the lowest responsive and responsible bidder. Where there is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevail. Cltv Form SU must be submitted with vour bid. The SU Form can be found posted on the CIP webpage with the bid documents. Total Lump Sum Bid Amount includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, permits, supervision, mobilization, overhead & profit required in accordance with the Bid Specifications. Item 1: BASE BID AMOUNT: Renovation of Community Center at 1300 SW 12th Ave. Item 2: ALLOWANCE FOR PERMIT FEES: $ Item 3: OWNER'S ALLOWANCE: $ TOTAL LUMP SUM BID AMOUNT (Item 1 + Item 2 + Item 3): 5.000 50,000 $ 540 000. oo e 4411�-i �`7 uauc,C -2 D©A-K_ . Writt n To I Lugiip Sum Bid Amount Item 4: ALTERNATE ADDITIVE A — Demolition of Structure at 1320 SW 12th Ave.: )OCO.op . 86 Coral Way NET Office Remodeling — CDBG Bid No.:11.12-053 B-30385E BID FORM: (Page 3 of 12) Pay Item Breakdowns Bidders must download the version of the bid Form that Is available for download at: http://www.miamigov.com/Capitallm provements/pages/ProcurementOpportunitles/Defaul t.asp. Failure to submit the Spreadsheet may result in the Bid being determined to be non -responsive. 00402 Coral Way NET Office Remodeling — CDBG - B-30365E No� Pay Item No. Paym Description Unit Q Und Unit Cost Cost o ra ( O vl re m e ti-I S ( W, 000.00 &o Q'a • tO rff N '( (00 Don.©© J� Da©•OD 0,000.0, �Ct1- ©d btu p r �± N t< MG-erne"-FS .e• l�en 4 K �t l2. Q©D•©01 .0 g.V 1 f©o•0O �06•8rs PCB Arq ©V.00 04•nl) AL(n NZ( fki S ,12, 070 -06C TOTAL BID PRICE 87 Coral Way NET Office Remodeling —CDBG Bid No.: 11-12-053 B-30365E 5000a BID FORM: (Page 4 of 12) DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: (� Addendum No. 1, Dated l-1 Addendum No. 2, Dated Addendum No. 3, Dated � 1Z'1 J Part II: Part III; Addendumt Nq. 4, ated A-71 .7Qd �,� No addendum was received i connectiorYwith this Bid. Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Affirmative Action Plan Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy: and 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; and 3. Drum 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: (i) The dangers of drug abuse in the workplace; 88 Coral Way NET Office Remodeling -CDBG Bid No.: 11-12-053 B-30365E BID FORM: (Page 5 of 12) (ii) The Bidder's policy of maintaining a drug -free workplace; (iii )Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6). 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. 89 Coral Way NET Office Remodeling —CDBG Bid No.: 11-12-053 B-30365E BID FORM: (Page 6 of 12) (3)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. 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, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 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 Bid 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/Bid had one or more public transactions (Federal, State, or local) terminated for cause or default. 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. 6. Section 3 Business Preference Claim Form (Document 00200-B) Current MDPHA certified Section 3(S-3) businesses who wish to claim a bidder's preference must also include the Section 3 Business Preference Claim Form (Document 00200-B) form in their bid, which can be found in Section 5 — Attachments, Supplement to Bid Forms. S-3 businesses must become certified at least two weeks prior to bid opening date to be eligible to claim S-3 bidder's preference. Business application requests may be faxed to MDPHA at 305-643-1773. The City of Miami may offer preference to Section 3 firms. The Section 3 business concern with the lowest responsive bid shall be given the opportunity to match the lowest responsive bid from any qualified source. If said Section 3 business concern cannot match the lowest responsive bid, then the award shall be made to the source with the lowest bidder. 90 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-053 B-30365E BID FORM: (Page 9 of 12) relate directly to the contract that was recommended by the selection committee in which the member participated and/or that was recommended by the director or his/her designee. e) Penalties. A violation of this ordinance may be punished by imposition of the maximum fine and/or penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 10. Section 3 Requirements The Bidder certifies and understands the Section 3 Requirements, as detailed in Exhibit A, and has reviewed and understands the City of Miami's Section 3 Plan, which may be viewed at http://www. miamigov.com/communitvdevelopment/Docs/Reports/Section%203%20PIan 20Approved%20by%20Commission%20on%2010%20Seot%2009.r df, and understands they must submit the Economic Opportunity Plan, as part of the Supplement to Bid Forms, with this bid submission. All Bidders must commit themselves to a goal and describe what steps will be taken to implement Section 3. Bidders will be evaluated in terms of responsiveness to Section 3. A bid which Tacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. 11. Certification of Sound Fiscal Management The Bidder, along with Bidders Chief Fiscal Officer, certifies and acknowledges that as a condition of receiving funds from the City of Miami, have the need to establish and maintain sound financial and fiscal controls and management systems. The Bidder and Bidder's Chief Fiscal Officer certify that they have established internal controls which are adequate to safeguard the assets of the agency, monitor the accuracy and reliability of accounting data, promote operating efficiency and insure compliance with prescribed policies and procedures. Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of 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 Bid 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. 93 Coral Way NET Office Remodeling - CDBG Bid No.: 11-12-053 B-30365E BID FORM: (Page 10 of 12) The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit Price Price Extended Method Tea-04 160 )6 1)00a0 4.00:00 000..0 gmt 7779 cteJJ Total $ ()t/ tX 00 Attached is a Bid Bond [�`j, Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurers Check [ ], Bank Draft [ ], Cashier's Check [ ], Bld Bond Voucher [ ] or Check [ ] No. Bank of '4=.J yr/ the sum of Dollars ($ r' l> ). 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 N 69 /!A/', Signature: 1\1� Printed Name/Title: -76- ©"Za-ele-/ 4(Sit' 1,4/7 Certified City/State/Zip: a %/�'� Telephone No.:©, IPIP J- 9t?9 • Facsimile No.:,?-lv10 E-Mail Address Social Security No. or Federal/ I.D.No.: -©ca''` ?:4 ea.6ceon6kiehAL CC Dun and 9 / - 6 / & Bradstreet No.: (if applicable) Chief Fiscal Officer Signature: Printed Name/Title: ko St cb AfT If a partnership, names and addresses of partners: 94 Coral Way NET Office Remodeling - CDBG Bid No.: 11-12-053 B-30365E BID FORM: (Page 11 of 12) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY/ C �RTIFY that at a meeting of the Board of Directors of gag bA46,5zIe VA , a corporation organized ,and existing under the laws of the State of J=/dn'4/e* , held on the /a day of 4PWoer"%, , /9'a resolutio as duly passed and adopted authorizing (Name) �®/2ge AT4l ! Z- P .. . as (Title) S.t A-l7 of the corporation to execute bids dn 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. I further certify that said resolution remains in full force and effect. IN ITNESS WHEREOF, I have hereunto set my hand this , day of a re fl , 20/�. CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , 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 remainin full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Partner: Print: 95 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-053 B-30365E BID FORM: (Page 12 of 12) CERTIFICATE OF AUTHORITY IF JOINT VENTURE) 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 AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , 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. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: NOTARIZATION STATE OF SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by , _ who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 96 Coral Way NET Office Remodeling - CDBG Bid No.: 11-12-053 B-30365E Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida County of Dade City of Miami ) ). SS KNOWN ALL PERSONS BY THESE PRESENTS, that ABC Construction, Inc. as Principal, The Guarantee Company of North America USA as Surety, are held and firmly bound unto The City of Miami, in the penal sum of Five Percent of 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 April 3 Coral Way NET Office Remodeling - CDBG 11-12-053 NOW THEREFORE: 2013 , for. (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. Coral Way NET Office Remodeling - CDBG B-30365E Bid No.: 11-12-053 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 3rd day of April , A. D.,203_, 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 Ventura, two (2) Witnesses are required. If Corporation, Secretary only attest and x seal.) By: As per Attached Pouer of Attorney By: Surety Secretary (Signature of Authorized Officer) PRINCIPAL: ABC Construction, Inc. e of Firrn) orized officer) T (Title) 7215 N.W. 7th Street Affix Seal (Business Address) Miami, FL 33128 City State Zip Surety: The Guarantee Company of North America (Corporate Surety) USA Affix Seal Charles D. Nielson Attorney -in -Fact (Title) One Towne Square, Suite 1470 (Business Address) Southfield, MI 48076 City State Zip Coral Way NET Office Remodeling - CDBG B-30365E Bid No.: 11-12-053 BID BOND FORM (Page 3 of 3) CERTIFICAT=.. AS TO CORPORATE PRINCIPAL e , certify that I am the Secretary of th Corpod on ` narn �as Principal in the within bond; that e• of said corporation; tha I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. STATE OF Florida COUNTY OF Dade City OF Miami SS (Corporate Seal) Before me, a Notary Public duly commissioned, and qualified, personally appeared Charles D. Nielson to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Ti 8 of Noah America USA, and that he/she has been authorized by of North America USA 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 this INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders 3rd day of April A. D., 2013 Notary Public, Kristi Messel to of Florida at Large My Commission Expires: November 14 2013 aiauraip, 1 a BMag B (6 a�: - it r• ° sy (r�6isnoN ° {hrsjN�� 111110 ' Coral Way NET Office Remodeling - CDBG B-30365E BId No.; 11-12-053 • •7ir£Cakellif L roMPanr,OF iiokre AlfritlCe USA THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office In Southfield, Michigan, does hereby constitute and appoint Charles J. Nielson, Charles.D. Nielson, Joseph P. Nielson, David R. Hoover Nielson and Company, Inc. — Miami Lakes Its true and lawful attorney(s)-ln-fact to execute, seal and deliver for and on Its behalf as surety, any and ell bonds and undertakings, contracts of Indemnity end other writings obligatory in the nature thereof, which are or may he allowed, required or permitted by law, statute, rule, regulation. contract or otherwise. • The execution of such Instrument(s) In pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as If the same had been duly executed and acknowledged by its regularly elected officers at the principal office, The Power of Attorney Is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, end to authorize them to execute on behalf of the Company, and attach the Sea! of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof; and 2. To revoke, at any time, any such Attorney -In -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, It Is agreed that the power and authority hereby given to the Attorney -In -Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attomey Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31' day of December 2003, of which the following Is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory In the nature thereof, and such algnature end seat when so used shall have the same force end effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this Instrument to be signed and its corporate seal to be affixed by its authorized officer, thls 10th day of November, 2009. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland On this 10th day of November, 2009 before me came the Individuals who executed the preceding Instrument, to me personally known, and being by me duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed 10 said Instrument is the Corporate Seal of said Company,; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Stephen C. Ruschak, Vice President Randall Musselman, Secretary Cynthia A. Takal IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland c My Commission Expires February 27, 2012 /Z . 1G Acting in Oakland County (�f ka., I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still In full force and effect. IN WITOESS WHEREOF, I have (hereunto set my hand and attached the seal of said Company thls 3rd day of April , 2013 Randall Musselman, Secretary 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 May Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has your company been in business under its current name and ownership? a3 (i.Ga �` • a. Professional Licenses/Certifications (include name and number)* Issuance Date GTa?e : 0 Ej 0 Le 4 00 3 2 ..ea 30E s E , /E, Arr 0,z1 r4 Cale (*Include active certifications of small or disadvantage business & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: 14 llr3%/q 9 D . c. Qualified Business License: El -Yes ID No If Yes, Date Issued: 1©/1�1/ 9 `,p of goo -I a t? 4 R. ` ��umh� •�� (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) d.�\Jame of Q glifier, lice se number, and relationship to con p ny: P, C p-za e &cj -'} Cvoo.39 - 14-P5-r .P AZT c. What is your primary business? e. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company AZ. Ale • 2. Name and Licenses of any prior companies Name of Company License No. Issuance Date 3. Type of Company: p't✓orporation ❑ "S" CorporationD LLC❑ Sole Proprietorship ❑other: co -led (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) Pj' 4. Company Ownership a. identify all owners of the company too Coral Way NET Office Remodeling - CDBG Bid No.: 11-12-053 B-30365E Name T' % of ownership -LTC �n2.cele 4-5% 411/4A1 63,72a.,4, U/ d J7 a-6. o b . Is any owner identified above an owner in another company? ❑ Yes Er No fIf y s, identify the name of the owner, other company names, and % ownership A/A c. identify all individuals authorized to sign for the company, indicating the level of their authority ( check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority Cones P& s-t4 e arr' 7 Explanation for Other: (Note: °All" 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) 5. Employee Information Total No. of Employees: >♦ 5 Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) All Cost No -Cost Other Ee ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a ❑ ❑ ❑ ❑ 0 ❑ it- N� How many employees are working under H2B visas? JD a . 6. Has any owner or employee of the company ever been convicted of a federal offense or moral tur itude: If yes, please explain: lot Coral Way NET Office Remodeling - CDBG Bld No.: 11-12-053 B-30365E 7. Insurance & Bond Information qt-1) a. Insurance Carrier name & address: r'f em ►3 P MPre -j�ya Pt r -fit L 11 01 4() ST 4-340 Orquiii FL 3D146 b. Insurance Contact Name, telephone, & e-mail: VreP n 7)UYa vn • )dvvu+n39 ea81-. tom PGA..—-*KP 4O� c. Insurance Experience Modification Rating (EMR): v Sq . (If no EMR rating please explain why) d. Number of Insurance Claims paid out//in last 5 years & value: /� J!� e. Bond Carrier name & address: Al i P/5Oil) /-/DO0er'. f` j�SD e2 47-4, S00ocoo ernar s So tc re 01 vd2,&Ie rot Olefin; 4i/ a)F—Z. ICe f. Bond Carrier Contact Name, telephone, & e-mail: Rr-14' lenlee-fP,i eiboe)Lnd s . P) .'— 9-a.)_ a4/ x// z. g. Number of Bond Claims paid out in last 5 years & value: 8. 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. o&fe 9. To the best of your knowledge is your company or any officers of your company currently under inv Ligation by any law enforcement agency or public entity. If yes, provide details: &1oLe • 10. Has your company beery liquidated damages or defaulted on a project in the past five (5) „years? Yes❑ No Ellii( If yes, provide an attachment that provides an explanation of the project and an explanation. N 1 A 11. Has your company been cited for any OSHA violations the past five (5) years. If yes, please provide an attachment including all details on each citation, 12. Provide an attachmeq listing all of the a .yipment, with a v lue $5, 00 or greater, owned by your company. f e errne FOP dco) r-oien •1s. . B. Project Management & Subcontract Details 1. Project Marta rfor this Proje t?crf) a. Name:• 2t` b. Years with Company: ( D 102 Coral Way NET Office Remodeling - CDBG Bid No.: 11-12-053 6-30365E c Licenses/Certifications: 62eE ae kJ e d. Last 3 projects with the company includi • • e, scope of Work, & ue of project: I Tam ec7-1 P�7' 2. Subcontractors: Name Trade % of Work License No, Certification* 4rT 0 IA 6ci 42:74 2 (`active certifications of small or disadvantage business & name of certifying entity) How many Subcontractor employees are working under H2B visas: • 0 kit° 3. Scope of actual construction work to be performed by your company and the corresponding percentage of ork: oes not Include such It s as urance * bonds, dum stern, ilers and r similar non -con tructIon work Items) Ct PIA. )7g 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) racE of 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes 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 owner's name , address and contact 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. oee D. Bidder's References Bidder's are to include a minimum of five (5) references from 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 103 Coral Way NET Office Remodeling —CDBG Bid No.: 11-12-053 B-30365E CORAL WAY NET OFFICE REMODELING-CDBG Name of Firm Business Phone Business Fax Address Description of subcontract work scope ATI Construction Group 786-760-6239 305-270-0002 10767 SW 104 St Miami, FL 33178 Demo, Site work Landscaping & Irrigation Florida Enginnering Glass 305-838-1586 305-635-0182 3211 NW 27th Ave Miami, fl 33142 Windows & Doors ABC Construction, Inc 305-663-0322 305-267-2403 7215 NW 7 Street Miami, FL 33126 Plumbing JOTA Mechanical Air 305-921-9341 305-328-373 14829 SW 104 ST Miami FL 3318E Air Conditioning Enterprise Electrical Contracting, lnc 305-265-2536 305-265-2455 1740 NW 69 Avenue Miami, FL 33126 Electrical discretion may allow the Bidder to submit the references after the specified date for Bid submission. 6d2 each�� 104 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-053 B-30365E SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 1) 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 t-ita rn/ pia de Peu i_z-e Pee . Address (9W-- A -hp d 4' 5- iLbei 114; , Ft Contact Person/Contract Amount viP e / *a fl #' 10931?,69. 57) • Telephone No. /Fax No.*- ki-V-.- Wra 305- 9VVr-.. ”9,c-- • 2) Company Name A--1/efrdi #A1..e 0,04€2.17 6:...<(. Address /),9- adrh 4, bq ilf les 14- 4g3i alv• ie • Contact Person/Contract Amount Telephone No. /Fax No. )ile - 469 - P-, 0- /a e75-- 129- //0 (--/eP . 3) Company Name A--X e a m 1 - AA b 111/7;174 A -I 6/41 Address IWOA/113 No 1.11 ar A---/igaiti • Contact Person(Contract Amount 0 ee_74 g etzi7j. Telephone No. IFax No. ,N).5- .11 9 4) Company Name a 0 F I DS 4 Address Al i1-,1 , i1til,ie 4111,..,1.,FL gec)-1 i Contact Person/Contract Amount )7tt d .a0 a e0 Telephone No. /Fax No. e‘W-1 -39;30/964'# 9-)-/-073q • Phg40. 649e 4 a e 4=1 4i-a r ,_____266-7- colci pewee w,,-„17/ ,e ,?-yvre ///60.00•=,/ • 105 Coral Way NET Office Remodeling - CDBG BId No.: 11-12-063 B-30365E JOHNNY MARTINEZ, P.E. City Manager To Whom It May Concern Subject: Reference Letter J Name of Bidder: a (Jt ( A/6 #.f 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: Warne of Protects C'Or.VICI17)-)rw517ezi. rc.vv Scope of wori%: 1,AtAm AL D/tom LI .A "f ' 1.1 c.7 Ad eleAtle. Value of protect: $ 4 r.1 7 12_ . CIO Dena Completed: Ft ik-F. 'Art-i' 751 Wes project completed on lime a within budget: Et Yee . No If no, was Ilia contractor nl fault or cnn1rttrulo to the delay(s) or Increased cost? ❑ Yes 0 No If yes, please provide details: Comments: 114V_F l44r`1A , - t K=�, . 1.10 Vf4.1.c,vtiA-t::rr ., , ' Thank you for yor.u' assistance In helpincr us in evaluaitrlf our lrtd solicitation. Name of IncIIvIduai fptttpIolinc1 this farm: AL -fee tvaisi1 . .; , rlErle: �i t•3 .w Signature: Telephone: CT Sincerely, Albert Sosa, Assistant Director Title: Cr°ar\6_4-p) rfo 1J 1•.4(4, L. ?.M:%�. G•maih �11 l?1tlLcY1 i �,'(r�l�, e.ltl•� 106 Coral Way NET Office Remodeling —CDBG Bid No.: 11-12-053 B-30365E 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: Naive of Projoot:EVed S.sTnrEg Ira 0, , is r(k J cf i /� a 14 f.t. Scive offwaris: i - @,l! Fr'�p r f � riti J vr� ,� R.),g 9 7'rrJ) •Q: cs' uii'rk NJIow art.) Apollett~1'.tu/HA/K(.-4.YO Value of projecg: $ 4Jaad_6/M,� / Dale Completed: . Wes project completed on time & wilhln budget: ❑ Yes Ir(I No If no, was the contractor at fault or contribute to the cteIny(ri) or Increased post? r yes Fd No If yes, please provide details: Commonly: SQ ve rill Arne 'Pao r1,1 f_p_t141 c<<ld r~f{-rinrr_z1 Qrdfa r.i. tiagre 4frimpterijiy Pr er -rp C.rmnit/. )Se "KO &tj Pt t . 0-001120_142..1L2Ag 413,0�� Jz1116;�' t (I), k.a1 S 1n rtI4o/ at . I bey �+1aci _te,.icP.�.. l�r `1(te of-ndr1 e H e t vT'4 a.r . (! &- 'Thank you for yourvResiatance In helpin0 trs In vatuoling oLir bid aolloll&tlon. Name of Individual completing this form' 6c%r e , . Lt_ti Q Dale: j.[o ra..f o 0 Signature: �ti. - Mlle: (:�y( ¢spXue.yrpti�l A.,4-,it7.10g., II -rpinphono; , P d6') . Sincerely, Albert Sosa, Assistant Director E-n,nJl: L rsE , 2 fa n-I t o/nc?j . fir, p Id 106 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-053 B-30365E 'JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject: Reference Letter 1 Name of Bidder. /be ce v6 (by70A/ 047c 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: n Name of Project: 1 IA I4rk cr .0n Part xi Soope of work:: r41r) aim d SFr' I kir & f_ r Qu rks Value of project: $ I, 5 ?4 f' it r o Ai Dale Carnpleleci: c10.061 Was project completed on time iG within budget: E Yes 0 No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes EYNo If yes, please provide details: Comments: Thank you for ur assls;.Jnce in helping us In evaluating our bld solicitation. Name of indl al corn ling this form: t Un► _ )✓t ra_7 t ` Dale:.jb g Si nature: lrl►....-- i _ Tithe: P, f..-wr 6, e- . Telephone: 3p5-046-$+Q. �l• . Sincerely, Albert Sosa, Assistant Director E-mall: A'r t ►k J~► ‘14.fi5'CvvU sr. a0 w� 106 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-063 6-30366E JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concem Subject Reference Letter Name of Bidder: iqatt aVn( e . 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: �-+�' Tt1 R arm g Aim p 9,*ii . f A. Cv OTagt trio OF-Swp�9 ttbroPtell hip Pu , 4 end r Pti w `� Scope af'work; ►�Iie+r�t��aL gash Value of project: $ £9 % 8 am , 1) Data Conpleled: a. a)c409 , Was project completed an time & within budget: re Yes Q No If no, was the contractor at fault or contribute to the deiay(s) or increased cost? Q Yes (] No If yes, please provide details:fighoce— F % Go of cAR- -ll cs' r t ri-iy+r t;fm.e.61. sl .� 2 r t< tee 4.9 e1?A''lr Comments: Thank you for your assistance In Name of individual corn . i tIn Signature: n� i Telephone; i_54 - Qa Sincerely, Albert Sosa, Assistant Director helping us In evaluating our bid solicitation. form: 8.tG O )AVA-10.5 P. £. Date:04/04 13 eNl'NEE R. E-mail: l./ z 1 1(tt?oao11)(-.. a 7 Coral Way NET Office Remodeling — CDBG B-30365E 106 Bid No.: 11.12-053 To Whom it May Concern Subject Reference Letter Name of Bidder: Alb [ Div tif5 e-74oki t 471— JOHNNY MARTINEZ, P.E. City Manager 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 Contractoris 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: /_ NnmoofProject: ITAu,(t'OkfaR Pet r'JC (' s R 1 few) OAT 0Rod --0. Scope of wok 0 D144.11 .cta'rit A AV 4 re t t kif PAA174lEo''—I Value of project: $) (041 OiSS, , 4 Date Completed: , i1r 7.006 Was protect completed on time & within budget: [ Yes C] No If no, was ilia contractor at fault or contribute to the cfelay(s) or increased cost? ❑ Yes ("No If you, please provide details: Co nmunts: Q C c7P�, LczA'\ (se ter C'Q1,2.furEG7054 PIto r-EsStoJJfs .,i e.c.a5'ra+-� e_/Z. s't-E.S pnw Sti u, Thank you for your n sl shoe In helping us In evaluating our bid solioltatton. Nano of Individual np sting this foam; %Tp2 4-rAm Date; a 4 ted.h3 Signature; Telephone: Sincerely, Albert Sosa, Assistant Director 7l1io:. h TfL'.tatto4/ IJlMtge�R.. E-mail: a ran �t'Ytl cli11 r dada • r d 106 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-053 B-30365E ABC CONSTRUCTION, INC. 7215 NW 7 Street Miami, FL 33126 Phone (305) 663-0322 Fax (305) 267.2403 Coral Wav NET Office Remodeling SECTION 3 ECONOMIC OPPORTUNITY PLAN Question # 1 Page 1 of 2 Identify individuals responsible for planning, implementing, and tracking the projects Section 3 training and employment goals. Describe their prior experience in this area. The individual responsible for planning, implementing and tracking the project's Section 3 training and employment goals is Jorge Gonzalez, President, of ABC Construction, Inc. He will obtain all pertinent information to become thoroughly familiar and ensure contract compliance with the HUD Section 3 Regulation. Jorge Gonzalez has worked on Service projects, and is qualified to administer ABC Construction, Inc. Section 3 Economic Opportunity Plan. Question # 2 Describe efforts to be taken to recruit, solicit, encourage, facilitate, and hire public howling and other low-income persons. Identify any private or public resources that will be used. ABC Construction, Inc. will take the following steps to recruit, solicit, encourage, facilitate and hire public housing and other low-income persons, in the event any vacancies occur throughout the duration of the project: 1- Meet with residents & managers at public housing site where work is to take place, 1st & 2nd at other housing sites. 2- Schedule a time and place for public housing residents to complete job applications. 3- Develop a list of "pre -qualified" Section 3 public housing and other low-income residents who could fill job vacancies that may later become available. 4- Contact Sandra Walker, MDHA at (305) 644-5277, or Juan Garcia, at MDHA for MDHA employment referrals. 5- Contact Jorge Garza, Centro Campesino at (305) 245-7738, for HUD Youthbuild employment referrals. 6- Send notices about Section 3 training and employment obligations and opportunities required for this project to labor organizations. 7- Establish a training program to provide public residents and other low-income residents with the opportunity to learn basic skills and job requirements. S- Advertise in major and community newspapers, and on the job site for workers who meet the definition of a Section 3 resident. Page 2 of 2 Question* 3 Describe contractor activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting Section 3 business subcontractors, where applicable. ABC Construction, Inc. will provide any business we solicit with an explanation of Section 3, our obligations to contract with a qualified Section 3 business and information on how to become a Section 3 Business concern. Question* 4 Describe plans to structure projects activities in ways that create opportunities for Section 3 firms to participate in the contract award. ABC Construction, Inc. will be implementing the following procedures in order to increase the participation of Section 3 firms to participate in the contract award, 1- Work is to be sub -divided into smaller amounts. 2- For the same type of work multiple firms will be used. 3- For joint ventures with Section 3 business concerns. Jorge Gonzalez may be contacted at 305-663.0322 regarding this Plan. Date: 4/8/13 Signature and Title: SUPPLEMENT TO BID FORM: SECTION 3 BUSINESS PREFERNCE CLAIM FORM (DOCUMENT 00200-B) (Page 1 of 1) OPTIONAL DOCUMENT: Only applicable to current MDPHA certified Section 3(S-3) Bidder who wish to claim a Bidder's preference. The City may offer preference to Section 3 firms. The Section 3 business concern with the lowest responsive Bid shall be given the opportunity to match the lowest responsive Bid from any responsible Bidder. If said Section 3 Bidder cannot match the lowest responsive Bid, then the award shall be made to the source with the lowest responsive and responsible Bidder. S-3 businesses must become certified at least two weeks prior to Bid opening date to be eligible to claim S-3 bidder's preference. Business application requests may be faxed to MDPHA at 305-643-1773. Only Initial those items applicable to your firm. • 1 _ (Initial). ... _ . irm Name) was certified by MDPHA as an S-3 Business on (Date). Said firm is claiming a preference for the bid, identified below. 2. (Initial) Firm's original business certification was based on proof that firm owner was low or very low income. Firm owner's current family income meets the definition of a very -low or low- income household. 3. (Initial) Said firm certifies, below, with the firm president's signature, that the full-time , employee composition, and the ratio of S-3 full-time employees to non-S-3 employees continues to be at least 30% or higher. (Initial) Said firm has attached Document 00452, "Employee List". This list includes all current employees and is back-up for item no. 3 above. 5. (Initial) Said firm has attached, for each new S-3 employee (hired since original business certification date shown under item one above, if this proof has not previously been provided to MDPHA Office of Compliance staff), Documents 00401, "Resident or Employee Preference Claim" and .00402,. "Household .Income Verification", or other applicable documentation, to demonstrate whether any new employees who have been hired after date of business certification meet the definition of a low or very -low income Miami -Dade family (based on household size and family income). If items 4 and 5 above are initialed by bidder and/or applicable to bidder, bidder must attach the listed S-3 documentation. FAILURE TO DO SO SHALL INVALIDATE BIDDER'S S-3 BUSINESS PREFERENCE CLAIM. BID NUMBER I Ij "I BID NAME Ura L - FIRM NAME (Please print or type) 4.80 a{t.f5. e4Ai 77i PRESIDENT'S NAME Please . tint o PRESIDENTS SIGNATURE: PHONE AND FAX UMBERS: DATE: Coral Way NET Office Remodeling - CDBG B-30365E 60, .Do 5 - 0(03 4a-- 107 Bid No.: 11-12-053 SUPPLEMENT TO BID FORM: SECTION 3 ECONOMIC OPPORTUNITY PLAN QUESTIONS (Page 1 of 3) 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 may be used following the same format and numbering. The Section 3 Economic Opportunity Plan, as described in Exhibit A, must describe the proposed strategies for achieving the Section 3 training and employment numerical goals, and subcontracting numerical goals (where subcontracting is allowable in the Bid.) Please review the information below, and provide your responses on separate paper. (A Section 3 Economic Opportunity Plan Instruction Sheet is attached to further assist you in developing your responses to the information requested below.) 1. Identify individual(s) responsible for planning, implementing and tracking the Project's Section 3 training and employment goals. Describe their prior experience in this area. 2. Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate, and hire public housing and other low-income persons. Identify any private or public resources that will be used. 3. Describe contractors activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting Section 3 subcontractors, where applicable. 4. Describe plans to structure project activities in ways that create opportunities for Section 3 firms' participation, where applicable. YOUR RESPONSES TO QUESTIONS 1-4, WILL CONSTITUTE YOUR PLAN; PLEASE ATTACH YOUR PLAN DOCUMENT AND ALSO INCLUDE THE FOLLOWING INFORMATION ON YOUR PLAN: (1) COMPANY NAME (2) YOUR NAME AND PHONE NUMBER (3) BID NUMBER AND NAME. 108 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-053 B-30365E SAMPLE PLAN QUESTIONS PLEASE RE -TYPE YOUR OWN FIRM'S PLAN ON YOUR FIRM'S STATIONERY FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER Question #1 Identify individuals responsible for planning, implementing, and tracking the Project's Section 3 training and employment goals. Describe their prior experience in this area. The individual responsible for planning, implementing and tracking the Project's Section 3 training and employment goals is John Doe, President (or the appropriate title of this individual), of name of firm (hereafter referred to as °Contractor"). He (or she) will obtain all pertinent information to become thoroughly familiar and ensure Contract compliance with the HUD Section 3 Regulation. John Doe has worked on construction (or service, whichever is applicable) projects, and is qualified to administer Contractor's Section 3 Economic Opportunity Plan (Plan.) Question #2 Describe efforts (contractor and subcontractor) to be taken to recruit, solicit, encourage, facilitate and hire public housing and other low-income persons. Identify any private or public resources that will be used. The employment goal is thirty percent (30%) of the aggregate number of new hires. Contractor will take the following steps to recruit, solicit, encourage, facilitate and hire public housing and other low-income persons, in the event any vacancies occur throughout the duration of the Project: 1. Meet with resident associations and managers at the public housing site where work is to take place, first, and second, at other public housing sites. 2. Schedule a time and place for public housing residents to complete job applications. 3. Develop a list of "pre -qualified" Section 3 public housing and other low-income residents who could fill job vacancies that may later become available. 4. Send notices about Section 3 training and employment obligations and opportunities required for this Project to labor organizations. 5. Establish a training program to provide public residents and other low income residents with the opportunity to learn basic skills and job requirements. 6. Advertise in major and community newspapers and on job sites for workers who meet the definition of a Section 3 resident. Contractor will establish files to record and retain written documentation of all training and employment outreach efforts and resources from agency representatives and job applicants. 109 Coral Way NET Office Remodeling —CDBG Bld No.: 11-12-053 B-30365E Question #3 (ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT) Describe the contractor's activities to be taken for recruiting, soliciting, encouraging, facilitating and selecting Section 3 subcontractors, where applicable. Contractor will take all feasible measures to recruit, solicit, encourage, facilitate, and select qualified Section 3 business subcontracting firms to perform at least 10% of the project award amount (contract sum) for each CITY OF MIAMI project for which Contractor is the successful bidder. Contractor will request the organizations, listed below, to provide lists of firms, organized by trade category, which can perform required Project Work (in addition to these organizations, Contractor may also contact other organizations that provide such listings): 1. Miami Works 2. Contractor's Resource Center 3. Small Business Administration 4. Minority Business Development Center Contractor understands that, in addition to awarding work to qualified Section 3 businesses, it is our responsibility to: 1. Use the contractor's or firms solicitation letter to advertise to the "greatest extent feasible" to all firms on lists provided to us by the City and other organizations about the type of work needed to complete each City project, 2. Advise firms of Contractor's obligation to seek and award work to qualified Section 3 businesses, where feasible, 3. Clarify the definition of a Section 3 resident and business, 4. Explain how to qualify as a Section 3 business in order to be eligible to receive a preference from Contractor when subcontractor work is to be awarded, and 5. Provide Section 3 certified firms that are qualified to perform Work with an opportunity to submit price quotations for City Project Work, and where financially feasible, hire such firms as subcontractors. Documentation of Outreach to find Eligible Section 3 Subcontracting Firms 1. Contractor will establish files to record and retain written documentation of all outreach efforts and responses received from organizations and subcontractors who are contacted. 110 Coral Way NET Office Remodeling — CDBG Bid No.: 11.12.053 B-30365E 2. Contractor will fax the City solication notice to all firms that these organizations identify, based on each category of Work required for each Project. 3. Contractor will provide City with copies of its facsimile receipts to each of the organizations listed in its Plan and their responses. 4. Contractor will provide City with copies of its facsimile receipts and responses received from every firm that is faxed for each City Project. 5. Contractor will provide City with an outreach close-out letter for each Project awarded that refers to an attached outreach summary report. If Contractor is unable to meet City's requirement to contract at least 10% of the award amount to Section 3 businesses, Contractor will include in its close-out letter an explanation as to why this requirement was not met. 6. The outreach summary report, referred to in No. 5, above, will list all contacts made to each organization or association, the individual firms subsequently contacted, categorized by trade, and the bid amount or other type of responses received from each firm (similar to the sample outreach summary report attached to Contractor's Plan.) 7. If a firm is non -responsive, Contractor agrees to make a second attempt at getting them to respond, failing which, Contractor will move on to another company, all of which will be submitted to the City, and referred to in the outreach close-out letter and summary report. Question #4 (ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT) Describe plans to structure Project activities In ways to create opportunities for Section 3 firms to participate, where applicable. Contractor will make every effort to structure project activities to increase opportunities for Section 3 businesses. This will be accomplished by sub -dividing the work into smaller amoun s, or by using m iItiple firms to complete similar types of work. S bmitted by: Presid n NamF President Submission Date: 111 Coral Way NET Office Remodeling — CDBG Bld No.: 11-12.053 B-30365E FORM A INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY (if applicable) If the Proposer is submitting as a joint venture, please be advised that this form MUST be completed and the REQUES IED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: Z Address of joint venture: 3. Phone number of joint venture: I. 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: 112 Coral Way NET Office Remodeling — CDBG BId No.: 11-12-053 B-30365E (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 arcorrect and include all material information necessary to identify and explain the terms an 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: (Attach JN agreement) 113 Coral Way NET Office Remodeling — CDBG Bid No.: 11-12-053 B-30365E Project No. B--.��OS� G CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Project Title: Ooraf142 Ale Sheet (/ This Form must be submitted with a Bidder's Bid submission. Failure to submit this Exhil' t with the Bid will result in the bid bei 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 / f»dc4 /t 07 ng rejected Name of Business n Portion of Work , Dollar Amount Percent Address/City!State!Zip License Information** Business SBE Certification CSBE DBE Type Number ±�- rz • 0-o>ti ` . aCr �e (Po D©D"tty 1 1 IN' (p-�cv / i-T 0 0 /-(o r cJQ 9r d.ju7 ,©M.0/7 , / - 1 Sal /04 Sr - M /be (I o rl `. r� u b Iva . De mace "x ' 3-zr- Su) ¥ ST L��,C� (000 G . E Imo' . C" U�) n&r pit/ u-t b,> .3/p n0i 'Yv -9 S, 5& 71- .S T a� )SLz7- &'' PR Cam- Cam' Ste' r, � �� c w L1C •GPI °�v /14O k cV (%q ti_.1 ,0©-eS L �2frcc Cm/ �' g k r-Pi ►`-tom@ N' Q Alr 4$.rr7D moo 0' /a AtC92 6101 a 4 ST OW9 P49l j . i� L L' I • n a I. o a o a a a o a n • 0 All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. '""' Must be certified by either Miami -Dade County, State of Florida, or the Federal Government Form SU ADDENDUM NO. 1 March 8, 2013 INVITATION TO BID NO.: 11-12-053 CORAL WAY NET OFFICE REMODELING CIP PROJECT NO.: B-30365E TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Coral Way Net Office Remodeling - Invitation to Bid No.: 11-12-053 (the °Project°). Please note the contents herein and affix same to the documents you have on hand. All attachments (if any) are available on the CIP website and are part of this Addendum, A. The Mandatory Pre -Bid Conference has been postponed and will now be held on Tuesday, March 19, 2013 as follows: Location: Miami Riverside Center 444 SW 2"d Avenue Miami, Florida 10t.Floor Main Conference Room Date/Time: Tuesday, March 19, 2013 @ 10:00 am Site Visit Immediately After Pre -Bid Conference Location: At the Project Site 1300 and 1320 SW 12 Ave. Miami, Florida THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. /AP 9s) b:;) Jeovanny Rodriguez P.E., Assistant Director Capital Improvements Program Addendum No. 1 Coral Way NET Office Remodeling - CDBG ITB No.: 11-12-053 B-30365E . This Addendum should be signed and dated by the Proposer and submitted as proof of receipt with the submission of Proposals. The Proposer by identifying the addendum number in their Proposal and by signing and submission of their Proposal shall serve as proof of receipt of this Addendum. NAME OF FIRM: /() SIGNATURE: DATE: 40,42A ‘a • Addendum No. I Coral Way NET Office Remodeling - CDBG ITB No.: 11-12-063 B-30365E 2 ea,/ � M«,K ADDENDUM NO. 2 March 18, 2013 INVITATION TO BID NO.: 11-12-053 CORAL WAY NET OFFICE. REMODELING CIP PROJECT NO.: B-30365E TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Coral Way Net Office Remodeling - Invitation to Bid No.: 11-12-053 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. Ali attachments (if any) are available on the CIP website and are part of this Addendum. A. PLEASE NOTE: The Oast day to subunit Requests for Information ("RFD's") for this ITB is Thursday, Marcia 21, 2013 at 12:00 Plitt Reeeuests for Information - Since issuance of the Bid on Thursday, February 28, 2013: Q1. Please provide the engineer's cost estimate or cost range for the Project. Al. The City has decided not to provide an engineer's cost estimate or cost range for the Project. Q2. Is there a playground manufacturer specified or a more detailed layout of an alternate playground? A2. PLEASE MOTE: Item 5: ALTERNATE ADDITIVE B - Construction of Playground at 1320 SW 12t' Ave. - will no longer be included in the scope of work for this Project. (See the revised BID FORM (Page 2 of 12) page 86 of the Contract, attached). THIS ADDENDUM IS AN ESSENTIAL PORTION OF E CO .TRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Jeova¢ y driguez, ., Assistant Director Capi I I + • roveme ^ rogram Addendum No. 2 Coral Way NET Office Remodeling — CDBG B-34365E ITB No.: 11-12-053 This Addendum should be signed and dated by the Proposer and submitted as proof of receipt with the submission of Proposals. The Proposer by identifying the addendum number in their Proposal and by signing and submission of their Proposal shall serve as proof of receipt of this Addendum, NAME OF FIRM: SIGNATURE: DATE: 0 k • Addendum No. 2 Coral Way NET Office Remodeling — CDBG ITB No.: 11-12-053 B-30365E 2 • eat, frgivepvii. ADDENDUM NO. 3 March 20, 2013 INVITATION TO BID NO.: 11-12-053 CORAL WAY NET OFFICE REMODELING CIP PROJECT NO.: B-30365E ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Coral Way Net Office Remodeling - Invitation to Bid No.: 11-12-053 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. Ali attachments (if any) are available on the CIP website and are part of this Addendum. A. PLEASE NOTE: The BIDS DUE DATE for this ITe has been postponed until: E ES LAY, APRIL 3, 2013 AT 2:00 PI@� S. Requests for information - Since &sseaance of Addendum No. 2 our Monday, March 18, 23113: 01. Is there a Survey and Soil report available for the Project slte? Al. The Survey and Subsurface Exploration Report for the Project site can be found on the CIP Webpage for the Project (Just below the Protect Plans), C. Additional information: 1. Attached hereto is the Final revised BID FORM (Page 2 of 12), page 86 of the Contract; 2. Contract Section 3 - Supplemental Terms and Conditions, 1. Contract Time & Hours is hereby amended to provide that the 'Contractor shall have One Hundred Fifty (150) calendar days to achieve Substantial Completion from the date that the Notice to Proceed Is issued. Contractor shall have an additional Thirty (30) calendar days for Final Completion of the Contract."; Addendum No. 3 Coral Way NET Office Remodeling — CDBG 1TB No.: 11-12-053 B-30365E 3. As noted in Contract Section 1 — Instructions for Submission, 14. Bid Award "Contractor shall provide certified payroll records documenting the work performed on this Project." 4. THE FOLLOWING CHANGES ARE HEREBY INCORPOiRATED INTO THE PROJECT PLAINS: ▪ Sheets A3.1 and A3.2 - Add the following note: "Remove and dispose of all existing plywood sheathing from all existing walls, including building perimeter walls. Drywall is now to be attached to all existing masonry/concrete walls with 3/4-inch pressure - treated wood, or hot -dipped galvanized metal furring strips, at 16-inches on -center. • Sheet A4.1 - Change Window note to read: "New impact windows Windoor Series 3000 (fixed), or approved equal with Miami -Dade County N. ©.A., Color. White Electrostatic Paint (ESP) finish, typical." O O Sheet A6.1 - Storefront elevations "B" and "C," and aluminum frame types "3" and "4," Change note to read: "Aluminum storefront and frame to have White Electrostatic Paint (ESP) finish, typical." b • Sheet A7.1 - Impact Door and Framing System, Add new note C.1: "Aluminum storefront and frame to have White Electrostatic Paint (ESP) finish, typical." • Sheet P3.0 - Modify Note 3 to read: "Refer to Civil. Site Plan Sheet C2.1 for continuation of new building sanitary sewer line. Tie new building sanitary sewer line into existing sanitary sewer lateral in northwest corner of the property." Sheet C2.1 - Remove existing sheet C2.1 and substitute new sheet C2.1 dated: 03.20.2013. (Sanitary sewer tie-in shown) (see attached). THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. P/-(4t 0 '11 Jeo'ianny Rodriguez, P.E., Assistant Director Capital Improvements Program Addendum No. 3 Coral Way NET Office Remodeling — CDBG B-30365E 2 ITB No.: 11-12-053 This Addendum should be signed and dated by the Proposer and submitted as proof of receipt with the submission of Proposals. The Proposer by identifying the addendum number in their Proposal and by signing and submission of their Proposal shall serve as proof of receipt of this Addendum. NAME OF FIRf t7 7Ci DATE: 0..0 SIGNATURE: Addendum No. 3 Coral Way NET Office Remodeling - CDBG ITB No.: 11-12-053 B-30365E 3 0. ° frizet,04, ADDENDUM NO. 4 March 22, 2013 INVITATION TO BID NO.: 11-12-053 CORAL WAY NET OFFICE REMODELING CIP PROJECT NO,: B-30365E TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Coral Way Net Office Remodeling - Invitation to Bid No.: 11-12-053 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. All attachments (if any) are available on the CIP website and are part of this Addendum. A. Requests for information - Since Issuance of Addendum No. 3 on Wednesday, March 20, 2013: Q1. Can you please confirm the Aluminum finish on the windows and storefronts, the spec sheet call for white anodized and plans call for clear anodized, Also no spec's for impact glass as far as tint and whether low e coatings are needed. Al. The aluminum windows and storefront frames are to be White ESP finish (See Addendum 3, C. Additional Information, Item 4). All exterior glazing is to be: solar gray. Low-E coatings are not required. Q2. Addendum #2 deletes the construction of playground at 1320 SW 12th Ave and gives an allowance for the demolition work at 1320 SW 12'h Ave. Does this allowance include all other work shown on sheet A2.2 not having to do with demolition? A2. Demolition work at the 1320 SW 12th Avenue address is NOT an Allowance. It is a Bid Alternate, a separate line item on the Bid Form. This Bid Alternate Is to Include the demolition and removal of the existing house and foundations. (See Addendum 3, C. Additional Information, Item 1).The existing retaining wall between the two properties is to remain in place. Q3. Sheet A3.2 calls for all empty exterior masonry cells to be filled with foam -In -place masonry Insulation. Please note the drawings do not differentiate which exterior masonry walls require new insulation and which wall do not require Insulation. Please clarify which exterior masonry cells are to receive foam -In -place Insulation. A3. All exterior walls require foam -in -place insulation. Where existing cells are filled solid with concrete (in some instances), they obviously cannot be filled with foam insulation. Q4. Sheet P3.0 shows new 4" sanitary, but does not show where we are to connect to the existing sanitary. Please advise where the existing sanitary connection is located. Addendum No. 4 Coral Way NET Office Remodeling — CDBG ITB No.: 11-12-053 B-30365E A4. Please refer to Addendum 3, C. Additional Information Item 4, which gives the location for the sanitary sewer tie -In in the northwest corner of the site. Q5. Is asbestos, lead, or mold abatement required for this project? if so, please provide reports. Furthermore, please clarify who is responsible for abatement, Owner or General Contractor. A5. For bidding purposes, the contractors are to assume that the building has been abated. Two previously commissioned Asbestos Surveys and a previously commissioned Lead Paint Inspection report have been placed on the CIP Webpacie for this Project. Subsequent to these reports, wallboard and ceilings were removed by the City's own forces to better expose the building's interior structure. Q6. Section 7.6 Builders Risk was included in the bid documents. Please clarify if the Contractor is to include Builder's Risk insurance in the bid. A6. As indicated during the pre -bid conference, the insurance coverages listed in Section 1, paragraph 7 of the Contract are not required for bidding purposes, but will be required of the winning Contractor once the Project is awarded. Q7. Sheet A3.3 shows R-19 insulation layered above new 2X2 acoustical the ceiling In NET Administration Office and N.R.D Office. Please clarify If this Is typical throughout or if this occurs only in these two rooms. A7. All acoustical tile ceilings throughout the building are to have thermal ball insulation above. Q8. Sheet A3.2 notes "all existing Interior bearing walls are typically 8" masonry or poured concrete, clad with '/_" plywood. Plywood is to remain and shall be clad In new drywall or specified material (see finish schedule)." Please note these walls do not have a wall type assigned to them and in at the walk thru we were not able to differentiate the wall due to the plywood. Please clarify the following: a) which walls are concrete and which walls are masonry b) type of framing to be used on walls. A8. For bidding purposes, Bidders are to assume that all existing interior walls are 8-inches wide, or wider, and are masonry or poured concrete. Addendum 3 notes that all plywood sheathing on all walls within the building is to be removed. (See Addendum 3, C. Additional Information, Item 4). Q9. During the site visit, we noticed some of the existing walls have tile behind the plywood. Note #7 on sheet A3.1 calls for the removal of all wall and floor tile, while sheet A3.2 calls for plywood to remain and clad with drywall. Please clarify if the wall tile behind the plywood is to be removed or remain, if removed please provide locations and the height of the wall tiles to be removed. A9. Existing ceramic tile found behind some plywood walls may remain, but the walls are still required to be furred -out and finished per the Finish Schedule. (See Addendum 3, C. Additional Information, Item 4). 010. Note #3 on the General Life Safety Notes on sheet LS.1 stated "all fire extinguisher cabinets located within fire -rated walls shall be fire -rated as per the wall In which it is situated." Please note there are no fire extinguishers shown on the drawings. Please clarify If the Contractor is to provide fire extinguishers and/or fire extinguisher cabinets. If so, provide specs and locations. A10. The Contractor shall provide and install two (2) bracket -mounted Type 4A-60BC, 5-pound fire extinguishers, and shall provide and install two fully recessed aluminum fire extinguisher cabinets which shall each contain a Type 2A-10BC, 5-pound fire extinguisher. Cabinets shall be aluminum for non -rated partitions, "Architectural Series" with tempered glass door by Larsen or approved equal. Provide shop drawings for Architect's review. Locations shall be determined by the Architect in the field. Q11. Earthwork notes on sheet S1.0 states Contractor shall dewater site as necessary, so that all concrete shall be placed in the dry. Please clarify if Contractor is to include dewatering in the bird. If so, please provide geotechnical report. All. A Subsurface Exploration Report for the Project site can be found on the CIP Webpage for the Project (just below the Project Plans). (See Addendum 3, B. Requests for Information, Q1 and Al). Addendum No. 4 Coral Way NET Office Remodeling -- CDBG ITB No.: 11-12-053 B-30365E 2 Q12. Note #1 on sheet A2.1 states G.0 shall provide a schedule per the "General Terms & Conditions." Please clarify if a schedule is to be submitted with the bid. Al2. Please Refer to Item 6. Proiect Schedules, on page 78 of the Contract which states, among other things, that "The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award". Accordingly, the Project Schedule is not required with the bids. ' Q13. On page E 6.0, Note 1, indicates to provide control wiring between watt stopper room controller and related dimming ballasts. I was not able to determine which rooms are to be dimmable, Please supply me the room numbers or a count so that I can price it accordingly. A13. Any dimmable rooms would be identified with the switch symbol and a small "d" next to it. There are none right now unless the owner/end user wants any room dimmable. Q14.. I need to know if this building will have a fire alarm system. If so, I need access to those plans. A14. There is no fire alarm system in the current scope of work. Q15. Will we be providing the telephone system or is the system supplied by the City of Miami? Alb. The Scope of Work calls for empty box and conduit for the telephone/data system. Owner's vendor will provide wiring and telecom system. Q16. I have a questlon.P.2 says to remove existing fixtures for new fixtures in the existing bathrooms. P.3 says remove all existing piping in the building. So are we Installing new waste and water lines in the existing bathrooms or just tying In for the new work. Just need to know If we are totally renovating the existing bathrooms. A16. All the sanitary and water piping is new as indicated on the drawings. Refer to P-3 and P-4 for layout. Q17. Please clarify the location of the King Post required by the plans, as it Is not clear of its location. Clarify how many locations are required by section 2,31s2.1. A17. There is one new kingpost required to replace a missing kingpost. It's location is visible, now that the ceiling has been removed, and can be easily located in the field by the GC. Q18. A note on the site plan sheet A2.2 says "New Water Meter required. Water meters are supplied by WASA, and the owner should know if a new water meter Is required and the cost prior to permits. Please provide cost of the water meter or remove this note from the plans. A18. Temporary water meter and water bills for water used by the Contractor during the course of construction shall be provided and paid for by the Contractor with all costs accounted for in the Contractor's base bid. Fees paid by the Contractor to install a Permanent Water Meter shall be deemed a reimbursable expense. Q19. The Federal Wage Rates provided do not have a line item for Plumbers, HVAC, drywall, or flooring subcontractors. Please confirm these are the correct wage rates and provide the wage rates for the missing trades. A19. The Federal Wage Rates provided originally in the Contract are incorrect. Please find attached hereto the correct Federal Wage Rates for Buildings. (See B. Additional Information, Item 4, below). Q20. This RFI pertains to "Pay Item Breakdown" form on page 87 of the contract document. In the Pre -Bid Meeting, it was mentioned that there would be no unit breakdown for thls project. Edgewater would like to confirm that this form is to be ignored. A20. Yes, the "Sample" Pay Item Breakdown form on page 87 of the Contract is not applicable to this Project and shall be ignored. Addendum No. 4 Coral Way NET Office Remodeling —CDBG ITB No.: 11-12-053 B-30365E 3 B. Additional Information: 1. 1300 Asbestos Survey; 2. 1320 Asbestos Survey; 3. 1300 Lead Paint Inspection report; 4. Federal Wage Rates — FL 325 - General Decision Number: FL130027 01/04/2013 FL27 - Construction Type: Building - County: Miami -Dade County in Florida; THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. ‘ Jeovanny odrlguez, P.E., Assistant Director Capital Improvements Program This Addendum should be signed and dated by the Proposer and submitted as proof of receipt with the submission of Proposals. The Proposer by identifying the addendum number in their Proposal and by signing and submission of their Proposal shall serve as proof of receipt of this Addendum. NAME OF FIRM: SIGNATURE: Addendum No. 4 Coral Way NET Office Remodeling — CDBG (TB No.: 11-12-053 B-30365E 4 eay ivize404 ADDENDUM NO. 5 April 2, 2013 INVITATION TO BID NO.: 11-12-053 CORAL WAY NET OFFICE REMODELING CIP PROJECT NO.: B-30365E TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Coral Way Net Office Remodeling — Invitation to Bid No.: 11-12-053 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. All attachments (if any) are available on the CIP website and are part of this Addendum. A. (PLEASE M _ TE: The BIDS DUE DATE for this ITB has been postponed until: OND Y9 APRIIL xi, 2013 AT 2n;r0 PM THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Capital Improve Jebiranny Ro ez, P.E., Assistant Director ents Program This Addendum should be signed and dated by the Proposer and submitted as proof of receipt with the submission of Proposals. The Proposer by identifying the addendum number in their Proposal and by signing and submission of their Proposal shall serve as proof of receipt of this Addendum. NAME OF FIRM: SIGNATURE: Addendum No. 5 Coral Way NET Office Remodeling — CDBG B-30365E ITB No.: 11-12.053 CONSTRUCT ON April 08, 2013 To whom it may concern, 7215 NW 7 Street Miami, Florida 33126 Tel: 305.683,0322 Fax: 305.267.2403 In the event that we are awarded this project, ABC Construction will hire all the labor required to comply with the Section 3 (low income employee) participation. Regards THIS DQGUMENT WP A CDLOREDWACKGRDUNP .3,11C iOFMINTINGtf.;LiNEWARIC, TATENTEQ PAIEli BATCH NUMBER STATE QFw FLORIDA ibtiNEESANE:EN5 12TJC p ztai u m� y CFC1.427.7Z e�l1L?d be OAr $ CEATIFISI?. , ' rider 't ie irovieiona c GfxapB ; t,4 xpirati:.on. 0004 AUG 31;01 • 241L -ABC 'CONS! 'iU. x—ol fig. MZAMI• IAC .7R1SiDOcUtloo:H4S A G0110BED: EAGKGROUNR MICRDPi INTING. iLINENABKL PATEN7Eo PAPER 61,235.4.. DATE. BATCH NUMBER STATE.QF FLORIDA. 3.DETNE A'STD .PR ESSLONEI ' TiN[SPEL"' .1p.TPA iI+TC APGR CENS$"..N.&R;i��ar� .06/0 /2t12' 1181��"e?0 HI5307 •:;y°a -=` �' .9s. TAO HOME INSPECTOR : ," Named below .I" CERTIFIED Urxder the provisions of Chapt Expiration date: 'J'17L 31, 2014 GONZALEZ i -iTQ12GE - 7215 'NW 7TH STREET' MIAMI RION S. r. "GOVERNOR -FL 33126•c DISPf_AY AS REQUIRED BY TtON SEQ#IX1206Q'500772 KEN ,LAW ON SECRETARY ,..}' - f + ,; .THISDOG Un1 t4ROAS ALOREDDACKGf30UNDi St P3OPRINT,1 AC# 615.2$1.7 TATE• FLOi.iDA Iv 1LINE1R49KI,TATLN,T,EOIR PERN. SEQ#14I2060500:035 @• RATCN'i4UMnPR' .0605.'2"i 518] 9f "7 :' -:.CGCiketid37,A LI.CEMSE The' BENS ,:........ .._ 1 L. ROE, ' CONTRA�tE012.; .: . Nauteid= be ;axy IE CERTI.FIED Under" the.,provisions of Chappt tit* Expiration date: AUt3 31, 2014 OONZAIEZ, .,4TORNP! ABC CONSTRUCTION INC 7215 NW 7TH•`STREET MIAMI FL 33126=2.9,3' RICK S'COTT GOVERNOR l�7 DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY .:.;lE9A�1-ISAD�CQ)UyTy lI CQLLECT0Fi 14OW. ELAGLER ST....• 9&9171, FL 331 275127-0 BUSINESS NAME / LOCATION ABC CONSTRUCTION INC 7215 NW 7 ST 33126 IMIN DADE COUNTY PUR$UAIYTTCC-COI,TNTV;CODE CH PTER:@A:•ART:'� a 1 -u ^.'.:ice;?i:ix' b'41�i,•',`; +R . _ > ....�.. • THIS IS NOT A BILL — DO NOT PAY RENEWAL RECEIPT NO. 288215-8 STATE* CGCA60037 Apr. K Y.•-• EAttigitM a•�' 4:.. A..' .. "Bil P1'-`' 4.',2�y� .:,.3�.,=�;. ?:e� FIRST-CLASS COUNTY' -STATE OF FLORil efa = i� N' : i ; 4 i ..,�+,.r., .i:� r c�s`� U.S. POSTAGE +:*);'201' N°>tfb7a t;`-,- : . ! ��'� }; ': �'•�r:""^' PAID MIAMI, FL PERMIT NO. 231 OWNER ABC CONSTRUCTION INC Sec. Type oa Business kIORICER/S fys Is a Y6A q NERAL BUILDING CONTRACTOR 1 3U3rnss TAD RECEIPT. IT DUES NOT PERMIT THE 4OLM% TO VIULATE ANY POSTING RE NJLATORY OR ZONING LA4119 OF THE COUNTY OR C7TIES. 1?ON DOES FT EXERIPT THE IOLDER ERM T FROOR ANYM CITHIJcR SE 'EOIARED BY LAN TILE I 'IOT A CERTIFTCATOH OF. RfE HOLDERS DUALIFICA- f10Ns. 'AYSIENT RECEIVED IDAMI.DADS CAIIHTY TAX.. ALLECTOR; 08/20/2012 09010227001 000075.00 SEE OTHER SIDE DO NOT FORWARD ABC CONSTRUCTION INC JORGE GONZALEZ 7215 NW 7 ST INIAMI FL 33126 lllTlllll,l,ri143 Aii6Ao4 CCt8@I1 t! • TAX COLLECTOR - 140 W; F AOLER ST. 1gt•FLOOR MBJ�Mi, F133130• 670698-1 BUSINESS NAME / LOCATION ABC CONSTRUCTION INC 7215 NW 7:;.ST 33126 UNIN: DADE COUNTY OWNER ABC CONSTRUCTION INC Sea Type of Business fHfs Is CLIXAL RI PLUMBING COi1TRACToR 3OE5 NNOTST/Estr AX ['EMIT THE 101-DER TO VIOLATE ART Xf TTHO REGULATORY OR OInHG LAWS OP TINE :UUNTY OR CITIES, NOR IDES R exemnT THE SOLDER PROW ANY OT14R 'BiMIT OR uosmse 9EOUIRED BY LAW. T1R9 IS 1O ACERTIFICATIOR OP. OOHS. Dowers CUAUI?CA- MAAR DAM COUNTY TAX :OYIECTOn, 08/20/2012 09010226001 000075.00 SEE OTHER SIDE AIDE COUN7'y. STATE OF FLORIDA i .., ,.�., ,ESPEIES SEPT. 30, 2013 S'BE'i lISPLAYE11 AT PLACE OF BUSINESS PURSUANT TO COUNTY CODS CHAPTER 8A.+ ART. 9 & 10.. THIS IS NOT A BILL - OO NOT PAY RENEWAL RECEIPTNO. 698020-6 STATE# CFC1427728 a•`•? F1RST-CLASS . ' U.S. POSTAGE I PAID MIAMI, FL PERMIT NO.231 WORKER/S 6 [DO NOT FORWARD ABC CONSTRUCTION INC JORGE GONZALEZ PRES 7215 NW 7 ST MIAMI FL 33126 i1111171111II A 11110111114111 I )11141111J11 i IT1111112 State of Florida Department of State I certify from the records of this office that ABC CONSTRUCTION INC. is a corporation organized under the laws of the State of Florida, filed on October 12, 1990. The document number of this corporation is S20422. I furthercertify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on February 15, 2012, 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 Florida, at Tallahassee, the Capital, this the First day of March, 2012 Secretary of State Authentication ID: 800222050928-030112-S20422 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https: //efde.s a n biz.org/ce rtauthver.htm l Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215NW7thSt Miami, FL 33126 Dear Mr. Gonzalez: Department of Regulatory and Economic Resources Small Business Development 111 NW 1 Street, 19t' Floor Miami, Florida 33128 T 305-375-3111 F 305-375-3160 CERT. NO: 37 Approval Date: 11/29/2012 - CSBE Level 2 Expiration Date: 11/30/2014 ANNUAL ANNIVERSARY: 11/2912013 Small Business Development (SBD), a division of Regulatory and Economic Resources Department (RER) 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 fimi's Anniversary Date. 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 Miaml-Dade County RER webs ite http://www.miamidade.gov/business/business-certification-programs. asp. 111ar1k'yzu for doing business with Miami Dada County. Ince e heri l�'ltrGnff, Director usiness Opportunity Support Services mall Business Development Division gulatory and Economic Resources Department (RER) CATEGORIES: (Your firm may bid or participate on contracts only under these categories) NEW SINGLE-FAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (CSBE) NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (CSBE) NEW HOUSING OPERATIVE BUILDERS (CSBE) RESIDENTIAL RENMODELERS (CSBE) INDUSTRIAL BUILDING CONSTRUCTION (CSBE) COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION (CSBE) WATER AND SEWER UNE AND RELATED STRUCTURES CONSTRUCTION (CSBE) STRUCTURAL STEEL AND PRECAST CONCRETE CONTRACTOR PFrf)t.,..t cc Even' 2:)etv POURED CONCRETE FOUNDATION AND STRUCTURE CONTRAC'F$)13 DBDR0020 v20I20706 Mr. Gonzalez ABC CONSTRUCTION, INC. November 29, 2012 Cart No: 37 CATEGORIES: (Your firm may bid or participate on contracts only under these categories) PLUMBING, HEATING, ANDAIR-CONDITIONING CONTRACTORS (CSBE) SITE PREPARATION CONTRACTORS (CSBE) c: Adriana Coba, Certification Specialist Veronica Clark, RER, SBD DODROD20 r20I20706 Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215 NW 7th St Miami, FL 33126 Department of Regulatory and Economic Resources Small Business Development 111 NW 1 Street, 19th Floor Miami, Florida 33128 T 305-375-3111 F 305-375-3160 CERT, NO: 10925 Approval Date: 11/29/2012 -SBE Expiration Date: 11/30/2014 ANNUAL ANNIVERSARY: 11/29/2013 Dear Mr. Gonzalez: Small Business Development (SBD), a division of Regulatory and Economic Resources Department (RER) has completed the review 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 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 fimi's Anniversary Date. 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 RER website http://www. miamidade.gov/busIness/business-certification-programs. asp. Thank'yo'u,for doing business with Miami Dade County. Sincere) r heririft, Director usiness Opportunity Support Services mall Business Development Division Regulatory and Economic Resources Department (RER) CATEGORIES: (Your firm may bid or participate on contracts only under these categories) INSPECTION SERVICES, CONSTRUCTION TYPE (SBE) HAULING SERVICES (SBE) COST ESTIMATING (SBE) CONSTRUCTION CONSULTING (SBE) PLUMBING MAINTENANCE AND REPAIR (INCLUDES TOILETS, ETC.) (SBE) ROOFING, GUTTERS, AND DOWNSPOUTS MAINTENANCE AND REPAIR (SBE) BUILDING CONSTRUCTION, COMMERCIAL AND INSTITLMONAL (S E) . FINISHES: FLOORING, WALL AND CEILING, ETC. (SBE) / f, .�/f E t'r, I LCOI Ce.- Even 2 n MAINTENANCE AND REPAIR, INDUSTRIAL BUILDING (SBE) DB011.0020 v20120706 Mr. Gonzalez ABC CONSTRUCTION, INC. November 29, 2012 Cert No: 10925 CATEGORIES: (Your firm may bid or participate on contracts only under these categories) SPECIAL CONSTRUCTION: OBSERVATORY, SECURITY, SPECIAL ROOMS, ETC. (SBE) BUILDING MAINTENANCE, INSTALLATION AND REPAIR SERVICES (SBE) BUILDING CONSTRUCTION SERVICES • EQUIPMENT, (SBE) SrrE WORK CONSTRUCTION SERVICES (SBE) c: Adriana Coba, Certification Specialist Veronica Clark, RER, SBD DBDR0020.201 2117116 BIZNET Main BizNet Profile: ABC CONSTRUCI ION INC Page 1 of 1 Name: ABC CONSTRUCTION INC Business Description: GENERAL CONTRACTOR Street: 7215 NW 7TH STREET City: MIAMI State: FL Zip: 33126-0000 County: DADE District: DISTRICT SIX Phone: (305) 663-0322 Fax: (305) 267-2403 E-mail: lgonzalezaabc construction.cc Work Location: County: MONROE DADE District: DISTRICT SIX Contact: JORGE GONZALEZ . UCP Cert. DBE State Cert.: OBE UCP Certifying Member: MDC First SC: 735 First NAICS: 236115 2nd SC: 750 3rd SC: 770 4th SC: 522 5th SC: 6th SC: 7th SC: 8th SC: 9th SC: 10th SC: 2nd NAICS: 236116 3rd NAICS: 236117 4th NAICS: 236118 5th NAICS: 23621 6th NAICS: 23622 7th NAICS: 23711 8th NAICS: 23811 9th NAICS: 23812 10th NAICS: 23891 llth NAICS: 23822 ACDBE: No NOTE: OBE stands for Other Business Enterprise indicating that the firm is not certified. Florida Department of Transportation 2008. _ _ https://ww_w3.dot.state.fi.us/EqualOpportunityQffice/biznet/profile.asp2B_LISNO=1.140-- - • Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215 NW 7th St Mlami, FL 33126 Department of Regulatory and Economic Resources Small Business Development 111 NW 1 Street, 19th Floor Miami, Florida 33128 T 305-375-3111 F 305-375-3160 Anniversary Date: November 29 Dear Mr. Gonzalez: The Miami Dade County Small Business Development (SBD) under Business Affairs, a division of Regulatory and Economic Resources Department (RER), is pleased to notify you of your firm's continuing eligibility as a Disadvantaged Business Enterprise (DBE) under the Florida Unified Certification Program (UCP) in accordance with 49 CFR Part 23 and 26. Your firm is certified in the categories listed below. Your DBE certification Is continuing from the Annibersary Date listed above, contingent upon your firm maintaining its eligibility annually through this office. You will be notified of your annual responsibilities in advance of the Anniversary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date to maintain your eligibility. Your firm will be listed in Florida's UCP DBE Directory, which can be accessed through the Florida Department of Transportation's wLebsite: www.dot.state.fLuslequalopportunityofftce and then selecting "DBE Directory.' If, at any the time, there is a materiel change in your firm, you must advise this office, by sworn affidavit and supporting documentation, within thirty (30) days. Changes Include, but are not limited to, ownership, officers, directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with other firms or individuals or the physical location of your firm. After our review, you will receive Instructions as to how you should proceed, If necessary. Failure to do so will be deemed a failure on your part to cooperate and will result In action to remove DBE certification. If yoy�iquestions or concerns, you may contact our office at 305=375-3111 ncer ShecGriff, Business Support Services, Director Malt Business Development CATEGORIES: (Your firm may bid or participate on contracts only under these categ ories) Conmercial And Institutional Building Construction Industrial Building Construction New Housing Operative Builders New Multifamily Housing Construction (Eeept Operative Builders) New Sing le -Fanny Housing Construction (EeptOperatveBuilders) Plumbing, Heating, And Ar-CondltIoning Contractors Poured Concrete Foundation And Structure Contractors Residential Remodeiers Site Preparation Contractors Structural Steel And Precast Concrete Contractors Water And Saltier Une And Related Structures Construction cc: Veronica Clark RER, SBD u D60RPJeE_CONT aeJPPRWAL v20121024 PENDING PROJECTS B 0 N D PROJECT NAME STATUS PROJECTED START DATE CONTRACT AMOUNT PROJECTED TO FINISH OWNER SOUTH CAMPUS SOCCER FIELD PENDING TO START NOV-12 $ 1,259,459.00 AUG-13 BROWARD COLLEGE PONCE DE LEON BOULEVARD/ALHAMBRA CIRCLE LANDSCAPING PENDING TO START JAN-13 $ 533,450.00 APR-12 CORAL GABLES REGIONAL HEAD START CENTER @ ARCOLA LAKES PENDING TO START FEB•13 $ 4,275,D00.00 FEB-14 MIAMI DADE COUNTY HAMMOCKS PAVILION RENOVATION PENDING TO START FEB-13 $ 248,000.00 AUG13 CRY OF PINECREST LL IN B 0 N D PROJECT NAME STATUS BALANCE TO FINISH CONTRACT AMOUNT COMPLITION DATE ARCH t to I OWNER CRANDON PARK MARINA ENTRANCE, PARKING, & DOCK GATES WORK IN PROGRESS 58.00 !o $ 2,884,999,00 MIAM) DADE PARK/BYRON DOWELL AU1313 Y LAN CARGO BLDG 710 PHASE II COOLER EXPANSION MIA WORK IN PROGRESS 200% $ 1,800,000.00 LAN CARGO SA JAN-13 Y MIA BLDG 861 HANGAR 7 & BLDG 862 HANGAR 6 UPGRADE WORK IN PROGRESS 1.00% $ 393,845.32 MIKE GOMEZ CONSTRUCTION AUG-12 r G.T LOHMEYER WWTP BUILDING PARAPET REPAIR WORK IN PROGRESS 25.00% $ 590,025.00 CITY OF FORT LAUDERDALE JUL--12 Y MIA BACK TERMINAL D-H LSMP LIFE SAFETY PHASE 1 WORK IN PROGRESS 54,50% $ 2,477,097.50 MIAMI DADE AVIATION DEPT/MR RODRIGUEZ OCT-12 Y COOPER CI Y LIFT STATION NO # 1 REHABILITAION WORK IN PROGRESS 8.88% $ 228,480.25 CITY OF COOPER CITY MAR-12 Y METROMOVERS ESCALATOR COVERS & REPLACEMENT WORK IN PROGRESS 27.70% $ 5,958,223.70 MIAMI DADE COUNTY TRANSIT DEC-12 r PAINTING & STUCCO REPAIRS CHAPEL TRAIL ELEMENTARY WORK IN PROGRESS 1.50% 0 503,109.00 THE SCHOOL BOARD OF BROWARD COUNTY APR-12 Y GAS PIPE BETWEEN LANDFILL & COGEN BLDG SSDWWTP WORK IN PROGRESS 26.20% $ 2,416,806.57 MIAMI DADE WATER & SEWER/JOAQUIN ROA APR-12 Y 1-I ENGINE #5 WITH THE EAST PUMP ROOM r WORK IN PROGRESS 18.5% $ 1,168,481.75 MIAMI DADE WATER & SEWER/JOAQUIN ROA MAR-12 PROJECTS COMPLETED B 0 N D " PROJECT NAME . . ... ... .... ..... .". � ' ' '.. '. . CONTRACT PRICE . .. .. .... .. TYPE OF CONST v- . LOCATION OF WORK � - ..... n %M: n."p. 4lc4{' q OWNER NAME t y l+y%ib. •Ry+•Mr 1. a.rn...r. . ,l •±µ}r rc YEAR \�i:u': }.v� MIA-J MECH RM MEZZANINE SAFETY RAILINGS $ 8,500.00 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION t rv._t-.(l...n 2012 N SHENANDOAH BRANCH UBRARY SRE ENHANCEMENTS-LANOCAPE $ 46,200.00 RENDVAI10NS MIAMI 2012 MIAMI DADE COUNTY -INTERNAL SERVICES r AUDITORIUM SEATING REPAIR & REFURBISHING $ 135,644.82 RENOVATIONS BROWARD THE SCHOOL BOARD OF BROWARD COUNTY 2012 N $ 20,000.00 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION 2012 MGC-MIA - CONCOURSE F STAIN! mR STEEL COLUMNS Y SEWAGE PUMP STATION # 0522 CONTROL ROOM &ADDITION $ 1,310,385.00 RENOVATIONS MIAMI MIAMI DADE SWATER & 9EWER/GARY CLARKE -- 2012 Y MIA FRONT TERMINAL D-H FIRE SPRINKLER SAFETY UPGRADE $ 3,212,980.00 RENOVATIONS MIAMI MIAMI DADE AVIATION DEPT/MR RODRIGUEZ 2012 N MGGMIA UPPER & LOWER DRIVE ACCESS IMPROVEMENT (B) $ 93,673.00 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION 2012 MGC-MIA (C) 704 MISC REPAIRS BATHROOM DEMO $ 68,626.00 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION 2012 N MIA (I) 704 MISC REPAIRS FIRE SPRINKLERS $ 40,350.00 RENOVATIONS MIAMI 2012 MIS GOMEZ CONSTRUCTION N MIA FIRE SUPPRESSION SYSTEMS FOR APM EQUIP ROOMS $ 29,000.00 RENOVATIONS MIAMI NATIONAL FIRE PROTECTION, LLC 2012 N NEW MARLINS BALLPARK-NAF $ 1013,676.00 NEW CONST _ MIAMI NATIONAL FIRE PROTECTION. LLC 2012 n MARLINS - SHINDLER ELEVATOR $ 41,860.00 NEW CONST MIAMI SHINDLERELEVATOR 2012 r ALHAMBRA WATER TOWER RESTORATION $ 270,788.00 RENOVATIONS CORAL GABLES CITY OF CORAL GABLES 2012 r INDIAN CREEK VILLAGE ENTRANCE IMPROVEMENTS $ 464,040.00 RENOVATIONS MIAMI CITY OF INDIAN CREEK VILLAGE 2011 r SHENANDOAH BRANCH UBRARY $ 1,088,183.00 RENOVATIONS MIAMI MIAMI DADE GSA / ALBERTO PEROIGO 2010 r MWDC DISHWASHER'S REPLACEMENT $ 257,000.00 RENOVATIONS MIAMI MOC DEPT OF CORRECTIONS/EUGEAIO RAPOSO 2010 N MIA SOUTH TERMINAL PARK 6 BRIDGE DOORS $ 55,000.00 RENOVATIONS MIAMI 2010 MIKE GOMEZ CONSTRUCTION/ JOHNTNY PECERSON N MIA -EMERGENCY REPAIR OF SPALLEO COLUMN DOLPHIN GARAGE # 3 $ 28,315.50 RENOVATIONS MIAMI 2010 MIKE GOMEZ CONSTRUCTION/ JUAN CONTRERAS r ' SECURITY ENHANCEMENT PROJECT @ OPA-LOCKA $ 1,056,134.44j NEW CONST MIAMI MIAMI DADE AVIATION DEFT/ DARREL PALMER 2010 r OPERATION CENTER WATER STORAGE & PUMPING STATION $ 2,548,294.1E RENOVATIONS N.MIAMI BCH CITY N MIAMI BEACH/CORZO CASTELLA 2009 r STORMWATER PUMP STATION # 6 REHABIJTATION $ 871,829.13 NEW CONST HOLLYWOOD CRY HOLLYWOOD/HUGO DAVALOS 2009 N PUMPING WASA #307 $ 34,556.00 NEW CONST MIAMI MIAMI DAOE WATER & SEWER/ STATEWIDE 2009 r SUNILAND PARK DUGOUTS AND BACKSTOPS $ 102,590.81 NEW CONST MIAMI VILLAGE OF PINECREST / PETER G LOMBARDI 2009 N CABLE GUARD REMOVAL/INSTALL NEW PIPE RAIL $ 47,525.55 NEW CONST MIAMI MIAMI DADE COUNTY / GSA/SPENCER ERRICKSON 2009 N VILLAGE OF KEY BISCAYNE, FLORIDA COMMUNITY $ 163,038A2 RENOVATIONS MIAMI VIUAGE OF KEY BISCAYNE 2009 N MIA -BUILDING 716-1 ORhCE RENOV $ 14,580.00 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION 2009 N MIA•FUEt FACILITY CANOPY $ 420,869.06 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION 2008 N MIA - PARK 6 SURFACE PARKING $ 801,726.52 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION 2008 N MIA -BUILDING 701 $ 17,000.00 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION 2008 r IVES ESTATE $ 4,230,357.50 NEW CONST MIAMI MIAMI DADE PARKS JOELARANGO 2008 r NEW PROTOTYPEM BRANCH LIBRARY @ INTERNATIONAL ALL $ 3,107,77220 NEW CONST MIAMI MIAMI DADE WA / AUCIA ARGUELLES 2008 r HAULOVER PARK- FOUR NEW BATHROOMS $ 2,104,085.84 NEW CONST MIAMI MIAMI DADE PARKS JOEL ARANGO 2008 r SOUTH TERMINAL $ 428,732.20 NEW CONST MIAMI PEREZ & PEREZ-MIA 2008 r $ 259,631.00 RENOVATIONS MIAMI CITY OF CORAL GABLES / LA/9 2007 TROLLY DEI-rui FACILITY PHASE # 1 CRY OF CORAL GABLES SERENA LAKES SHOPPING CENTER $ 2,900,000.00 NEW CONST MIAMI JRC ENTERPRISES, INC. 2006 r NEW MAINTENANCE 9HED AND SUPPORT FACILTTEV3 $ 841,000.54 NEW CONST MIAMI MIAMI DADE PUBUC WORKS / LUIS BLADO 2006 r METRO ZOO / GIRAFFE I-u.uING STATION $ 401,650.09 NEW CONST METRO ZOO MIAMI DADE PARKS JAY FORM 2006 PROJECTS COMPLETED B„.....:.:...... 0 N D PROJECT NAME CONTRACT PRICE _... TYPE OF CONST .. .RENOVATI ;, :... ..a. LOCATION OF WORK �.,.—_,...A-..,:.—s.4+ : w� OWNER NAME r+i : 43:, :a a4ao aai A :, rit � •..,.... YEAR -. N BLACK POINT MARINA $ 92,000 .00 RENOVATIONS BL P01NT MARINA �+• .- ;.,,, 2006 SMARM ELECTRIC y MIA BUILDING 708 EXTERIOR REPAIRS & PAINT $ 697,416.95 RENOVATIONS MIAMI INTL AIRPORT MIAMI DADA AVIATION DEPT 2006 N FIRE STATION # 04 ( NEW BUILDING) $ 348,322.84 NEW CONST MIAMI BEACH 2005 CARIVON CONSTRUCTION, City OF MIAMI BCH y MIA 776N-2 AA CABIN SERVICES RELOCATION $ 416,925.13 RENOVATIONS MIAMI INVL AIRPORT ` TURNER-AUSTIN-AMER[CAN AIRLINES 2005 y MIA737G C-1 $ 1,188,135.30 RENOVATIONS MIAMI INTL AIRPORT AVEMURA-M A 2005 y MIA 7761.1 & 2 $ 211,123.00 RENOVATIONS MIAMI INTL AIRPORT TURNERAUSTIN-AMERICAN AIRUNES 2005 N STAR CONDOMINIUMS $ 219,518.00 RENOVATIONS BAY HARBOR ISLAND SCOTT ROBINS 2005 y HOMESTEAD AIR BASE HOUSING FOR HOMFI FSC $ 314,293.00 NEW CONST HOMESTEAD CAMILAS HOUSE/ PINACLE HOUSING GROUP 2004 y EIJREKAVILLA / BIRD LAKES $ 1,209,408.0o NEW CONST MIAMI MIAMI DADE PARKS RAFAEL PUENTE 2004 N INCINERATOR FACILITY / CORAL GARAI F5 $ 139,350.00 DEMOLITION MIAMI CITY OF CORAL GABLES 2004 Y EUREKA PARK FIELD LIGHTING UPGRADE $ 494,000,00 NEW CONST MIAMI MIAMI DADE PARK RICHARD CABRERA 2004 Y 776E INS OFFICE RELOCATION $ 52,000.00 RENOVATIONS MIAMI INTLAIRPORT TURNER.AUSTIN-AMERICAN AIRLINES 2004 Y MIA776A-1 DUTY FREE $ 571,001.87 RENOVATIONS MIAMI INTL AIRPORT TURNER-AUSTIN-AMERICA AIRLINES 2003 N WESTVIEW MIDDLE SCHOOL $ 94,516.00 RENOVATIONS MIAMI MCM Li1NSTRUGTION 2003 N • DADELAND $ 15,850.00 RENOVATIONS MIAMI DPhil 2003 Y THREE LAKES PARK $ 742,168.41 NEW CONST MIAMI MIAMI DADE PARKS DAVE THOMASON 2003 Y S. MIAMI HEIGHTS $ 58,000.00 DEMOLITION MIAMI MIAMI DARE WATER & SEWER 2002 y 741E $ 914,00127 DEMOLITION MIAMI INTL AIRPORT TURNERAUSTIN-AMERICANAIRUNES 2002 Y TROPICAL PARK $ 350,768.00 NEW CONST MIAMI MIAMI DADE PARKS RICHARD CABRERA 2002 y CRANDON PARK $ 154,570.19 RENOVATIONS MIAMI MIAMI DADE PARKS DEAN GAFFNEY 2002 y SCUD WASTE $ 243,000.00 RENOVATIONS MIAMI MIAMI DADE SO UO WASTE MANAGEMENT 2002 Y MILLERS POND $ 352,424.00 RENOVATIONS MIAMI MIAMI DADE PARKS LESTER GATES 2002 y OREYNOLDS PARK $ 4,995.00 PANTING MIAMI MIAMI DADE PARKS DEAN GAFFNEY 2002 N METRO WEST $ 215,000.00 RENOVATIONS MIAMI GSA MIAMI DADE COUNTY 2001 N PWAC $ 97,000.00 RENOVATIONS MIAMI PWAC 305-573-6010 2001 N HOMESTEAD $ 55,000.00 SITE WORK MIAMI CRAWFORD 305-596-446D 2001 N CORAL GABLES $ BOo,000.0a NEW HOME MIAMI JORGE BERNAL 2000 721 5 NW 7 Street Miami, Florida 331 26 Tel: 305.663.0322 Fax; 305,257. .d,i,C)3 BUSINESS REFERENCES MIAMI DADE COUNTY PARK .& RECREATION Mr. Joel Arango Ph: 305-755-5453 275 NW 2' Street Miami, FI 33128 E-mail: JAranoo©miamidade.gov MCM CORPORATION Mr. Alexis Leal Ph: 305-541-6869 Ext.36 6201 SW 70th Street 2Floor Miami, Fl 33143 E-mail: aleal©mcmcorp.com MIAMI DADE COUNTY GENERAL SERVICES ADMINISTRATION Mrs. Alice Arguelles Ph: 786-263-6406 172 West Flagler Street Suite # 330 Miami, FI 33130 E-mail: APEREZ@miamidadegov MIAMI DADE COUNTY PARK & RECREATION Mr. Jay Forni Ph: 305-596-4460 11395 SW 79th Street Miami, Fl 33128 E-mail: j26408@miarnidade.qov MIKE GOMEZ CONSTRUCTION Mr. Anthony Timothy Ph: 305-876-8444 P.0 Box 998932 Miami, Fl 33299 E-mail: atim@mikeoconstcom 7215 NW 7 Street Miami, Florida 33128 Tel; 305.663.0322 Fax; 305,267.24.03 MIAMI DADE AVIATION DEPT. Roberto Rodriguez, Architect -Project Manager Facilities Section 4200 N.W. 36°' Street Suite 400 Miami, Florida 33122 Ph: 305 8691258 Fax No: 305 876-7297 RWRODRIGUEZ@miami-eirport.conn CORZD CASTELLO CAF1BALLO THOMPSON SALMAN. P.A Mrs. Eleane Navarro Ph. 305-445-2099 X 2276 901 Ponce de Leon Blvd. Ste 900 Coral Gables, FI 33134 E-mail: ENAVARM@c3ts.com ABC CONSTRUCTION, INC. P.O. BOX 558087 MIAMI 1174 33255 • CITY OF PENIBROKE PINES 10100 PINES BOULEVARD, PEMBROKE PINES, FL 33026 BU2-HAMS•; i ASC;.rO}STRUCTION,'Ii�?,U;: ::..'. 8U8-ADDFC`:`:' :235=A.IJ`tJNIVERSITX DRIVE.' PEMBROrg .PINES ' st BUS-DksCR GENE32At,. CONTRACTOR .BQ$TNSss CIrASSIFICATIOH COC ..'":;• :CONTRACTOR':..— GENERAL • SION 'SXTEMMU, BUS NES' LOCAL BUSINESS TAX RECEIP RECNTPT-YEARi OCTOBER 1. 2 01 2 : t hr11 • SEP.TBMBER .3 0, 2013 rraTXCE ::' r; i1U19�1i112uI1I11Elallll1t. the.:eyent . ttie'76uaisiese "`'fa wh3 cii "Zhi s ; " receipt', was isstie8 •'chaagea'"har ds, ;the'' receipt wi4 become'iru1.t" a i8" voi8:';Aa'applicatioa >aos'a"new receipt must lie'mage. .....S2CEIPT..TYPES:' REGULAR;. T,ICENSE .. CTIVE 10/(4/2012 22.12 PRRMIT-NUMB CT=7YPE P/Pines • P Pines 3.0 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895.954-831-4000 VALID OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013 DBA Business Name: ABC CONSTRUCTION INC Owner Name: JORGE GONZALEZ Business Location: 235A PEMBROKE PINES FL PEMBROKE PINES Business Phone: Rooms. Seats Receipt #:a-801115 CON Business Type:coN.RAcroR) Business Opened:10/17/2007 StatelCounty/Cert/Reg:CGCA6 0 03 7 Exemption Code: Professionals Number of Machines: For Vending Business Only R fG Tax Amount Transfer Fee ' NSF Fee Penalty .w.u.....y .ype: Prior Years Collectlon Cbst Total Paid 27.00 0.00 0.00 0.00 0.00 0.00 27.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT WHEN VALIDATED Mailing Address: JORGE GONZALEZ PO BOX 558087 MIAMI, FL 33255 This tax Is levied for the privilege of doing business within Broward County and is non -regulatory in nature. You must meet all County and/or Municipality 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 location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. 2012 - 2013 Receipt 4035-11-00007862 Paid 08/27/2012 27.00 i• ARD COUNTY OFFICE OF ECONOMIC AND MALL BUSINESS ,DEVELOPMENT Governmental Center Annex 116 S. Andrews Avenue, Room AM,. Fort Lauderdale, Florida 3Z301 954.357-0400 0 FAX 954-357-6674 • rry 954-3r7^5664 Nav©rnber 23, 2010 Mr. Jorge Gonzalez ABO Construction, Inc. 7280 NW 8 Street Miami, Florida 33024 Dear Mr. Gonzalez: The Broward County Office of Economic aSmall Business Development is pleased to award your company certification as a County Business Enterprise. Your firm is now eligible to participate in the Office of Economic and Small Business Development programs. Now that your firm is certified, learn tine secrets of How to do Business with Broward County by attending our monthly workshop held every third Thursday of the month. For specific time and location, please visit our website al jitto:fiwyww browo�slma6lb�sinessiwelcome. in order to participate In Broward County projects, you must +:•.lain a vendor registration number with the Broward County Purchasing Division. To obtain a vendor registration number go to, htto:/lwww.browerel.oro/ourchasince Toreview current Browa:d-County Government bid opportunities visit; htlp^Jiwww.broyard.orelpurchasing urrgnIsoiicit pone htne 'd opportunities over $30,000 will be advertised to vendors via a -mall. Please keep both the Purchasing Division and the Office of Economic and Small Business Development apprised of your ourrent a -mall address. You are certified to participate in the following cetegory(s): Construction Services. This is also how your lsting in our directory will read, You may access your firm°s listing by visiting the Office of Eoonomlc and Small Business';Developrrent Directory, located on the Internet at; //v d bro rsrd.oroJsrnail business. Glick on'Sweatt-<<:siness Directory". We look forward to working with you to achieve greater opportunities for your business through county procurement. Sincerely, • Freddy Justino Castillo, Manager Office of Economic and Small Business Devet nont Celt Agency: BC-C9E CERTIFICATION EXPIRATiON DATE;11/23/2013 fee of <<. ono nd Business Devdopment Governmental Center Annex • 115 S. Andrews Avenue, Room A6EO a For Lauderdale, Florida 3 301 •954357-U00 • FAX 954357-6010 *TTY 95,057 51364 As sca forth in the B informs Opportwnity Act of 2034 smd or the C ut y Businesspt°,;;e a c u f 2 V9, ¢ne certiiicatiorl requirements have been met for. unty Business Enterprise The Office of Economic and Serail Business Dercfoprucnt moat beautified within 30 dam or gay q►atcrief duen es in fie businefs %Rich may affect ownership and control Failure to do so may mull in die revocation of this certificate undtor isnpeuition or aches sanctions_ A it tames et the B,aard County Board of County Conmlu Fonees rrr.wb enraN_aph nunpuynesa THE SCHOOL BOAR r. OF }ROWARD COUNTY, FLORIDA 1643 North Harrison Parkway, Bldg H • Sunrise • Florida 33323.• Tel 754.321-1670 • Fax 754-321-1680 FACILITIES & CONSTRUCTION MANAGEMENT SCHOOL BOARD Denis Herrmann, Director hair ANN MURRAY Design and Construction Contracts Vic• Chair LAURIE RICH LEVINSON une 13, 2012 Jorge Gonzalez ABC Construction Inc. 7280 NW 8 St Miami, FL 33126 &Jan,' Memhers ROBINBARTWWAN MAUREEN S. DINNEN PATRICIA GOOD DONNA P. KORN KATHERINE M.LEACH NORA RUPERT BENJAMIN J. WILLIAMS ROBERT W. RUN ri .Superb:te a m of Schools. Subject: CCNTRAC'li'O" P1fi QUALIFICATION CE TIFICATIGN Dear Mr. Gonzalez: The School Board of Broward County, Florida, at its meeting on 5/15/2012, approved re -certification of your firm as a Pre -Qualified Contractor. As such, your firm has certain rights and privileges according to Board Policy 7003. These include: • The right to submit bids up to the per project and aggregate limits set forth in the ceitificate e Certification for one year from the above meeting date e Annual Renewal of your certificate by submission of updated information within 30 days notice You must notify this office if the status of your firm changes. Failure to report changes that affect the ownership and control of your firm may result in decertification. Any change to your certification requires you to submit proof of expertise, licensure and business history (at minimum) to justify the additional certification, Further, your firm is subject to periodic performance evaluation, which could result in suspension or revocation of pre -qualified status. Certification is not a guarantee that your firm will receive work. Should you have any further questions regarding your certification contact Daisy Rodriguez at 754-321-1670. • PFiili, Kaufold Construction Purchasing Agent Design and Construction Contracts PDK:dr Attachment c: Ftle The School Board of Miami -Dade County, Florida Certificate of Contractor Prequalification is issued to You are hereby prequalified to submit bids for Miami -Dade County Public Schools projects in accordance with the following dates and bid limits: Single Bid Limit Aggregate Bid Limit Jaime G. T rens, Chief Facilities Officer Office of School Facilities ROWARD OFFICE OF SUPPLIER DIVERSIT.' .' Thursday, May 17, 2012 ABC CONSTRUCTION, INC Jorge Gonzalez 7215 NW 7 Street Miami, FL 33126 JGONZALEZ ABCCONSTRUCTION.CC Dear Jorge Gonzalez Congratrnlationsl Broward General Medical Center Coral Springs Medical Center Imperial Point Medical Center North Broward Medical Center Chris Evert Children's Hospital Browsrd Health Weston Community Health Services Broward Health Physician Group The OSD has determined ABC CONSTRUCTION, INC is eligible to participate in Broward Health's Supplier Diversity Program. The Office of Supplier Diversity (OSD) has received and validated your firm's certification documentation from one of BH's approved certification partners to document your firm as a Certified Diverse Vendor in accordance with BH's Supplier Diversity Program policy. The following are BH's approved certification partners: ® State of Florida - Office of Supplier Diversity • Broward County - Small Business Development Division • School Board of Browa r County - Office of Supplier Diversity and Outreach • Florida Regional Minority nsiness Council (FRM It C) o Florida - Women ti insinness Development Center (F/WBDC) • Palm Beach County - 0 'cc of Small Business Assistance • Miami Dade Conn i ty a Office of Small Business Your firm's eligibility status as a certified diverse vendor is valid thru 04/30/2015. You are encouraged to visit our online certified diverse vendor directory at wrww. rnvardhealth.orc/diversity to view your firm's diverse vendor status information and view BH's current procurement opportunities. During the certification period, you are required to maintain current contact information of your firm with Broward Health. My changes occurring in ownership and or managerial/operational control of the firm, please notify your firm's approving certification organization immediately. Thank you for your interest and participation in Broward Health's Supplier Diversity Program, Sincerely, /(/'I//I• r(/ . LaRae P. Floyd Manager •if1•3 C C 19th oa ra _. . THE SCHOOL . ;OA OF ', OWARD COUNTY, FLORIDA SUPPLIER DIVERSITY & OUTREACH PROGRAM 7720 W. Oakland Park Blvd., Smite 323 Sunrhe, FL 33351 754-321-0550 April 23, 2012 ABC Construction, Inc. Ms. Laura Gonzalez 7215 NW 7 Street Miami,. FL 33126 Dear Ms. Gonzalez: SCHOOL BOARD ChdrANN MURRAY t7n Ch,fLAURUE RICH LEVINSON ROBIN BARTLEMAN MAUREEN S. DINNEN PATRICIA GOOD DONNA P. KORN KATHERINE M. LEACH NORA RUPERT BENJAMIN J. WILLIAMS ROBERT W. RUNCIE Superintendent orSebeols COIN i'; ATULATBONS! Your application for certification as a IvIinority/Women Business Enterprise (M/WBE) is approved. The enclosed certificate becomes valid when bids are advertised within your area of specialty. The Purchasing Department has entered into an agreement with DemandStar.com a government bid service provider. Although it is not necessary to be registered with them to do business with the SBBC, being a member of the DemandStar.com network provides many benefits. For more information on DeniandStar.com, you may contact them at (800) 711-1712 or at www. demandstar.com. If your firm is qualified in the construction arena please view http;//www.broward.k12.fl. us/constructioncontracts/homelhome001.htm. for further assistance. We encourage you to become an active bidder in the contracting and subcontracting opportunities with the School Board of Broward County. The following data reflects the manner in which your company is listed on the School Board's mainframe computer system. Certificate Number: 7007-3870 - 02 Certification Status: Apr 30, 20t2 unt61 Apr 30, 2015 Minority Status: Hispanic -American (MIWIE) Trade or Service: (general Contractor Your certification is valid for a three (3) year period, and it is subject to review in order to verify continued eligibility. Should any change occur which may adversely affect the minority status of your company, please notify the Supplier Diversity & Outreach Program Office within fifteen (15) calendar days. Failure to do so may result in de -certification of your minority/women certification status. Should you have any questions regarding your certification status with the School Board of Broward County, I may be reached at 754-321-0550. Also, if there are any questions regarding your certification status with the Broward Health, they may be reached at 954-831-2795 and Broward County Board of County Commissioners at 954-357 -7800. Sincerely, Marcy Houser M/WBE Specialist SUPPLIER DIVERSITY & OUTREACH PROGRAM Enclosures (2) Transforming Edeacatioa: One Student at r4 Time Seaward County .Public .cehnnts Iv .Bn . • BROWARD COUNTY PUBLIC SCHOOLS SUPPLIER DIVERSITY & OUTREACH PROGRAM A DIVISION OF SUPPLY MANAGEMENT & LOGISTICS DEPARTMENT ments for certification established by Broward County Public Schools Supplier Diversity & Outreach Program as a (an) it.nARV, wow. MarcyllHouser, lM/WBE Specialist BROWARLY E.. ;COLLEGE www.broward.edu WILLIS HOLCOMBE CENTER 111 East Las OIas Blvd. Fort Lauderdale, FL 33301 0Y511TUTE FOR ECONOMIC DEVELOPMENT 111 East LasOlas Blvd Fort Lauderdale, FL 33301 A. HUGH ADAMS CENTRAL. CAMPUS 3501 S.W. Davie Road Davie, FL 33314 NORTH CAMPUS 1000 Coconut Creek Blvd. CornoutCreek, FL 33066 JUDSON A. SAMUELS SOUTH CAMPUS 7200 Hollywood/Pines Blvd Pembroke Pines, FL 33024 PINES CENTER 16957 Sheridan St. Pent broke Pines. FL 33331 WESTON CENTER 4205 Boneveruure Blvd. Weston, FL 33332 b1RAMAR AUTOMOTIVE/ hIARINE CENTER 7451 Riviera Blvd. Miramar, FL, 33023 MIRAMAR TOWN CENTER 2050 Civic Center Place Miramar, FL 33025 TIGBRTAIL LAKT RECREATIONAL c (tER 560 Culfstream Way Dania Beath, FL 33004 May 15, 2012 Jorge Gonzalez ABC Construction, Inc. 7215 NW 7TH Street Miami, FL 33126 Dear Jorge Gonzalez: PROCUREMENT SERVICES Willis Holcombe Center Phone 954-201-7455/Fax 954-201-7330 www.broward.edu/procurement OFFICE OF SUPPLIER RELATIONS AND DIVERSITY Congratulations! The Broward College Office of Supplier Relations and Diversity has determined ABC Construction, Inc. is a Certified Diverse Vendor. We have validated your firm's certification documentation from one of our certification partners. Your certification determination with Broward College will expire according to the date indicated on the certification document provided to us ABC Construction, Inc. Your firm's status as a Certified Diverse Vendor is valid through April 30, 2015. Broward College provides access to supplier resources and procurement opportunities online at www.broward.edu/procurement, This Zink also gives you access to the Certified Vendor Directory and the Seahawk Sourcing System for supplier management and registration. During the certification period, you are required to provide current contact information for your firm to the Office of Supplier Relations and Diversity. Report any changes in your firm's ownership and managerial or operational control to your company's certifying agency. Should you have any questions, you may contact the Office of Supplier Relations and Diversity by telephone at 954-201-7898 or email SDC@broward.edu. Sincerely, Shirley Gainey Director, Supplier Diversity AN BQUAL ACCES..,,OQUAL OPPORTUN TY INSTITUTION COI\ TF11 or•J BANK REFERENCES REGIONS BANK ADDRESS: 8373 WEST FLAGLER STREET MIAMI, FL CONTACT: ANDREA ABUCHA1BE PH: 305-262-4120 FAX 305-264-4120 7215 NW 7 Street Miami, Florida 33126 Tel: 305.663.0322 FeK; 305.267.2403 7215 NW 7 Street Miami, Florida 331 2S Tel; 305.693,03222 Fax; 305.267.2403 LIST OF THE EQUIPMENT • 2008 - Bobcat 262 Cat • 2008 - Roller 224 E Cat ® 2008 - Backhoe 430E Cat ■ 2005 - Telehandler 560 Cat ■ 2002 - Bobcat 773 ■ 1999 - Dozer D-5 Cat 1. 2006 - Generator 40 K • 1999 - Forklift Toyota El 2008 - Self Propelled Scissor Lift GS-2032 ■ 2006 - Genie S6D 1 1 INVIV / Street Mliiomi. Florida 30123 Tel., 3E15.263-0022 Fax 3100..287 03 TRADE REFERENCES COMPANY NAME PHONE HUGHES SUPPLY 305-477-3045 TAMIAMI RENTALS 305-282-1020 RAMON CARPET & FLOORING 305-55A 9007 ADONEL CONCRETE 305-392-5416 Ext # 131 PEOPLE'S PLUMBING 305-885-7473 FLORIDA DEMOLITION 305-333-1109 FPG WHOLESALE 305-268-2296 PROGLASS SYSTEMS 305-639-2634 STATEWIDE ELECTRICAL 305-592-6965 BANK REFERENCES REGIONS BANK ANDREA ABUCHAIBE 305-262-1478 BANK UNITED AIMEE LEWINTER 305-712-2888 TD BANK, NA PABLO PING 305-724.4888 BONDING COMPANY THE GUARANTEE COMPANY 1 866-403-2944 OF NORTH AMERICA USA BONDING AGENT NIELSON, HOOVER & ASSOCIATES CHARLES NIELSON 305-822-7800 12 5 l'+mi a.l iy?�s�i.�Y• i'r:.i-+sv.: ¢.�Ikrt:R+ai.i.21:.w •.sa..u5!:n�r.:Fes'4sb`H'Ma#�r�iH'f?t.%i�ii'�kTtitie',�t' 4t` ASGIiV.R+d�s'�+A1SY4�dY�S�17sY MOT PR % ECTM MIA -UPPER AND LOWER DRIVE ACCESSIBILITY IMPROVEMENT. Work of this Contract consist general removal and replacement of exterior ramps at the upper and lower levels vehicular ramps to meet current accessibility requirements, The scope also Includes installation of detectable/tactile warning surfaces at new and existing ramps. All work is ulandside° Project location: Miami International Airport Contact: Greg Tal / 305-876-8444 MIA - PARK 6 SURFACE PARKING We constructed a new parking lot of appx 350 cars at the exit of Miami international airport, In addition, installed fencing to throughout the site to enclose the parking lot. Project location Miami International Airport Contact: Anthony Timothy Ph: 305-876-8444 SECURITY ENHANCEMENT PROTECT @ OPA-LOCKA Install Security fencing throughout Opa-Locica airport. Install 8-foot fence with barbwire, slidiing gates, Guardhouse, asphalt work, curb, and gutter as needed. In addition, a lot of electrical security works. Also, install access control provided by Matrix. Project Location: Opa Locka Airport Contact: Darrell Palmer Ph: 305-876-7565 INDIAN CREEK VILLAGE ENTRANCE IMPROVEMENTS Work for this project consists of a total reconstruction to the entrance of the island, Consisting of new concrete curbs, asphalt, landscape, Irrigation, pavers, and construction of 2 buildings on top of the existing bridge that leads into the island. MOT service had to be provided In phases as this is the only access Into the highest priced real estate in Miami Dade County. Project Location: 9080 Bay Drive Indian Creek, Fl. 33154 Contact: Skyline Management Group, Inc Paul T. Abbott: Ph: 305-773-2.655 CONSTRUCTION, INC Gas Pipe between Landfill & Cogen Building @ 5DWVVTP Installation of a new Landfill Gas (LFG) metering station, a LFG compressor station, a 5,206 linear foot 8-inch I-IDPE 'underground/coated carbon steel aboveground LFG pipeline $2,416,806.57 ;ewage Pump Station No. 0522 :ontrol Room addition and Ilectrical improvement Consist of fUrnishing all labor, materials and equipment necessary to construct the control Room addition and Electrical Improvement to Sewage Pump Station, excavation, demolition and removal of existing booster pump, piping and fittings; removal of existing cone valves, actuators, piping and fitting; removal of existing 480 V switchgear, motor control cabinets, electrical conduits and fixtures, removal of a portion of existing concrete block wall for doorway opening, pavement and sod; existing FPL electrical services; disconnect existing emergency generator electrical services, furnish and install four (4) Horizontal Centrifugal type single stage sewage Pumps, bases, sensors, piping, fittings and appurtenant equipment $1,445,270.00 w Prototype Branch Library ternational Mall New Library Building, Parking Lot & Water and Sewer Utilities $2,497,270.00 armwater Pump Station No. 6 Demolition of existing Pump House and construction ofanew Pump House y of Hollywood building complete w/Two ABS Submersible Pump & Stormwater Tap $1,312,411.17 eration Center Water Storage Construction of structural Enclosure surrounding existing water tank, of North Miami Beach Generator room & Pump House Room $2,549,354.64 Jlover Park Restrooms '00 Collins Avenue Const. of a four new Restrooms Bldg, approx 850 LF of sewer lines & Approx 320 LF of Water Main $2,404,085.84 ) NW 8TEE STREET MIAMI, FL 33126 P11: (3os) 663 0322 'AX: (305) 267 2403 FLORIDA DEPARTMENT ©f CORRECTIONS An Equal Opportuxlly Employer Governor RICK SCOTT Secretary KENNETH S. TUCKER 501 South Calhoun Street,Te➢ahamee,Ftaida 32399-2500 May 7, 2012 ABC Construction, Inc. Mr. Jorge Gonzalez, President 7215 N. W. 7th Street Miami, Florida 33126 Re: New 2011.2013 Biennium Prequalification Confirmation Letter Dear Mr. Gonzalez: http://www.de.state.fLus I have received the necessary corporate documents andi icenses from yorr company, and verified their active status. In accordance with Rule 60D-5.004, Florida Administrative Code, you are hereby advised that your fn-m's address has been updated in our records, and your firm is prequalified for bidding as Certified General and Plumbing Contractors from the date of this letter for the New Biennium, which began July 1, 24111, and urns through %kin z 30.. 2413, on projects advertised and administered by this Agency. This letter of prequalt�cation Is valid for grry project that is bid by tke Deportment, or one of its agents, throughout tie btenniurn. YOU DO NOT NEED TO PREQUALIFY FOR EACH PROJECT' DURING THIS BIENNIUM; HOWEVER, YOU MUST FROVIDEA COPY OF THIS LE'MR WITH EriCE4 BID YOUSUB;hfXT It is your firms' responsibility to request renewal, and provide the proper documentation for verification, should any license(s) expire before June 30, 2013, in order to remain prequalified throughout the current period. 1 will need to receive a written request (fax or e- mail) from your firm to continue your prequalification status and must receive copies of your. renewed Corporate Charter and Contractor license(s), or Certified Minority Business Enterprise (CMBE) status, if applicable. Please be advised that prequalifcation with the Department of Corrections does not automatically prequalify your firm with other State Agencies. !Please include a copy of this letter with your response to bids, quotes, or submittals to the Department. This letter is good for ALL BIDS from now until 6/30/2013. See Paragraph 4 of this letter for renewal conditions. If you are also a CMYBBE, please include a copy of that Certificate along with the copy this letter. Please note that the Florida Department of Corrections has moved and Procurement & Supply is now located with the rest of the Department at 501 South Calhoun Street, Tallahassee, FL 32399-2500, If you have any questions or concerns, please call me at 850-717-3664, or you may fax documents to me at 850-088-7189. You may also contact me via e-mail at: rogers.sandra( meii.dcstete,fl.us Sincere] , Sandra L. Rogers, Purchasing Agent 11N/, Bureau of Procurement & Supply /slr JORGE GONZALEZ 5300 Riviera Drive Coro{ °abler, FL 33146 Tel: (305) 563-0322 Fax: (305) 247-2403 Cell: 305-796-4865 E-mail: 7goazeiez rt abu:co :tiuction.cc State Certified General Contractor License No. CCC60037 OBJECTIVE To obtain n position that involves a high degree of challenge and diversity, one which will utilize my professional capabilities and experience in a variety of business setting. LICENSES MU IlligiLIFICATIONS State of Florida Real Estate Salesman License No, SL-0501388, 20 Yeah State of Florida Mortgage Broker License No, MB 9905354, 18 Years State of Florida General Contractor License No. CGCA60037, 18 Years State of Florida Certified Plumbing License No. CFC] 427728, 1 Year 10-Hour OSHA EOOCATION Florida International University Bachelor Degree, Business Administration Miami -Dade Comrranity College Coral Gables Senior High School EXPERIENCE ABC C®NS'riat3CTIoN, INC. General Contractor / Owner ALLU 1 D DEMOLITION, $NC. General Contractor / Owner EAPNEST Sc STEWARr, INC. Licensed Real Estate Salesman BONGING CAPACITY 25 Million Dollars LANGUAGES Fluent in English and Spanish. 1990 m 1i'resestt 1997 - 200 1994 - Present BEFEIIENCES Joel Arango Miami -Dade Paths & Recreation 305-755-5453 Jay Forni Miami -Dade Parks & Recreation 305-596-4460 Ron Baker Russo & Baker P.A. 305-476-8300 Hertha [,. Korn 13446 S. W. 153 Ter. # 2101 Miami, FI. 33177. Ph, (305) 253.4449. Cell. (305) 409.4158 nartakonaph t!naJ,corn Education: Universidad Albert Einstein. San Salvador, El Salvador. Bachelor's Degree in Architecture. Graduated In March 1992. Colegio Sagrado Corazon (Sacred Heart Sc! # ®I). San Salvador, El Salvador. 1970-1983. Summary of experience: Over ten years of estimating, Project management and supervising in the construction field. Experience in commercial, residential and special construction such as midrise condominium, hotels; Banks, Restaurants, Retail spaces, Synagogues and residential. One year In retail sales. Work Experience: ABC Construction, Inc. 7215 NW 7t. Street. Miami, Fi. 33126. Project Manager. (July 08- Present) Terre Native Corp. 9044 State Road 84. Davie, Fl. 33324 Estimator/Assistant Project Manager. (May 07 — May 08) Projects: Island Breeze Condominium Temple Beth Orr Renovation Chabad of Plantation Stadium Comers Shopping Mail Villa Toscana. l}IF Contractors. 840 Nightingale Av. Miami Springs, FL 33166 Estimator/ Assistant Project Manager. (August 04—May 07) Projects: Signage Prop at Miami International Airport. INS Pass, 732 J, Cafe Versailles at Miami International Airport Rey's Pizza Restaurants Miami Springs Country Club Remodeling Commerce BankTamiami Branch. Doral Meadow Park City Hall of Dora! P.I.C. INTERIOR CONTRACTORS. 15901 N.W. 7"'. Av. Superintendent. (May 02 --Jun 04) Projects: WAMU Sheridan WAMU Bank Alhambra Coral Gables WAMU Bank Bricked Bay View WAMU Bank Offices at Brickell Key FL 33169 BWU00kNG SOLUTIONS. Sam Salvador, El Salvador Project Manager. CONSULTA S.A. DE C.V. San Salvador, El Salvador. Chief ofthe Drawing Department. Project Supervisor. Toobtain $ management support position hman organization where | may contribute skills that |have developed through several years In a corporate environment, and have an opportunity for Advancement and professional growth. p Newievm Drawings o Shell and General Construction Estimating. o Prepare Labor Budget, Schedule ofValues. o Prepare Proposals. o Coordinate and supervise Construction Projects. o Review Drawings and construction documents tofind discrepancies. n Direct NF|~s(Request for Information) todifferent trades. o Review Specs to make Submittals Log: prepare Submittals and distribute them. n Calculate and redact Contract Adjustments. o Coordinate and Supervise Construction Activities. m Coordinate with Sub —Contractom. m Material Ordering and Purchasing. o Related inspection control. o Prepare Agenda and Meeting minutes. o Close out Documents. 'o Resourceful problem solver with ability to bring resolution to Challenging situations. o Customer service relation and office duties. o [onmputarshQ|». o Capable ofutilizing the >nterne1resources and services, p Bilingual: Fluent inSpanish and English. Pablo Arcia 3226 NE 11 Drive Miami, FL. 33033 OBJECTIVE: Project Manger/ Supervisor. EXPERIENCE: Project Manger/ Supervisor 1/2006 - Present ABC Construction, Inc. Miami, F1 • Construction Supervisor. • Commercial Projects. • Involved in all aspects of construction, including inspector relations, along with proper organization of subcontractors and finished work. • Ability to read and interpret engineering and architectural plans and specifications. • Strong leader ship ability and communication skills. • Experience and ability to coordinate punch out. • Construction experience in State projects and building for Miami Dade Parks & Recreation Department. 4/1998-1/2006 Malanczyn Electric, Inc. Miami, FI. • Supervise crew of Electricians. • Worked with several general contractors. • Supervised employees, including scheduling and coordinating work crews inspections, and monitoring projects events from start of project through turnover. REFERENCE: • Available upon request INC 7215 N.W. 7"'. STREET MIANHI.F1.3812S (305)GS3 0322^Phone (305)2137 2403~Fax 11 ����� ���. ~°"��"~."~"°~"�" ~�" =°UAL"" "CA""~~N~° Main Office 7215 NVV7=Bt Miami, Florida, 83128 Phone: (3O5)GG3-03Q2 Fax [3O5]2G7-24O3 BACKGROUND ABC Construction Inc, was established in 1890 in the State of Florida. Ithas been dedicated to quality and has grown to become one of South Florida's best construction companies. Since its inception, ABC Construction has built some of the finest residences, commercial properties and government projects. One oftha nnost important attributes of this company is the referral received from nUanta and professionals. Jorge Gonzalez, President and General Contractor of the company states, "Thg n1oo1 important part of my work is customer oetiafacdoD| it is the root Of our business" and "bonauS.e of thern'wo have grown trornendous|»«. The company does not advertise and its client and job boom is almost strictly by word of mouth. "This is the best reward fora job well-done", says Mr. Gonzalez. 'Without the approval and referral of my clients and colleagues", we would not be here today. ABC Construction offers o brood range of construction services including high -end custom housoo, medium and high rises, retails and oonnnnancinl shopping centers, airport fooUhiaa demolition, etc. Projects completed include residences built for discriminating clientele such as diplomats and professionals as well as projects in Mlorni International Airport under the supervision of Mianli�Oede Aviation Department for the South and North Terminal Development Programs, renovations for the State of Florida, construction of parks and recreational centers with Miami -Dade County Parks and Recreations. From high -end and custom homes to oonnrnaroia( construction and dorno|himn. ABC Construction, Inc. is one of the most reliable General Contractors in Florida. The company strives to make the project run smoothly from start to finish. Its attention to detail is obvious when walking into o residence or even a demolition. project. The workplace is kept clean and the work kacompleted in a oofa and timely manner. '/\l| of these attributes are what have made ABC Construction, Inc. so successful all ofthese yeaPa/. ABC Construction is proven a construction company that has established a ^uoD do It well and on time" reputation required of o modern company who partners with their subcontractors and clients. We are fully licensed, insured, and bonded corporation with demonstrated financial resources, which pride oVroe|mso in our performance in safety, environmental, quality standards, and project nnanagerOeDt. Mission statement ABC Construction will provide quality products and services on time and on while insuring a good working relationship with our subcontractors and clients. ABC Construction personnel incorporate o variety of backgrounds, each bringing distinct professional experience to the team. ABC Constructions offers the client balanced "pool" of project managers, field supervisors, and foremen who have experience in the work they manage. These managers provide- support for the skilled workers who represent ABC Construction to the client on a day-to-day basis. These include equipment operators, mechanics, skilled laborers, carpenters, electricians, and plumbers, toname ofew. President - Jorge Gonzalez is a License General Contractor from the State of Florida oince19BO. Mr. Gonzalez has extensive business management experience inavariety of business disciplines, including twenty years of construction experience, project management, field supervision, quality assurance and cost control, budgeting, financial reporting, and forooest|ng.'rnarkatn8and staff supervision. Office Manager - Laura Gonzalez has seven years of administrative/management experience, including twelve years of construction experience. Mrs. Gonzalez is responsible for the day-to-day interface with staff, project leads, vendors, and all levels in the public, private and government sector. She manages the accounting and finance, payment requisitions, administrative requirements from employees, insurance, bonds, coordination with DBE and CSBE programs. Lead Estimator - Jorge Gonzalez has more than twenty of experience in construction of custom houses and residences 6lCommercial. Mr. Gonzalez is leading the preconstruction department, and h.as extensive experience in contract bidding and negotiation with clients. Project Manager / Supmrintendomt- Hortho Korn has several years of diversified engineering experience, including project rneneganngUt project cost and scheduling, construction inspaction, quality control and quality aaaunonco, safety management. For the pasttwHEirtheKorn has successfully completed all |andsidaand aiPsido projects built atMiami International Airport. Assistant Administrative Officer - Janina Arellono has more than ten years of administrative experience. Mrs. AreUano is -in charge of processing all project Field Site Supervisor —PobloArciahosovertanyaarooffialdnonstruction experience in supervision and pemonnel management. &8r.Arcia has built and custom houses, high rise framing, drywall, finishes and interiors, schools, parks and airport interior finish packages. MrAncia is master drywall and interiors installer. CONTACT INFORMATION Main Office 7215NW 70'Et Mianni, Florida, 33126 Phone: (305)663-0822 Fax: [3O5)QB7-24O3 Email: | b ction.00 HEALTH & SAFETY QUALITY ASSURANCE & QUALITY CONTROL INFORMATION Health& Safety Safety isanintegral part of our culture. Our Safety Program entails all aspects of safety awareness from general po|icieo, operating practices and procedures, to job - specific training, project planning and hazard analysis. Our obligation for a safe and productive job site requires the undsrotonding, oornnnitnnont and action by every project team member. The prevention of occupationally induced injuries and illness is of such consequence that it will be given precedence over operating productivity when necessary. To the greatest degree posoib|o, management will provide all mechanical and physical facilities required for pmnaone| safety and health in keeping with the highest standards, We will maintain a safety and health program conforming tothe best practices oforganizations ofthis type. Safety Philosophy ABC Construction's objective iooproactive program implementation that will reduce all safety -related losses to an absolute nlhlirnurn surpassing the best experiences of operations similar toours. Our goal ionozero accidents and injuries. |tiotoboon.the left side of zero, managing prevention efforts instead of aucidents. Quality Assurance The quality and validity of results can only be as good as the quality of data from which they am derived. In order to achieve the highest standards, we go above and beyond to insure quality aooWnsnco in our work. All rnernbaro of ABC Construction are highly qualified and experienced in construction implementation processes. ABC Construction's high standard of reporting back to our clients is our trademark. Through careful analysis and explanation, vvgwill provide a comprehensive breakdown ofall quality assurance issues and documentation. Our aim iatohelp solve problems by actionable recommendations through quality documentation. SERVICE SECTORS Our principle service sectors are: 1. General Construction • Civil Site Work • • Design/Build Construction • Framing and Drywalt 2. Construction Management of new and restoration for • Residential • Commercial and retail • Airports Facilities • Mid rise and High rise buildings • Parks and recreation • Institutional 3. Demolition • StructuraVSite • Concrete • Interior & Exterior Our Clients 1. Government Agencies • Miami -Dade County Parks and Recreation • Miami -Dade County Aviation Department • City of Coral Gables • City of Miami 2. Private Sector ABC CONSTRUCTION MC. SAFETY PROGRAM CO A ' S %rETY RULES In order for a safety program to be e ective, it is vital that rules be established, monitored by responsible individuals, I merited by all levels of employment. The following are some of the general rules applicable to ABC Construction Inc. operations that must be peahen -it on every project contracted by our company. This is a partial listing only. The pertinent requirements of OSHA Regulations CFR29, Part 1926 Safety and Health Regulations for Construction with CFR 29 Part 1910 Identified as Applicable to Construction, also apply in this firm. I. PERSONAL PROTECTION AN n !' LATED EQUIPMENT A. Personal Protective equipment must f,.,-. wom as prescribed for each job by the supervisor. B. Employees must check with their s sor(s) regarding any portion(s) of their job that they do not understand. C. Goggles, face shields, he ets and other comparable equipme are required to fit the eye protection shall be worn wh s there is any application. Appropriate aye protection shall be woan when there is any possibility of eyes being exposed to forei *, materials. It is amatory t o propei: eye protection be worn when drilling, grinding, sanding, sawing, burning, cutting, welding, chipping, working overhead or cutting into ductwork that is operathtg and tinder pressure. D. Hard hats must be worry by 1 employees at all times in all construction work areas. E. Gloves are to be use++ when haI dli materials, and for protection against acids and other chemicals which could injure employees skin. Welding gloves must be worn during .mime cutting, brazing and welding operations. F. Respiratory eq i. ment in many cases is needed for protection against toxic and hazardous funes. Employees must verify with their supervisors which equipment meets the need for breathing safety. G. Safety shoes are recommended to help eliminate toe and foot injuries. H. The use of safety belts is required when performing elevated work where there is no guard rail protection and on certain suspended scaffolds. I. Employees are expected to utilize proper judgment in their personal habits. When they report to work each morning they must be in fat condition to meet daily obligations, CADES. AND HOL COVERS A. Excavations and operations In working stemes must be protected with barricades or hole covers. B. +: arricades and/or si ,'s shall always be prov warning of hazards such as overlie +' work, cr ir,a swing and excavations. C. When a hole or floor opening is crated during the performance of a work activity, a cover or a barricade rnnust be installed immediately. e 1 of 11 A ',`C CONSTRUCTION INC, SAFETY PROGRAM 3. FIRE PREVENTION A. When utilizing heat producing equipment, make sure that the area is clear of all fire hazards and that all sources of potential fires are eliminated. B. Do not use a salamander or other open Planned device in confined or enclosed structures. Vent heaters to the atmosphere; and sure they are located an adequate distance from walls, ceilings and floors. C. Have fire extinguishers available at ell times when utilizing heat -producing equipment. D. Know the location of the fire fighting equipment in e e work area and have knowledge of its use and applic ion. Use these devises only in eases of fire. E. Turn in all tire extinguishers for recharge after each use. Inspect periodically when i of in use. 4. EXCAVATIONS A. Have supervisory personnel determine whether excavations, trenches or cuts more . than. 4 feet in depth require shoring, or some other hold -back means. B. Excavations nmst be checked daily for mucks, slides and scaling. During rain, snow and other hazardous weather conditions, checks should be performed more often. C. Heavy equipment must be kept back from edges of all excavations, The access for excavations shall be i t ders or steps and should be located within 25 feet of any worker. 5. COMPRESSE i, GAS CYLIND . A, All gas cylinders shall have their contents clearly market on the outside of each cylinder. B. Cylinders mast be placed and secured in n upright position, including storage and transfer. C. Cylinder valves must be protected with caps or guards whet, not in use. D. All leaking or defective cylinders must be removed from service promptly, tagged as inoperable and placed in an open space from ; b: work area. E. All operators are required to inspect equipment prior to utilization, F. Oxygen ,I,;d gas cylinders placed in storage are to be kept 20 feet apt or have the fire barrier between theme. O. Full and empty cylinders are to be stored separately and protected from excess heat, snow, ice or physical damage. e2ofil ABC CONSTRUCTION ION INC.SAFETY PROGRAM 6. HOUSEKEEPING ING A. Proper housekeeping is the fo dation for the safe work environment. It definitely prevents accident sand fires, as well as creating a business -like work ea, B. Pile or store materials in a stable manner so that I will not be subject to falling. C. Rubbish, scraps and debris s l be removed from the work area as soon as practical. D. It is not permissible to leave materials and supplies in st.:'rways, walkways, near floor openings or at ; e edge of the building when exterior wails are not built. 7e LADDERS AND SCAFFOLDS A. All employees are obligated to check to see t a .:t ladders are free from defects prior to use. Ladders must have safety feet. B. Straight ladders must be tied off, held or nailed down for stability. C. Erection crews must check scaffold member during erection. Defective parts are not to be used for scaffold rication. D. All working decks of scaffolds shall be provided wit proper handrails, midrails and toeboards. If this is not possible, then al the tie safety belts must be worn by employees working on the scaffold if 6 feet above floor. E. Planks shall extend over their end sport to not less than 6 inches not more than 12 inches. F. Tube and frame scfolds must be tied to the structure at intervals of 30 feet horizontally and 26 feet vertically. G. The height of mobile scaffolds shall not exceed four tithes the base dimension, and the casters shall have positive locking devices. Bo RIGGING A. Good rigging is essential for moving construction materials and equipment and, at the same time, keeping them under oontrol. B. Never swing loft * < over the heeds of workers lee. the area, C. Only trained flagmen and signalmen . e to direct operation, using hand signals established as standards for the industry. D. Tag lines must b used to control 1 and keep workers away. E. Do not overload any part of your rigging. Check loads just off the ground for stability before hoisting. F. Never leave a suspended load unattended without securing it. G. Never allow loads, booms or rigging to approach within .10 feet of energized electrical lines rated 50 ICV, follow OSHA regulations. H. Always operate cranes eni firm level ground or use Heats, particularly for near capacity lifts. I. Rope off or barricade a space 360 degrees around all cra,e ; - s operating on your jobsite to the extent of the swing =,deans of the near rotating structure. Page 3 of 11 C CONSTRUCTION INC SAFETY PROGRAM . 9. WELDING AND BURNING A. Always clear area below cutting of welding operations so that you do not drop stag on hoses, c i les or employees. B. Use leak proof welding helnnets and bring goggles for the eye protection and to prevent flash burns. Always wear eye protection to guard against slag while chipping, grinding, and dressing of welds. C. Use only manual electrode holders specifically designated for arc welding. D. Make sure that all parts subject to electrical current are fully insulated against the maximum voltage encountered on ground. E. A ground return cable si, ;: 11 have a safe current carrying capacity equal to, or exceeding, the specified maximum output capacity or the are welding unit that it services. F. Place cables, lads and connections so that there are no fore or tripping haeards. G. Shield all arc welding +,t,d cutting operations wi noncombustible or flameproof screens wherever practical. H. Keep suitable fire extinguishers readily available when welding, cutting or heating on the job. I. Be sure that proper ventilation is provided whenever welding cutting or hating is performed in a confined space. 10. TOOLS A. It is mandatory that the right tool be utilized for the job and that it be used in a correct manner. B. Kept tools in good working coditions. ;►urged, worn or effective tools can cause injuries, and shall not be used. C. Do not use tools until .you ve been properly instencted and authorized to do so. D. Never remove nhinnexy or equipment guards without authorization. B. Never make repairs to tools or equipment unless authorized by your supervisor. F. Inspect electrical extension cords and other wiring to be certain they are properly insulated. Do not use frayed or damaged cords. G. Take special precautions when using power tools on a scaffold or other locations with limited movement area. Oct a good footing, use both bends, keep oords clear of obstructions, and do not over reach. 13. Be sure that a power tools is off and motion stopped before setting tool down. I, Disconnect tools from power source before changing drill, blades or bits or attempting repair or adjustment. Never leave a running tool unattended. J. Do not use compressed air for cleaning purposes except when pressure is reduced to less than 30 psi and then only with effective chip guarding and proper personnel protective equipment. Page 4 of l 1 ABC CONSTRUCTION INC. SAFETY PROGRAM 11. INDUSTRIAL F$YG NE AN i►, OCUPATilONAL T+ AM A. Potable water will be provided at all sites in ' oved closed containers disposable cups. B. Toilets will be provided as required for the number of workers, with self closing doors, latch, and toilet paper. C. First aid kits will be provided. at a h job site. D. Employees must be protected against exposure to injurious sound levels by controlling exposure or by use of the proper personal protective equipment. E. Employees must be protected against exposure to ionizing (X-ray, radioactive) and non -ionizing (laser beam) radiation. F. Protection against exposure to harmful gasses, fumes, dust, and similar airborne hazards must be furnished through proper ventilation or personal respiratory equipment. 12. MOTOR VEPIICLES AND MEC i ANIZ+) EQUIPMENT A. Supervisory personnel shall inspect all it,achinery and equipment prior to each use, and during use to make sure it is in safe operating condition. B. Rated load capacities and recommended riles of operation shall be conspicuously posted on all equi,• ' ent at the operator's station. C. Wire rope shall be taken out o service when on of the following conditions exist, i. In running ropes, 6 random distributed broken wires in on lay o 3 broken wires in one strand or one lay ii. Wear of on -third the original diameter on outside individual wires. iii. Kinking, crushing, hoist caging, heat damage, or any other damage resulting in distortion of the rope structure iv.. In standing ropes, more two broken wires in one lay in sections beyond end connections, or more than one broken wire at an end connection D. When vehicles or mobile equipment ,; stopped or parked, parking brakes shall be set. Equipment on inclines shall have wheels chocked as well as having parking brakes set. Page 5ofi1 ABC CONSTRUCTION INC:. 13. FIRST AID PROCE;r: URES Please Note: $n gjl cases requiring eerpge u vy nneaIlesl1 to co-worker cif, to request Wien]] assist nee. SAFETY PROGRAM cat, immediately call, or have a Minor First Aid Treatment If you sustain an injury o;: are involved in an accident requiring minor first aid treatment: A. Inform your supervisor. B. Administer first aid treatment to the Wetly or wound. C. Wit first aid kit is used, indicate usage on the accident investigation report. D. Access to a first aid kit is not intended to be a substitute for medical attention. E. Provide details for the completion of the accident investigation report. Non -Emergency Medical Treatment For non -emergency work-rreleted injures qu ng professional medical assistance: A. Inform your supervisor. B. Proceed to the posted medical facility. Your supervisor will assist with transportation, if necessary. C. Provide details for the completion of the accident investigation report, D. Management will report the injury to the insurance co pany within 24 hours, Emergency Medical Treaty ae;.tt If you sustain a severe injury requiring emergency tretr t: A. Call for help and seek assistance from a co-worker. Use the emergency telephone numbers and instructions posted next to the telephone in your work area to request assistance and transportation to the local hospital emergency room. C. Provide details for the completion of the accident investigation report. D. Management will Deport the injury to the insurance within 24 hours. First Aid Training Each employee will receive training and instruct°ons from his or her supervisor on our first aid procedures. Page 6 of 11 ABC CONSTRUCTION INC. SAFETY PROGRAM 14a ACCIDENT INVESTIGATION Accident Investigation Froced: n ens Ann accident investigation will be performed by the supervisor at the location where the accident occurred. The safety coordinator is res~ i nsible for seeing that the accident investigation reports are being filled out completely :<,i d that recommendations generated as a result of the investigation are being addressed. Supervisors will investigate all accidents resulting in en employee injury using the following investigation procedures: A. Review the equipment, operations, processes to gain an understanding of the accident situation. B. Identify and interview each witness and any other person who might provide clues to the accident's causes. C. Investigate causal conditions and unsafe acts; make conclusions based on existing facts. O. Complete the accident investigation report. E. Provide recommendations for corrective actions. F. Implement temporary control rhea es to prevent any further injuries to employees. G. Indicate the need for , ditional or renae Iial safety training. Accident investigation reports must be completed and submitted to the safety coordinator within 24 hours of the accident. Accident Recordkeeping Pracedru es The safety coordinator will control „d maintain all employee accident and injury records. Records are maintained for a minimum of three (3) years and include: A. Accident investigation reports. B. Workers' compensation notice of injury reports. To help identify injury trends, the safety coordinator will record employee injuries and illnesses on a log or tracking foram such as the OSHA 300 Log of Work -Related Injuries and IIlnesses. Trending will be used to identify and develop corrective actions that will prevent similar work -related injuries and illnesses from occurring. 15. SAFETY MEETINGS Supervisors will conduct monthly :safety meeflew with their employees. The safety coordinator should provide supervisors with safety topics and discussion items each month. In addition to the safety topic, supervisors may discuss other items such as recent accidents and injuries, results of safety inspections, and revisions of safety policies and procedures. Page 7 of Ti 1 ABC CONSTRUCTION INC. SAFETY PROGRAM Documentation will be r, :intained of each employee ety meeting. It should contain the subjects discussed as well as an attendance sheet. Following the safety meeting, supervisors will observe employees performing job sks associated with the safety topic items discussed in order to see whether or not they are following the safe procedures, they will be encouraged to continue to do so. Those found not following the pracedure will receive correcting feedback. When meetings are held periodically, there is always the danger that they will become dull and routine. We will co uously review and improve our meeting plants to prevent this from happening. Supervisors will follow the below plan of action to ensure suece are conducted: Preparing for the Meeting safety meeting A. Supervisors will conduct frequent inspections of the various areas and work practices and note any unsafe acts being performed or unsafe conditions that need to be corrected. B. Supervisors will select an unsafe aet or con. 'tion to be used as a Safety Meeting topic for the benefit of A safety meeting can help identify and eliminate hazards before accidents occur. Conduct the Meeting A. Supervisors will discuss only one . pic per meeting. . Allow employees to discuss why the situation occurs. C. Reach an agreement with employees on how to eliminate or control the situation. Keep a Record of the Meeting A. Copies of e monthly safety meeting report foams will be sent to the Safety Coordinator. The supervisor should keel: originals in his or her area. 16. SAFETY INSPECTIONS Inspections provide opportunity to strvey the work place to detect potential hazards and correct them before an accident occurs. Typically, inspections are made to identify physical hazards at the worksite, however, the work practices of employees will also be observed during the: inspections. Supervisors will observe employees to determine if they are performing their jobs in accord ce with safe job procedures. Page 8 of I 1 ABC CONSTRUCTION INC, . SAFETY PROGRAM Continuous Monitoring Safety is the responsibility of each and every employee. Continuous, informal inspections should be conducted by employees, supervisors, and ,,+ aintenance personnel as part of their regular job responsibilities. These are the personnel who are most familiar with worksite operations and machinery. Our employees are a valuable source of information on work place haz ds and we look to them for assistance in formulation practical workplace controls. Supervisor must continually mo. `tor their work areas. On a daily basis, they will check th" A. Employees are following safe work procedures, B. Machinery and tools are in good condition. C. Machine guards are in . *sitionn. D. Material is stored properly. E. Aisles, walkways, and exit pass ewnways are clear and accessible. Periodic/Scheduled Safety Inspection Periodic/scheduled inspections are formal, doeumented inspections th will be done on a regular basis at scheduled intervals. These inspections will be performed using prepared survey forms or checklists. Depending on the job tasks being performed and worksite conditions, they will be done weekly. monthly, quarterly, semi-annually, annually, or at other predetermined intervals. e 9 of 11 A C CONSTRUCT 1I N SAFETY PROGRAM FALL PROTECTION All employes and visitors raw be protecteifrom fill hezw?ds resulting 1- m the construction process All employees exposed to fall hazards must b protected from fails of 6 ft. or greater. This applies to all employees and excluded only when the employee has established that employees are inspectiinvestig 'ng or assessing workplace conditions prior to the actual stat of work or after e work hes been connplet Guardrails, nets, hole covers or personnel fall arrest equipment must be used to protect such fell exposure as: 1. Walking / working sus 2. Floor holes 3. Wall openings 4. Skylight openings 5. Work platforms / scaffolds 6, Steel erection Anchorage points for fall protection must be able to support a 5000 lb pr worker attached. Improper anchorage points are: 1. Conduit 2. Guardrails 3. Plumbing 4. Roof stacks, vents 5. Light fixtures 6. Ladders and scaffolding All employees exposed to potential fall hazards must receive training in hazard recognition, fall protection measures, safety policy, how to properly war and use fall personal fall arrest equipment, and proper anchorage points. Stairways, Handrails a ,d Ladders 1. Whenever there is a break in elevation of 19 inches or more a stairway, ramp, ladder or other safe mans of access must b provided. 2. Al stairways with 4 or more steps or rising more that 30 inches roust have at last one standard handrail fwm the bottom ,o the top of the stairway. Each unprotected side must have a stir rail. Page 10 of 11 C CONSTRUCTION INC. SAFETY PROGRAM 3. Stairways landings With unprotected siii - s and edges must be protected with standard guardrails. 4. Job made 1..; t ders must be constructed for their intent use. Cleats must be inserted into side rails Ya a + . h, or fulled blocks use, Cleats Last be uniformly spaced every 12 inches. 5. No damaged ladder + ay be used. 6. Metal ladders may not be unear electrical sources here contact could occur. 7. Single rail ladders are prohibited. 8. Portable ladders must he set up so that the base of the ladder is set out at a distance from the wall equal to Y4 the working length of the ladder. 9. All workers must maintain a 3 point contact on ladders at all time. At no time may employees carry tools or . trials up ladders. 10. Ladders must be tied o at the top wherever possible. At a minimum, portable ladders must have feet to prevent slippage at the ttom. 11. When ladders are used or access to an upper elevation, the side rails must extend a least 36 inches above the landing. 12. Stepladders must be ope ::,,,! fully with side braces locked. Under no circumstance, :,;, y employees work above the second rung from the top of stepladders. . Boor Holes . 1. All floor holes over 2 ' aches in di ter that pose a fall cc tripping hazard trust be protected with guardrails or floor hole covers, 2. Where floor hole covers areused they trust be strong enough to support 2 times the Intended load of workers, material, and or equipment. 3. Floor hole covers must be seem - a with r.,,.°ls or screws to prevent accidental displacement. 4. Floor hole covers must be either color coded or marked with the work HOLE OR COVER to provide warning of the hazard. 5. When the floor hole cover is not in place, the hole or skylight must be protected by a standard guardrail system. Page11oh11 ABC CONSTRUCTION INC. RUG FREE PROGRAM OPEN LETT `. T THE EMPLOYEES OF BC CONSTRUCTION INC (Company Nacre) We have come to recognize that substance abuse is an on -the job problem, as well a social problem, for all of us. We believe abuse of alcohol and use of illegal drugs endangers the health and safety of the abusers and of others around them. This company has committed to creating and maintaining a drug -free workplace without jeopardizing the job security of valued, but troubled, employees, provided they are prepared to help us help theta. Our policy now formally states that substance abuse will not be tolerated during working hours or on the company premises, including job sites This prohibition includes the possession, use or sale of illegal drugs or alcohol. Employees who are found to be under the influence of illegal drugs or alcohol or who violate this policy in other ways are subject to disciplinary action, . which may include termination. Because of the serious nature of these violations, each individual case will be thoroughly investigated to determine the appropriate course of action. It is important that all of us Work together to deal with substance abuse and otherpersonal problems to make a safer and even more rewarding place to work. sincerely, Jorge Gonzalez President CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORAN.DUrM Johnny Martinez, P.E., City Manager FROM: Mark Spanioli, P.F,., Director apital improvements Prograrn DATE: April 11, 2013 FILE: SUBJECT: Recommendation of Award for Coral Way Community Center — B-30365E REFERENCES: ITB 11-12-053 ENCLOS t)RES: Recommendation Based on the findings below, Capital Improvements Program hereby recommends that the Project be awarded to ABC Construction, Enc. ("ABC") who has been determined to be the lowest responsive and responsible Bidder for ITB 1 1-12-053 - Coral Way Community Center — Project No. B-30365E. Background On Monday, April 8, 2013, Capital Improvements Program ("CIP") received nine (9) bids in response to the solicitation for Coral Way Community Center - ITB 11-12-053 (the "Project") (see attached), Bidders were required to hold a current certified General Contractor license issued by the State of Florida 9r a current certified Building Contractor license issued by the State of Florida amust have a minimum of five (5) years experience under its current business name in the construction/renovation of commercial/retail building projects, supported by references for five (5) projects completed within the past five (5) years. Findings As reflected on the attached Bid Security List, ABC was the lowest bidder for. ITB 11-12-053 and the local preference ordinance is not applicable since the only other Bidder whose bid is within fifteen percent (15%) of ABC's bid amount does not maintain a "Local" office as defined in Section 18-73 of the City of Miami Code. After determining that ABC is a responsible bidder and meets the minimum requirements to bid on the Project, CIP staff reviewed ABC's bid and, based thereon, determined that ABC's bid is responsive to ITB 11-12-053. Having determined that ABC is the lowest responsive and. responsible bidder for ITB 1 1-12-053, CEP recommends that the Project be awarded to ABC. Contract Execution Accordingly, CIP hereby requests authorization to prepare for execution a contract in the amount of ABC's total lump sum bid amount of $548,000 plus a ten percent (10%) contingency for a total contract amount not to exceed $602,800. Approved: Date: Jo y Mar nez, Ci anage cc: Alice Bravo, P.E., Assistant City Manager Mark Spanioli, P.E., Director, CIP Jeovanny Rodriguez, P.E., Assistant Director, CIP Robert Fenton, Sr. Assistant to the City Manager, CIP 2