Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Exhibit 1-SUB
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BID NO. 12-13-028 Hadley Park Youth Center CIP PROJECT NO.: B-35883A Due Date: May 20, 2013 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 Keon Hardemon, 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 00/37.- sul3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. TABLE OF CONTENTS Section 1- Instructions for Submission 6 1. Intention of City 7 2. Scope of Work 7 3. Location of project(s) 7 4. Performance of the Work 7 5. Examination of Contract Documents and Site 7 6. Addendum 8 7. Bid Submission 8 8. Bid Guaranty 8 9. Preparation of Bid 9 10. Pre -Bid Conference 9 11.. Postponement of Bid Opening Date 9 12. Acceptance or Rejection of Bids/Waiver of Technicalities 9 13. Environmental Regulations 10 14. Bid Award • 10 15. Bid Protest 10 16. Community Small Business Enterprise ("CSBE") Participation 11 17. Local Workforce Participation 11 18. Cone of Silence 12 19. Public Entity Crime 12 20. Fraud and Misrepresentation 12 21. Collusion 12 22. Contractor in Arrears or in Default 13 23. Cancellation of Solicitation 13 Section 2 - General Terms and Conditions 14 1. Definitions 14 2. Time is of the Essence 16 3. Contract Term 17 4. Notices 17 5. Priority of Provisions 18 6. Indemnification 18 7. Insurance 18 8. Performance and Payment Bond 19 9. Qualification of Surety 22 10. General Requirements 24 11. Method of Performing the Work 23 12. Work Staging and Phasing 23 13. Site Investigation and Representation 24 14. Contractor to Check Plans, Specifications and Data 24 .15... .Contractor's Responsibility for Damages and Accidents 24 16. Accidents 25 17. SafetyPrecautions 25 18. •: Occupational -Health and Safety 26 -19. Labor•and Materials- 26 20. . Rules, Regulations, and Licenses 26 21. Consultant Services 27 22. Project Management 27 23. Superintendence and Supervision 27 2 Hadley Park Youth Center, B-35883A ITB No.: 1243-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 24. Subcontractors 28 25. Authority of the Project Manager 28 26. Inspection of Work 29 27. Taxes 30 28. Separate Contracts 30 29. Lands of Work 30 30. Coordination of Work 31 31. Differing Site Conditions 31 32. Existing Utilities 31 33. Contractor's Responsibility for Utility Properties and Service 32 34. Interfering Structures 32 35. Field Relocation 33 36. Contractor's Use of Protect Site(s) 33 37 Warranty of Materials and Equipment 33 38. Material and Equipment Shipment, Handling, Storage and Protection 33 39. Manufacturer's Instructions 35 40. Manufacturer's Warranty 35 41. Reference Standards 39 42. Submittals 36 43. Shop Drawings 37 44. Product Data 38 45. Samples 39 46. Record Set 39 47. Supplemental Drawings and Instructions 39 48. Contractor Furnished Drawings 39 49. Substitutions 40 50. City Furnished Drawings 41 51. Interpretation of Drawings and Documents 41 62. Product and Material Testing 41 53. Field Directives 41 54. Changes in the Work or Contract Documents 42 55. Continuing the Work 42 56. Change Orders 42 57. Change Order Procedure 43 58. No Oral Changes 43 59. Value of Change Order Work 43 60. Extra Work Directive 46 61. As -Built Drawings 47 62. Worker's Identification 48 63. Removal of Unsatisfactory Personnel 48 64. Substantial Completion, Punch List, & Final Completion 48 65.......Acceptance and .Final .-Payment 49 • 66. NDPES Requirements 49 67. • Force Maieure 50 ;t:68 *'':: Extension -of Time •I . 50 69. Notification of Claim 51T' :. 70. Extension of Time not Cumulative 51 71. Contractor's Damages for Delay; Time Extensions Only 52 72. Excusable Delay, Non-Compensable 52 73. Lines and Grades 56 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 74. Defective Work ` 52 75. Acceptance of Defective or Non -Conforming Work 53 76. Uncovering Finished Work 53 77. Correction of Work 53 78. Maintenance of Traffic and Public Streets 54 79. Location and Damage to Existing Facilities, Equipment or Utilities 55 80. Stop Work Order 56 81. Hurricane Preparedness 56 82. Use of Completed Portions 56 83. Cleaning Up; Citv's Right to Clean Up 57 84. Removal of Equipment 57 85. Set -offs, Withholdings, and Deductions 57 86. Event of Default 58 87. Notice of Default -Opportunity to Cure 58 88. Termination for Default 58 89. Remedies in the Event of Termination for Default 59 90. Termination for Convenience 59 91. Resolution of Disputes 60 92. Mediation Waiver of Jury Trial 61 93. City May Avail Itself of All Remedies 61 94. Permits, Licenses and Impact Fees 62 95. Compliance with Applicable Laws 62 96. Independent Contractor 62 97. Third Party Beneficiaries 63 98. Successors and Assigns 63 99. Materiality and Waiver of Breach 63 100. Severability 63 101. Applicable Law and Attornev's Fees 64 102. Amendments 64 103. Entire Agreement 64 104. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 64 105. Evaluation 64 106. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida 64 107. Royalties and Patents 64 108. Continuation of the Work 65 109. Review of Records 65 110. No Interest 65 111. Payments Related to Guaranteed Obligations 65 112. Consent of City Required for Subletting or Assignment 65 ;...113.::.Agreement Limiting Time In Which to Bring Action n Against.the..City 66 114. Defense of Claims 66 115. Contingency Clause 66 . . 116::2:Mutual Obligations ;:;`:.,66:i:;_`.:': - 117. Contract Extension 66 118. .Non -Exclusivity 66 119. Nature of the Agreement 67 120. Contract Documents Contains all Terms 67 121. Survival 67 4 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 122. Disclosure of State Funds 72 Section 3 - Supplemental Terms and Conditions 68 1. Contract Time & Hours 68 2. Progress Payments 68 3. Liquidated Damages 69 4. Schedule of Values 70 5. Protect Schedules 70 6. Release of Liens/Subcontractor's Statement of Satisfaction 71 7. Progress Meetings 71 8. Request for Information 72 9. Protect Site Facilities 72 10. Temporary Facilities, Utilities, and Construction 77 11. Security 73 12. Construction Signage 73 13. Construction Paragraph 78 14. City Furnished Property 78 Section 4- Bid Forms 84 Section 5- Attachments 89 Section 6 - Contract Execution Form 101 5 Hadley Park Youth Center, B-35883A IIB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. INVITATION TO BID NO.12.13-028 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 18t Floor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: Hadley Park Youth Center, B-35865A Bids Due: May 20, 2013 at 2:00 p.m. PROSPECTIVE BIDDERS MUST CONTACT THE CONSULTANTS OFFICE TO OBTAIN A CD OF THE PLANS AND BID SET DOCUMENTS. THE COST FOR THE CD IS $10.00 (NON-REFUNDABLE). Armando Rizo, Rizo Carrefio & Partners 7315 SW 87th Avenue, Suite 100, Miami, FL 331T3 Tel: 305-441-0888 ARlzot rcpdesion.com CD'S CAN BE PURCHASED FROM THE CONSULTANT AT THE PRE -BID CONFERENCE. Scope of Work: The Work consists of fumishing all materials, labor, and equipment necessary to achieve the following: Construction of a new youth center facility of approx. 23,000 Sq.Ft. (Gross Area) at Hadley Park. The new facility includes lobby area, indoor basketball court with folding bleachers, lockers rooms, male and females restrooms, , exercise weight room, meeting room, computer room, classrooms, offices spaces, break room and storage rooms. The building lobby/reception area will interconnect with .a new covered drop-off area that will abut an exterior cultural plaza. Other park improvements include a covered entry/drop off area to the entryway to the existing Senior Center Building, construction of new parking lot, marking, signage, ADA parking, ADA concrete ramps and new children playground area. CIP has scheduled a mandatory pre -bid conference and site visit which will be held at the following date, time and location: Location: Hadley Park Youth Center 1300 NW 50th Street Miami, Florida 33138 Date/Time: April 30, 2013 at 2:00 p.m. Minimum Requirements: Minimum Requirements: Prospective Bidder shall hold a current certified license as a General Contractor or Building Contractor from the State of Florida and must have a minimum of six (6) years experience under its current business name, in the construction of similar projects including three (3) separate project references for Completed Projects of similar size, scope, and complexity, within the past six (6) years. In addition, the three (3) completed project references must be commercial or institutional buildings of at least 20,000 s.f., where the Bidder has self -performed at least 20% of the work. Failure to meet this requirement will result in the bid submittal being deemed non -responsive. The Bid can only be obtained by visiting the Capital Improvements Program's website; http://www,miamiaov.com/Capitallmorovements/pages/ProcurementOoDortunities/Default.aso, on or after April 16, 2013. It is the sole responsibility of all firms to ensure the receipt of any addendum and It is recommended that fines periodically check the CIP webpaoe for updates and the Issuance of addenda. All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in duplicate originals in the envelopes as specified In Section 1, Instructions for Submission. At the time, date, and place above, bids will be publicly opene..d._ Any bids received after the time, and date. specified will not be considered. The responsibility for suFjmitting a.Bld'6efore'the stated'tirne arid date is solely aril strictly the responsibility'ofthe•Bidder. TheCity is not- responsible for any delay no. matter what the cause. . YO..0 p1,R541EREBt'ADVISEDTHATlHiS:iN,ViTATION TO -BID IS SUBJEaTATHg ".'CPNE OF: SILENCE;' IN ACCORDANCE WITH CITY OF MIAMI CODE §•'18-7"4 (ORDINANCE NO. 12271). • City Manager Johnny Martinez, P.E. DP# 009062 6 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 laws, 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, which 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 specified in this Bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, and services, and incidentals necessary to perform the following Work at a rate of progress that will ensure completion of the Work within the stipulated Contract Time. The project consists of furnishing of all labor, material and equipment for the construction of a new youth center facility of approximately 23,000 sq. ft. (Gross Area). The new facility includes lobby area, indoor basketball court with folding bleachers, lockers rooms, male and females restrooms, exercise weight room, meeting room, computer room, classrooms, offices spaces, break room and storage rooms. The building lobby/reception area will interconnect with a new covered drop-off area that will abut an exterior cultural plaza. Other park improvements include a covered entry/drop off area to the entryway to the existing Senior Center Building, construction of new parking lot, marking, signage, ADA parking, ADA concrete ramps and new children playground area. 3. Location of Prolect(s) Hadley Park Youth Center 1300 NW 50th Street Miami, Florida 33138 4. Performance of the Work Bidder must be capable of .self- performing at least twenty percent (20%) of the physical - construction Work. By submitting a Bid the Bidder certifies that it will utilize its own employees to meet this requirement. As part of the Bid, the Bidder must include the form entitled "Questionnaire". Failure to complete and submit this form or to meet this requirement shall result in the Bid being deemed,non-responsive. Where the City determines that: the:Contractor. is riot meeting the minimum self-performati e`requirerneht during the performahce'of the Wl rk, then the Contractor shall be deemed in default of the Contract and the City reserves the right to ake.any neo,eSsery-.atd,appropriate action-;pefmittedby,Iaw,;or by_ the ContractDocuments,.., .`vWr Examination of Contract Documents and Site It is the responsibility of each Bidder, before submitting a response to this ITB to: • Carefully review the ITB, including any Addendum and notify the City of all conflicts, errors or discrepancies. 7 Hadley Park Youtb Center, 8-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. • 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. 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 fumishing of the Work. 6. Addendum Only questions answered by written Addendum will be binding. Oral and other interpretations or clarifications will be without any legal binding effect and shall 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 Capital Improvements Program (CIP) in writing, to the attention' of Mario Darrington at mdarrington[camiamiaov.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. Writtenquestions should be received no less than ten (10) calendar days prior to the date Bids are due. There shall be no expectation by any person or obligation on the part of CIP to 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, FL. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside. BID NO.: 12-13-028 BIDS FOR: HADLEY PARK YOUTH CENTER Bidders must submit two executed originals. Failure to submit two executed originals may result in the rejection 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, drawn on a local bank, Bid Bond Voucher (only for projects less than $200,000) issued to the City of Miami's Purchasing Department, treasurer's check or bank draft of any national (United States) or state bank (Florida); in the sarriOunfOffive percent 5% of the total Bid amount, payable to City of Miami, Florida, and conditioned upon the,. successful Bidder,;:. executing „the Contract andrprovidiggm he.,,required P.:erforrriante :BAnd..and -.: Payriient":.Bond and "evidence of `requlr�d-msurance.wlthm .:fifteen <1 6) ' caierdar 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 8 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. cost and expense incurred should said Bidder fail to execute the Contract, and provide the required Performance Bond. 9. Preparation of Bid The Bid Form contains one Project and the Bidder must provide a total lump sum price to perform the Work required for the Project. 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 fumishing of all labor, materials, supplies, equipment, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. Joint venture firms must complete and submit with their Bid the form titled "Information for Determining Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities, and levels of participation for the Project. Failure to 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. Pre -Bid Conference A mandatory pre -bid conference and site visit will be held at the Hadley Park Community Center on April 30, 2013, at 1300 NW 50th Street, Miami, Florida 33138, starting at 2:00 p.m., to discuss this solicitation. Since space is limited, it is recommended that one representative of each firm attend in order to become familiar with the Solicitation and conditions of usage. Attendees are requested to bring this Solicitation package to the conference. Copies of the solicitation will not be available at 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 prospective Bidders at least five (5) calendar days notice of any such postponement. The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to the due date. 12. Acceptance or Rejection of Bids/Waiver of Technicalities The City reserves the right to reject any or all Bids prior to award for any reason or to re - advertise for Bids for any reason. The City reserves the right to waive any minor technicality, informality, variance, deviation, omission :or:the.likeup:to orPrior of the bid. . Reasonable efforts willbe made to either award the Contract or reject all Bids within ninety (90) ..ealendan ays'afterpid opening datef:,A Bidcer.,rtley;not with1raw its;Bid urtilatei•ally_no .change the tra `Cohet-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) calendardays 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 the City Commission makes the award, the Bid cannot be withdrawn under this Article. 9 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. The City reserves the right to waive any minor technicality, informality, variance, or deviation, omission or the like up to or prior to award of the Bid. 13. Environmental Regulations The City reserves the right to consider a Bidder's history ofcitations 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 failure to submit 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 upon receipt of any notice of any such 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 intends to 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, states that the City may offer to a responsible and responsive bidder/proposer, who maintains a local office, the opportunity of accepting a bid at the low bid amount, If the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. 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 Licenses for the business at the address of the private residence. Where the solicitation contains multiple line items for separate projects or where the solicitation requires a Bidder to submit detailed price information or multiple line item pricing a Bid may be rejected as an unbalanced bid. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, 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 contracts with any public entity or any other contract for construction services with any other public or 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 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 an unpaid debt to the City, which is not controverted or contested, filed a awsurt,against the .City or where the City has filed_a'lawsuit or•.wona,,courtjudgment against a� Oidder, 'iapii..E3iciagt,Liriay:be_declared non -responsive , --_, 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. 10 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Bidders are alerted to Section 18-104 of the City's Code describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such parry's right to file a protest. NO EXCEPTIONS. 16. Community Small Business Enterprise ("CSBE") Participation The Contractor must comply with the following CSBE participation requirements. All instructions, required forms and other information necessary for complying with the CSBE participation requirements are available on the CIP webpage. a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami - Dade County as a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code; b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the CSBE requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City; c) The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Section 18-89 of the City Code. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Section 454, 471, 473, or 481 of the Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related contract costs. The following link is to the Miami -Dade County website where Bidders can view the current listing of certified CSBE contractors by trade. http://www.miamidade.uov/business/reports-certification-lists.asp 17. Local Workforce Participation The Contractor must comply with the following Local Workforce Participation requirements. All instructions, required forms and other information necessary for complying with the Local Workforce Participation requirements are available on the CIP webpage. a) The Contractor must employ a minimum of fifteen percent (15%) of on -site labor from persons residing. within the municipal boundaries (e.g. city limits of the City of Miami) of the City. The City residency of the onsite Tabor component will be subject to verification by the issuing department; Five percent 15%) of''the• bid amount shall be retained by the City as security for the verificationg.00mpiiancewith such requirements until said requirements are fulfilled snd:;yerified.rwithin =six (6) 'months of Contract completion, pursuant -.to: Section 1.&$9, of th -City Code Failure to ' complywith the: Local Workforce: Participation qurree i nts within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City; - c) The Contractor will be required to hold one (1) job fair within the local community for projects with a bid amount between $1,000,000 and $2,000,000; b) 11 Hadley Park Youth Canter, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. d) The Contractor will be required to hold two (2) job fairs within the local community for projects with a bid amount greater than $2,000,000; e) The Contractor shall coordinate Job fairs and Hiring initiatives with South Florida Workforce; f) The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with City Code Section 18-89. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Section 454, 471, 473, or 481 of the Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related Contract costs. 18. Cone of Silence • Pursuant to Section 18-74 of the City of Miami ("City Code"), a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB. Any communication concerning this ITB must 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 marcia4miamioov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City Code for a complete and thorough description of the Cone of Silence. You may also contact the City Clerk at (305)-250-5360, to obtain a copy. 19. Public Entity Crime 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 proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public works project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder / Bidder list. 20. Fraud and Misrepresentation Any person, individual, corporation, entity, or affiliate that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such Individual or entity shall be responsible for all direct or indirect costs associated.with termination or cancellation. Collusion" C. .i.4'p4" � :lost x It t:. ✓1 ':.:i e h.t. i ..,�.-...._.•.. .. /here twor(2) or more related parties, as, dfin eed in:this Articled aach submit r•esponse-to *an IT-B, 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 12 Hadley Park Youth Center, B-35883A JTB No.; 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. have a direct or indirect ownership interest in another Contractor for the same project(s). ITB responses found to be collusive shall be rejected. 22. Contractor in Arrears or in Default The Contractor represents and warrants that the Contractor is not in arrears of any duty, payment, money, debt, charge, fee , work or other performance due to the City and is not in default as a surety or otherwise upon any obligation to the City. In addition the contractor warrants that the Contractor has not been declared "not responsible" or "disqualified" by or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State, or 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. The City shall not consider and will deem as non -responsible Bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears to the City or otherwise in debt or default to the City at the time and date Bids are due. 23. Cancellation of Solicitation The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best interest of the City.. This determination will be at the discretion of the City and there will be no recourse from such cancellation. 13 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 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 govemmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Community Small Business Enterprise ("CSBE") means a construction related enterprise, including a design -build firm, and any firm providing trades and/or services for the completion of a construction project, as defined in Section 10-33.02 of the Code of Miami -Dade County. Completed Project(s) means a project for which the applicable regulatory authority has issued a Temporary Certificate of Occupancy or Completion, or a Final Certificate of Occupancy or Completion. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for a Project; and if applicable, 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. 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 totime, the plans and drawing, all addendum, clarifications, directives, change orders, payments and other such documents issued under or relating to the Projects). Construction Change Directive' means a written- directive to effect changes 'to the -Work, issued by the Consultant or the Director that may affect the ITB Contract price or -time. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. 14 Hadley Park Youth Center,13-35883A 17 B No.: 12-13-028 THIS DOCUMENT I5 A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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) sites) 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 Capital Improvements Program or designee, who has the authority and responsibility for managing the Project(s) under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the Consultant, which is minor in nature and 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 Docu ments. 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 to notify the Contractor that they have been awarded the Contract. Notice To Proceed means a written letter or directive issued by the Director or designee acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project(s). Plans and/or Drawings means the official graphic representations of a Project(s). Project Or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials,, equipment and services provided or to be provided by the. Contractor, to`fili ill 'its gbligations; 1licluding' completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Projects .. Project Manager means_the tndividtalassigned'byCIP•td manage the•Project(s): Request For Information (RFI. means a written 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 15 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. 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 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 72, 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'toachieve`killcompletion 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.anclude but are not limited to material persons, 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. 16 Hadley Park Youth Center, B-33883A ITB No.: 12.13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 3. Contract Term/Contract Price J 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 hasapproved 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. 2"d Avenue, - 8th Floor Miami, Florida 33130 Contractor: Mr. John DiPompeo, Sr. President DiPompeo Construction Corporation 2301 NW 33rd Ct. Pompano Beach, FL 33069 During the Work the Contractor shall maintain continuing communications with ;Consultant.and the Project Manager. The Contractor shall keep the City fully informed 'as t6 the progress.of the Project(s) at all times through ongoing communications with the PCAject Manager. • The .- Contractor shall notifrttrthe..-Miami ..Police Department`=and.., F.ir�'.. Department,: about.... the;_. construction schedule(s). The Contractor is required to obtain. a current list of contract persons and phone numbers from the City of Miami's Project Manager prior to Construction, . The Contractor must notify residents living within 500 feet of the project in writing as least one week in advance prior to commencing work in the general area. 17 Hadley Park Youth Center, B-35883A TM No.: 12.13.028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 5. 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 an 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 govem over smaller scale drawings • Figured or numerical dimensions shall govem 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 govem 6. Indemnification Contractor shall indemnify, defend, save and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness , negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall, further, hold the City, its officials and employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, personal injury, property damage, wrongful death, or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend, at its own expense, to and through administrative, trial, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. • This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State. of Florida, •includ•ing inrithout limitation and interpretation, • which..conforms :.fa;,;the . limitations of Sections-_ 12506 -: Florida :;Statutes, as applicable. Contractor shall require all Sub -Contractor agreements to 'lncicide 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 18 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub - Contractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Contractor. If a court of competent jurisdiction holds any sentence(s) of this section to be invalid, the remainder shall be severable and shall continue in operative force and effect. 7. Insurance Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as Is otherwise specified hereinafter), the insurance coverage set forth herein. 7.1. Workers' Compensation insurance is 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. 7.3. Commercial General Liability (CGL) (Primary & Non Contributory) (CG 2010 11/85) (CGL) with minimum limits of One Million Dollars ($1,000,000.00) each 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). ■ .QGL.Required `Endorsements o Eniployees:included as -insured • o Contingent Liability/Independent Contractors Coverage o Contractual Liability o Waver of Subrogation o Premises and/or Operations Liability 19 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 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: • Auto/All Owned Autos/Scheduled. • Hired, Borrowed, and Non -Owned Vehicles. ■ Employers' Non -Ownership. ■ Employees included as insured • City of Miami as Additional Insured 7_6. Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) • 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. Owners & Contractor's Protective Each Occurrence General Aggregate $1,000,000 $1,000,000 City of Miami listed as the named insured 7.7 Builder's Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $2,500 All other Perils 5% maximum on Wind City of Miami included as an Additional Insured/Loss Payee :<.,,....: 'a A. LimitNalue at. Location or Sit2 ; ..:..:B... • • Coverage.Extensions: 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. 20 Hadley Park Youth Center', B-35883A TFB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of ,the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner Is the City of Miami, Florida. This official title shall be used in all insurance documentation. Companies authorized to do business in the State of Florida, with the following qualifications, shall Issue all Insurance policies required above: The company must be rated no less than "A= as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide; published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to Insurance approval. . The Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 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 9, 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. Contractor shall additionally comply with -"the provisions of Section .119.0701, Florida Statutes, entitled "Contracts; public records". In lieu: of. a_P-erf..ormance/Payment Bond; :Contractor. i eV fumish "alternateforms :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 altemate 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. 21 Hadley Park Youth Cantor, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 9. Qualification of Surety l Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor 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 personnel and Subcontractors 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 shall be responsible for the good condition of the Work or materials until formal release from his obligations .under the terms of the Contract Documents. All newly constructed work shall be carefully protected from injury in any way. No wheeling or walking :or; placing f heavy:.(gads;.oq,.itshaU..bA allowed..and the Contractor at its own expense shall reconstructlt portion damaged Contractor shall bear all losses incurred 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 22 Hadley Perk Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. 11. Method of Performing the Work 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 the best general practice is to prevail and that only material and workmanship of the best quality is to be used, and interpretation of the Contract Documents shall be made upon that basis. 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. If the Project Manager or Consultant reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the Project Manager or Consultant, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the Project Manager or Consultant, the Project Manager or the Consultant shall have the right to order the Contractor to do either or both of the following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project(s) within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. (3) The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due to 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 shalt be repaired at the expense of the Contractor to the satisfaction of the Project Manager or Consultant. 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-Qf-the Project site. 9r_facility. The nianner in which the Vojijs,,perfprmedshati 'be -subject to_ the approval of the Project Manager or Consultant, whom if necessary, shall -have the authority to require changes in the manner in which the Work is performed. There shall be no obstruction of City services, without the prior written approval of the Project Manager or Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. 23 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the Project Manager and Consultant. A staging plan must be submitted to and approved by the Project Manager or the Consultant prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project(s) site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in the Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation that may be required during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project(s) site(s) will not relieve Contractor from responsibility for - properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and the Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager or Consultant as part of the Contract Documents, 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 wili•not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished the Project Manager or by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to' Project Manager or Consultant. 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against,.all losses or damages of whatever nature sustained until Final Acceptance.by City, and shall promptly repair or replace, at no .,psddltip.Dalcostlothe. City any. Work,t rr terials,egujpment,, or supplies damage, Jost, stolen, or ,detroyed from any cause wevehatsor 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. 24 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 re -sodded, 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 • 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 allnecessary 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.shallcontinue until.such time, as, all the, Work is completed and Project Manager or Consultant has issued the `Contractor a notice'of Final Acceptance. C'pratagtqr: rriLpt.P.OhPrO9 the applicable environmental,protection gu.idelmes for..the, duration of a Project lif .hazardomaterials a us waste matereused,'detected or gefierated at any time, the`Project.. Manager must be immediatelyTotified of each and every occurrence. 'The Contractor shall comply . with ..all4: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. 25 Hadley Park Youth Center, B-35883A fTB No.: 12-13-02B THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager and Consultant of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager and the Consultant. 18. Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F- 41.03 of the Florida Administrative Code delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: • The chemical name and the common name of the substance. • The hazards or other risks in the use of the substance, including: o . The potential for fire, explosion, corrosion, and reaction; o The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and o The primary routes of entry and symptoms of overexposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. • 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,; 4 ether• -temporary -br permanent and whether or not incorporated or to be incorporated in the Work. • Contractor shall. at: all timesenforce strict discipline endgood ,otder. among ats:;emplloyees::and '. Subcontractors a6U'te-. Projects) sites) and •shall riot employ on the Pro�ect(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, rules, licenses and regulations applicable to provision of services specified in the Contract Documents. The Contractor shall be familiar 26 Hadlcy Peck Youth Confer, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. with all federal, state and local laws, rules, licenses and regulations 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 25, Authority of the Project Manager, of the General Terms and Conditions. On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance- by both the Project Manager and the Contractor and will not show partiality,to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, Subcontractors and invoices. The City may contract for additional consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and are not intended to and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the former Consultant. 22. Project Management 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 • tote strictly and promptly followed in -every case. ' Contractor shall keep on the Project duti g its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to, Proiecf.,Manage for„Consultant... The superintendent.;sl; a ,,,not be,:,.:,, changed except with the wntten' :consent,,4of Projact Manager .or Consu:.unless ltant, .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 27 Hadley Park Youth Center, B-35883A ITD No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. i provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Subcontractors at the Project(s) site(s); visitors to the Project site, including representatives of the City, Consultant, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s) and shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancybetween 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 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 Statutes. 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 Program 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, which will not be unreasonably withheld. With the submission of its pay application the Contractor must identify the number of personnel they and the Subcontractor(s) are..using, who are working under H2B visas. Third tier subcontracting is only permitted with the prior`written approval of the Project -Manager. .___Authority of -the Project Manager._ 'The, Director• hereb authorizes the^ Project "Manager an ' y d the Consultant designated"li1"'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 the 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, 28 Hadley Perk Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 Manager 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. The Project Manager and/or 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 Protect 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 or approval is to be made by an authority other than a City of 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 approval or consent of Project Manager or Consultant, it must, if required b, the A,Project.Manager and/or :Consultant, .be uncovered, for :examination and. properly::restored:-at- , :: ..•Eontractor'S expense: „..._ .. Unless otherwiseprovided, the Contractor shall make arrangements for such tests, inspections. and approvals. 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. 29 Hadley Pads Youth Center. B-35883A rrB No.: 12.13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. 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 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 Managei:and..;Qonsultant 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 30 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. of materials. Contractor shall fumish to City copies of written permission obtained by Contractor from the owners of such facilities. 30. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a week schedule. Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project(s) site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project Site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. 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 is required to coordinate the Work with other contractors performing work at the Project(s) site. 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. 31. 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.determtnation shag._b.,e fin et.and..to n d g _upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision, shall be eIlowed. unless .C.ontracto(.has .given writtp ..,totice; in ;strict .accordance with. the provisi ns Of thi5•Articie. No request: for. an equitable adjoOtiant.or Change to the Contract price or Contract Time for. differirig=-site'Conditions :sh4i1 be allowed if made after the date certified.by Consultant or Project Manager as the date of substantial completion. 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 31 Hadley Perk Youth Center, B•35883A ITBNo.: 12-13.028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 or its officials;iemployees; for their accuracy or completeness. No request for additional compensation or contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments The Contractor must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc', who shall be contacted a minimum of 48 hours before the Contractor commences any digging. In addition, the Contractor is responsible for removing all utility markings once the work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 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 maci ;to shoyv,: major::atrup ures._on:.the; furnished; Drawings.; While the jn orftia ion has been compiled from `the best available sources, its completerfeit. 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. 32 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. In addition to such limitations, the Project Manager may make storage available to the Contractor at his sole discretion based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations: The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project Site(s) may remain in operation during the Work. • The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted by the Project Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the specified areas; conform to Project(s) site(s) rules and regulations affecting the Work. o Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager. o Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the Project Manager. 37 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. 38. Material and Equipment. Shipment; Handling; Storage and Protection Preparation for Shipment When : practical equjptner►f snail: ;be'.factory;_a's?se"?ribled :TFie equ'ipnielit:parts and; assemblies ~ . that are shipped unassembled shall be furnished with asss mbly 'plan and instructions >The separate parts and assemblies shalj;befactory 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 unpaintedparts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. 33 Hadley Park Youth Center, B-35883A 1113 No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the .package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment All equipment and material shall be shipped with freight and shipping paid, FOB job site. The Contractor shall request a 7-day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -supplied and City -supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling Equipment and materials received for installation on the Project(s) shall be handled in accordance with the manufacturer's recommendations, and in a manner that will . prevent damage. Storage 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.eubjeet to damage-by-the-elements,.vandalism, or theft shall be stored in secure. buildings.,lterns requiring environmental control for protection shall be provided with the necessary envlronMentaily,controlled stora•ge.facilitie atap:posttothe.,Clty Insurance . :. —. • The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control 34 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 r THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 The contractor shall provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full- time operation. Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the Project Manager or Consultant, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 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 plumbing and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project(s) and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. 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, t arna ufacturer, a-.qualifed::representative shall. • be present to observe field conditions, -conditions of surface and installation, quality of workmanship, and applications. Manufacturers representative shall provide the Contractor and the Protegt; Manager or Consultant a written report_of field 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 35 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. correct any and all apparent and latent defects that may occurwithin 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. 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. :.aattact�ed-#g ;Submittals':;. packages: _being • .transmitted.: to..the...City _and..Consultant.: They • Contrrtor's letters of transmittal shall properly list ands `dentify ail 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. • 36 Hadley Park Youth Center, B.35883A _ ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 shop drawings, product data and samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked and coordinated with the requirements of the Work and have been verified, checked and coordinated with the Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the Project Manager's or Consultant's stamp of approval. Distribution shall include, but not 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 goveming authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the Project Manager's 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 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. Within five (5) calendar days after the City issues a Notice to Proceed for 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 thorn c hFy *low and check: the Shop.DraWingeand each and,every copy .shall'•• • show its approval thereon: Contractor shall submit three (3) sets of shop -drawings. . Some shop drawings as either denoted in the Contract Documents :or. by the Florida Building. Code (Code) or Florida Statutes, 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. 37 Badloy Park Youth Canter, B-35883A ITB No.: 12-13-028 • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 snake specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. Project Manager or Consultant shall review and accept or reject with comments, Shop Drawings within fourteen (14) calendar days from the date received. Project Manager's or Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents and not indicated on the Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop Drawings have been approved by Project Manager and/or Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Project Manager and/or Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the shop drawing numbers of related work. Shop drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections with other work, cutting, fitting, drilling and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, the Project Manager and/or Consultant are entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or Consultant's approval at the job site at all times. 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 p'ertinent"produc s,,with'referencesto the'specificatiops'and the Contract Documents 'identify reference -standafds;' performance 'characteristics -.and capacities, Sling and piping diagrams and controls, component parts; finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information and operating and maintenance manuals at 50% completion of construction. 38 Hadley Perk Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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, RFls, and Field Directives, as well as all written interpretations and clarifications issued by the Project Manager or Consultant, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change. Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations. of piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the Project Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files. 47. Supplemental Drawings and Instructions The Project Manager or Consultant shall have the right to approveand 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 the 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: ACCEPTED-..No:,correction .required. .. . 2."=PRODEEI5 AS O kECTED -Minor changes or corrections identified `Mork 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. 39 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 Project Manager 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 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 Project Manager and the Consultant in evaluating the proposed substitute. The Project Manager or 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•" ' 1rnburse the City for the charges bf 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. 40 Hadley Perk Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 50. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the. Contractor to bring to the Immediate attention of the Project Managerand 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), 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,direetive..is outside theecopeaQf tfie /Work; ,the Contractor. shall,, within 48 hours,. noti , the Project Manager or -Consultant that the: Work is outside the scope of the Work. At that timetimellie 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. 41 Hadley Pack Youth Center, 8-35883A ITB No.: 12-13.028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. 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 conceming a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 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 91, 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 cunt,type..,pr value ofthe. Work shown in the Contract and which are within the general _ .: e`o thntr e Coact Documents ;:'Any'such changes 0,456 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 42 Hadley Park Youth Center, B-35883A ITB No.: 12-13-022 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 Tight 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 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, using City Forms CPR Parts A-C (available on the CIP webpage), which shall include requested revisions to the Contract, Including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project(s). If the Contractor fails to notify the Project Manager or Consultant of the schedule changes associated with the Extra Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten (10%) percent of the direct labor and material costs, unless the Project Manager determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time the Contractor shall, within five (5) business days submit a revised Project schedule reflecting the changes against the baseline schedule. 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 .fgrrn„ whatsoever, shall be valid or enforceable.unless.:tJa irt:,writingand.sigRed : by_ the parties:;ciarged;.therewith gr:,their•duly authorized represen afiGe. 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: 43 Hadley Peck Youth Center, B-35883A IT13 No.: 12-13.028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. • 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 lump sum which Contractor and Project Manager acknowledge contains a component for overhead and profit. • On the basis of the "cost of Work," determined as provided in this, plus a Contractor's fee for overhead and profit which is determined as provided in this Article. • The term "cost of Work" means the sum of all direct costs necessarily incurredand 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 fumished 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 ofthe Work de§cribed=in the Qha.gge•.: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 44 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. owned by the workmen, which are consumed in the performance of the Work, and Tess market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any govemmental authority. • Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. • The cost of utilities, fuel and sanitary facilities at the site. • Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and. similar petty cash items in connection with the Work. • Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "cost of the Work" shall not include any of the following: ■ Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the agreed -upon schedule of Job classifications., all of which are to be considered administrative costs covered . by Contractor's fee. • Expenses of Contractor's principal and branch offices other than Contractor's office at the site. ■ Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. • Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. • Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. ■ Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article. Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: ■ A mutually acceptable fixed fee or if none can be agreed upon, ■ A fee based on the following percentages of the various portions of the cost of the Work: Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). Where a sub -contractor performs the Work, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and .,:,..y.,,r..;, No fee shell be payable for special consultants or supplemental costs. Contractor's:overhea- is considered to cover all indirect costs and shall also include the costs of insurance and bonds. 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 45 Hadley Perk Youth Center, B-35883A 1T13 No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work Is to be determined pursuant to this Article, Contractor will submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown together with the supporting data. 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 may 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 91, 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 eventof 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) laboi Which includes wages; -payroll deductiohs ' if ='any"; 'made by the Contractor as employer pursuant to bona fide colleciive bargaini g Iabor agreements applicable to the Work; (ii) contributions. to the State.. Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental 46 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. Incase 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 o 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. •' Project-` Managei's`=or •Consultant's' schedule changes according to: ontractor's recor�ic sand shop draviiings. Specifications and Addenda: Legiblymark 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 47 Hadley Perk Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 Professional Surveyor and Mapper (PSM). 62. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act asa basis for the Contractor to submit a claim for an extension of time. 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 Use, 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 q complyipg with -the findings -of -the Project Subt ,tial-Completion Inspection and completing -the .'Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager or Consultant determines, on the appropriate form that the Work is not substantially complete, the Project Manager or Consultant shall provide a list of all open items 48 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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, and payment application. Contractor shall deliver the written Contractor's warranty and all Manufacturers' 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. The acceptance of final payment shall constitute a waiver ofall claims by Contractor, except. _ thosa previously., made, in strict accordance with ,th prpyisions of the Contract and iclentified:by.. Contractor as tinsettle3d at the time of the applicatioicfor 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 49 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO 'ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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/nodes/. Contractor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. 67. Force Majeure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term Is interpreted under Florida law, 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 includesuppliers, 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 City will also factor In other factor 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. 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,: ifiknown, would. have re,.ulted:.ina enial of the request for an Excusable Delay. f Notwithstanding the above, the Project Maria.ger`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 madewithin ten (10) calendar days after the time when the Contractor knows or should have known of any cause for which it may claim an 50 Hadley Perk Youth Center, B-35883A 17B No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 71, Contractor's Damages for Delay; Time Extensions Only hereof, if City and Contractor cannot otherwise agree. It Is expressly and specifically agreed that any and all claims for changes to the Contract time or Contract price shall be waived if not submitted in strict accordance with the requirements of this Article. The Contract time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in this Article. Such delays shall include, but not be limited to, acts or -neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, _abnormal weather conditions or acts of God. 70. Extension of Time not urnulative In case the Contractor still! 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. 51 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 (THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 71. Contractor's Damages for Delay; Time Extensions Only No claim for damages or any claim, other than for an extension of time, shall be made or asserted' against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 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. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 69, Notification of Claim, hereof. Failure of Contractor to comply with Article 69, 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 lines 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 Wock.and replace it with non -defective Work. Contr•Otor- 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 52 Hadley Park Youth Center, B-35883A rrB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO.ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 -Conforming 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 conceming 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 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 offailure •,_ to so, comply, the Co ractor does hereby authorize the City to *proceed to have such Workdone at the Contractor's 'eVrense arid 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, 53 Hadley Park Youth Canter, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. Regulations As used herein, any reference to Miami -Dade County, its departments, or its. published regulations, permits and data, shall be synonymous and interchangeable with other` recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) • The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined In the previous noted standards. No street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. • If required by the Project Manager or Consultant, Traffic Division or FDOT or as otherwise authorized by the Project Manager or Consultant, the Contractor shall make arrangements for the employment of uniformed off -duty policemen to maintain and regulate the flow of traffic through the work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. • • The Contractor shall provide all tarricades 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 theContractor to detour traffic. Excavated • •or.oihe'rToterial stored adjacentto:orpartial.upon •a..roadway pavement shall be ..adequatejy 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 • 54 Hadley Park Youth Center. B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. addition, the Contractor shall be responsible for providing the Consultant with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed by a professional Engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010- 010. • Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470). • Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance of the construction date or 48 hours in advance of construction within any signalized intersection. • Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. • Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping • 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 6pm 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 withor endangered by the proposed .construction":: Relocation of.wetermains or`other utilities forthe' convenience of t ie=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. 55 Hadley Park Youth Canter, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 coordinateits 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 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 90, 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;7to_;take, possession of and use any completed or._,.:, partially completed portionsthe Project(s).=- Such:possession and use shall not be deemed 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. 56 Hadley Park Youth Center, B-35883A 1TB No.: 12.13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. J 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 Consultants issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area: • Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager or Consultant on the Certificate of Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager or Consultant shall issue a Certificate of Final Payment relative to the occupied area. • If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the 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 expenseof Contractor. - 85. Set -offs, Withholdings, and Deductions T . The City ma set-off, aeducfor withhold from any .-payment .clue the' Contractor;'such=sumsyas • 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. 57 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP.ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 An event of default shall mean a breach of the Contract by the Contractor, his subcontractors or agents. 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-Opportunitv 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, magi have:Irtlefault. corrected. by its own forces or another -contractor-and 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 58 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 4 . THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and. agrees that termination of this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: • Contractor fails to obtain the insurance or bonding herein required by the Contract. • Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. • 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 90, 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) sites) 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 anytjme, in.,its soli.:djscretion,,wjth,or.without cause, terminate the. Contract by written, notice ,,:'to,1he Contractor SuthWrIttften. Notice shall.state the_ date, upon'which Cojtr..actor 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"); 59 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. • Take such action as may be necessary for the protection and preservation of the City's materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the City and deliver to the site,or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; • Take no action that shall increase the amounts payable by the City under the Contract Documents; and • Take reasonable measures to mitigate the City's liability under the Contract Documents. • All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. 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 resultof 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 Aanager fail to 'resolve the 'dispute the;.Contractor shall ,: Submit their dispute in writing, aniith a'T 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 issuea written — finding. Should the Contractor and the Assistant Director -Contracts fail .to resolve the dispute the Contractor shall submit their dispute in writing within five (5) calendar days to the Director. 60 Hadley Perk Youth Center, B-35883A PCB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 price or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder,. including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 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 . Th�a^City may- avail itself of each and every Tetf dy herein specifically giveri to it•now, or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth 61 Hadley Perk Youth Connor, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 anyother 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 Taws, 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 All work shall be constructed in accordance with the latest edition of the City of Miami's contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2013 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, regulations, rules, building, environmental, technical, 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 art; independent contractor. In accordance with the stAtni of -an independent contractor, the. Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. 62 Hadley Pack Youth Center. B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 retums 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,fthen such unenforceable or unlawful: prevision 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 o1 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. 63 Hadley Park Youth Center, B35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 101. Applicable Law and Attornev's Fees This Contract shall be construed under the laws of the State of Florida. In contractual actions or other civil actions between the parties each party shall bear its own attorney's fees. 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, 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. 105. Evaluation Contractor acknowledges that upon completion of the of the Work under the Contract Documents and/or at any other time deemed appropriate by the City a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept, in City files for evaluation on future solicitations. 106. Commodities manufacture& grown, or produced in the City of Miami, Miami - Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the Stateof Florida, and whenever all thlngs stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 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. 64 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL: BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, 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 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 .':-compliancewith;;-anymmaining documentation orobligati; as the,case may 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 65 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 anyperiod 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 § 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 toamendment 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 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 Contractorsin 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, orany portion thereof, herein 66 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. J 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 fumish 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. 122. Disclosure of State Funding, if applicable. If State funds are being used by the City to pay for this work,. The City document whether payment will come from funds appropriated by the State and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. 67 Hadley Patio Youth Center, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Section 3 - Supplemental Terms and Conditions 1. Contract Time & Hours The Contractor shall furnish 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 365 days to achieve Substantial Completion from the date of the Notice to Proceed is issued. Contractor shall have an additional 60 calendar days for Final Completion of the Contract. Work shall be performed in accordance with Code (Ord No. 12959) of the City of Miami. The work hours for this project are 8:00 a.m. — 6:00 p.m. Monday — Friday. 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. Work shall be performed in accordance with Code of the City of Miami. 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 writingof any changes in approved Work hours. 2. Progress Payments Contractor may make application for payment for Work completed during the Project(s) at intervals of not more than once a month or upon completion and Final Acceptance of the Work. All applications shall be submitted in triplicate and the Contractor shall only use the City's most current Contractor Payment Requisition Form. This form is available on the CIP webpage. 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 Schedules as required in Section 3, 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 eamed by Contractor shall be retained by City until Final Acceptance by the City. Any interest eamed on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: ■ Defective Work not remedied. ■ Claims filed or reasonable evidence Indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. • Failure of Contractor to make payments properly to Subcontractors or for material or labor. • Damage to another contractor not.r medied.. . I,-. Liquidated damages and costs incurred 'by City and/or Consultant for extended construction administration. • Failure of Contractor to provide any and all documents required by the Contract Documents. In instances where multiple Project are awarded the Contractor shall submit separate Applications for Payment for each Project. 68 Hadley Pazk Youth Center, B-35883A lTB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. Mobilization Partial Payments: When the proposal includes a separate pay item for Mobilization and the Notice to Proceed has been issued, partial payments will be made in accordance with the following: For contracts of 120 contract days duration or less, partial payment will be made at 50% of the bid price per month for the first two months. For contracts in excess of 120 contract days duration, partial payment will be made at 25% of the bid price per month for the first four months. In no event shall more than 50% of the bid price be paid prior to commencing construction on the project site. Total partial payments for Mobilization on any project, including when more than one project or job is included in the Contract, will be limited to 10% of the original Contract amount for that project. Any remaining amount will be paid upon completion of all work on the Contract. Retainage will be applied to all partial payments. Partial payments made on this item will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time. Where the Contractor fails to do so, 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 Two Thousand Five Hundred and Fourteen ($2,514.00) dollars 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 suni..of.One.Thousand Tw.o..Hundred,Fifty.Seven ($1257.00) dollars per calendar day, which is hereby agreed upoh riot as a penalty but as liquidated damages. The Contractor will be notified of lariy., approved exceptions or extensions. The total amount of liquidated damages ••'shall: not exceed.,the value of the::applioable:Contract bocuments: The City shall have the right to deduct liquidated damages.assessments from any payment due or which may thereafter becomedue. to °the 'Contractor under any contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be Tess 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 69 Hadley Park Youth Center,13-35883A r18 No.: 12-I3-D28 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid in full to the City. The City shall notify the Contractor that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the Items. The Project Manager or Consultant may require, further breakdown after review of the Contractor's submittal The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under the Schedules of Values shall not exceed 5% of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 5. Project Schedules Contractor shall submit a proposed Project schedule ("Schedule") as follows: a. Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice to Proceed 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. b. 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. c. 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. d. All Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of Schedules, Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated into the City's master Project schedule. e. 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..:. Cornplgte sequence of design by activity reflecting the Sub consultant responsible for :.., the adtivity. b. Complete sequence of construction by . activity reflecting the Contractor or Subcontractor(s) 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. 70 Hadley Park Youth Center, B-35883A ITB No.: 1243-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 the City to review all submittals; 5). Time required by City to support any pre -operational and start-up testing; 6). Time required for the relocation of utilities, if required. e. Percentage of completion for each item as of the date the schedule was prepared. f. Dates for Contractor's submittals. g. Dates forr any required City -furnished materials or equipment. h. 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. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project(s) or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all hens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project(s), subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person: The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no Release of Lien has been submitted. The . Contractor shall submit with the final payment request, for any Project(s) where subcontractors have performed Work, a Final ,Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit a Consent of Surety to Requisition Payment. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. ,Progress Meetings . _ The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the Project Manager or Engineer, to provide for the timely completion of the Work. 71 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items or questions, and Contractor shall note the action to be taken by such party or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes.of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to Project Manager and the Consultant an updated two -week look -ahead schedule of construction activities and submittals.. 8. Request for Information The Contractor shall submit in writing 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 Consultant and City shall respond in writing. 9. Protect Site Facilities The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project(s). Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the City restrooms that may be available at the Project(s) site without the prior consent of the manager of the facility or the Project Manager where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Sub -Contractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Sub - Contractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the Project Manager or Consultant. Contractor is required to provide :any+;necessary. temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The Project Manager may authorize the use-9fexisting utilities. Such decision will be made at the sole'discretion .of the Project Manager anittie City: The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 72 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 - — — THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 10. Temporary Facilities, Utilities, and Construction Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility, or those that are necessary for the performance of the Work. Contractor shall make all arrangements with the local utility companies. The Contractor shall also be responsible for furnishing all materials and equipment necessary for the installation and maintenance of any temporary utilities. The Project Manager may authorize the use of existing utilities: Such decision will be made at the sole discretion of the Project Manager and the City. Contractor shall furnish, install and maintain temporary facilities required for construction, and shall remove them upon completion of the Work. All facilities shall comply with the respective federal, state and local codes and regulations and with utility company requirements. Materials for temporary facilities may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. The Contractor must pay for all utility costs associated with new lines, new hook ups, new utilityaccounts, and so forth whichwere necessitated by the Project itself. Contractor shall pay all changes, fees, costs, or other impositions for utilities, including, without limitation, electric, water, sewer, telecommunications and other utilities of whatever nature arising from the Project or the Work as herein defined. The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities and utilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. Contractor shall be responsible for payment for all fees and charges for the installation and use of all temporary facilities and utilities. Contractor shall pay all changes, fees, costs, or other impositions for utilities, including, without limitation, electric, water, sewer, telecommunications and other utilities of whatever nature arising from the Project or the Work as herein defined. 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. 11. 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. 12. Construction`Sionage Contractor will typically be expected 'to furnish and install a minimum of two -signs in addition to construction related signs such as warning signs. 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: 73 Hadley Perk Youth Center, B-35883A 17B No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. • 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 %" MDO with varnished or 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 '/a 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 fonts shall be Akzidenz Grotesk. 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. 13. .Construction Photographs Prior to commencement of the Work the Contractor will 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, unless otherwise allowed by the Project Manager 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. 14. City Furnished Property Where noted by the Contract Documents or as directed by the Project Manager, the Contractor may be required to preserve all signage, street signs, parking meters, benches, traffic control . signs, etc, and shall reinstall or provide them to the City as directed. 15: State of Florida Funding If required by Florida Statutes The City shall disclose in the solicitation document whether _.payment will come .from .funds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal • > property or.: construction services. 74 Hadley Park Yoirth Center, B-35883A 1TB No.: 12-13•028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami, Florida Office of the City Clerk City Hall, 1 M Floor 3500 Pan American Drive Miami, Florida 33133-5504 BID FORM Submitted: �513, ke./..} 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 ail respects; made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: Bid No: 12-13-028 Title: HADLEY PARK YOUTH CENTER B-35865A The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price Bid in figures and the price Bid In words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid Is to be multiplied by the stated quantity requirements in order to arrive at the total. 75 Hadley Park Youth Center, B-358B3A - ITB No.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BID FORM (Page 2 of 10) Note: Bidders are bidding on the summation of Items 1-4 for the purpose of determining the lowest responsive and responsible Bidder. At the City's discretion, the executed contract can be any combination of Bid Items 1-4. Citv Form Subcontractor Utilization ("SU") must be submitted with your bid. The SU Form can be found posted on the webpage with the bid documents. Bidders are required to list the selected third party independent verifier on Citv Form SU. All Respondents must utilize the appropriate unaltered City Forms, which can be found on our website. Bid Item 1: Lump Sum Base Bid Amount Includes the total cost for the Work specified in this solicitation, consisting of demolitions, asbestos abatement, total lead -based paint abatement for interior and exterior surfaces, utility offsite improvements and site lighting, furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required, in accordance with the Bid Specifications. Lump Sum Base Bid Amount: .d'IFlo))O ° LUF1P'SUMO Bid Item No. 2: Alternate No. 1: Asphalt Parking Spaces For the furnishing of all labor, materials and equipment for completion of all items in accordance with the Specifications and as shown under Hadley Park Youth Center Construction Drawings d.c. or-0 LUMP SUM Bid Item No. 3: Alternate No. 2: Vehicle Drop Off Area For the furnishing of all labor, materials and equipment for completion of all items in accordance with the Specifications and as shown under Hadley Park Youth Center Construction Drawings $ Bid Item No. 4: Bid Additive Alternate No. 3: New Playground For the furnishing of all labor, materials and equipment for completion of all items in accordance with the Specifications and as shown under Hadley Park Youth Center Construction Drawings. 76 Hadley Park Youth Center, B•35883A ITB No.: 12-13-028 r THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BID FORM: (Page 3 of 10) TOTAL BID AMOUNT: .P71(0 6 f? Written 5q1(tg22LB l�6 tiku-,cI-Lec„) rfPP Bid Amount gqu`110p )-t„d 0 p)00 .Q (1 -g-tr Allowance for Permit Fees *Costs are for actual City of Miami permits only 104.616.00 (LUMP SUM) /9 TOTAL BID AMOUNT g6C 06 fir 4-0e-a_ +/L49/(5atid Written Total Bid Amount / AO This amount is to be utilized strictly for the Contractor's Permit Fees reimbursements. Any moneys remaining fromthis allowance account will in no event be utilized for other purposes. 77 Hadley Park Youth Center, B-35883A ITB No.: I2-13-028 Project No. B- CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Project Title: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Sheet No. of This Form must be submitted with a Bidder's Bid submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected as non -responsive. The City in its sole discretion allow the Bidder to submit the Exhibit after Bids, are due. Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Address/City/State/Zip License Information** Business SBE Certification**** CSB DBE Type Number 0 Q @ .to 6 fid g wi r $Z• - NI juAA nth oz e3,) h-� iv,1 / F( ie • 0 - ' �vr X • 6:10:.? a6 /a/2�a ,L ra Z J . � 0 Chi MI I • • • 0 o a • i. 1 0 MI IM IN o a o a a o o a o * 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BID FORM (Page 4 of 10) Part I: DIRECTIONS: COMPLETE PART 1 OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) 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 0\11/ o ..D.6 Ov-/ 0 43 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. Community Small Business Enterprise CCSBE") Reauirements Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Sections 18-89 of the City Code, pertaining to the implementation of a "Community Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a contract. 2. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance ,data and reports honestly and accurately; and 3. Drua 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 continuingdrug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (II) The Bidder's policy of maintaining a drug -free workplace; 78 Hadley Park Youth Center, B-35883A ITB No.: 12• I3-028 BID FORM: (Page 5 of 10) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (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) (i) 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); and 4. Lobbvinq 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. 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. Hadley Park Youth Center, 8-35883A 79 1113 No.: 12-13-028 r THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BID FORM: (Page 6 of 10) This undersigned shall require that the language of this certification be included in the award documents for "AII° 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: Are not presentlydebarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; 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 Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 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. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) have read and understood the provisions of City of Miami Ordinance 13332, codified as Sections 18-89 of the City Code pertaining to the local workforce participation requirements on a quarterly basis; (b) have identified in City Form Subcontractor Utilization ("SU") a third party independent that verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; and (c) the selected third party, who independently verifies compliance with this section, must have a minimum of 2 years experience as required in Ordinance No. 13332, codified as Sections 18-89 of the City Code; so Hadley Pads Youth Centex. B-35883A ITB No.: I2-i3O28 BID FORM (Page 7 of 10) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 proposal and in the total Bid price are. costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. 81 Hadley Park Youth Center, B-35883A _ ITB No.: 12-13 028 BID FORM (Page 8 of 10) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. The Bidder further identities the costs and methods summarized below: Quantity Unit Description Unit Price Price . Extended . Method rie/0(AA 2o0 late 2et0. Total $ completing the spaces provided below.. Firrn's Name: irbe ( y Signature: Printed Name/Title: �nn ?alp I a) 54 ao Al City/State/Zip: IL -Pia r c,t i , FC l Telephone No.: b5 _ 6,€'..3 _ 6,a c c • Attached is a Bid Bond [✓j, Cash [ ], Money Order [ ], Unconditional/lrrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ]..C,ashier's eck [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of -id / cr.) • for the sum of Dollars ($ 5 017> ). The Bidder shall acknowledge this Bid and certifies to the above stated in Part 111 and IV by signing and 4,6Th1 v - c_ Facsimile No.:c3b5.a(3 c ¢dJ E-Mail Address: Social Security No. or Federal I.D.No.: (.`5_ — 043 4 7aYea ct bLrot16{Ue Dun and Bradstreet No.: q— Q , ...)-10 • (if applicable) If a a nership, names and addresses of partners: 1\1 Hadley Park Youth Center,13-35883A 82 1T8 Na: 12-13-028 Secretany.- Print: clo (y BID FORM (Page 9 of 10) CERTIFICATE OF AUTHORITY THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (IF CORPORATION) Q I H REBY CERTIFY t at a meeting of the Board of Directors of `- f n S e.-on, J , a cprppratio organized and existing under the laws of the State of e , of - o6 th day of 1L-f a aD a risQlution was duly passed and adopted authorizing (Name) p , per o a: (Title) , Trt t�.2 ACT of the corporation to execute bids on behalf of the corpbration nd 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 WITNESS HEREOF, Ih a hereunto set my hand this30, day of , 2013 . • NV\ 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. a I further certify that said partnership agreement remains i full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 Partner. Print: CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) / IA 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: d l A • Print: ►4� 83 Hadley Park Youth Cantor, 8-33883A ITB Na: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BID FORM: (Page 10 of 10) NOTARIZATION STATE OF 1 I rZ c.10 ' /� „ ) SS: COUNTY OFu IL -Pi �i �'Yi � - ��( foregoing trument s acknowledged before me thisu 12 dayof 20 ►-fie_ L1,A 7 4- • , who_is personally known tme or w has produced� as identification and who (did / did not) take an oath. SIGNAT 'OF NOTARY PUBLIC STATE 0FLORIDA fr'E//3 E. i2 /D PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 84 Hadley Park Youth Center. B-35883A 11B No.: 12-13.028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFICATE OF COMPLIANCE WITH SECTIONS 18.87 and 18.89 OF THE CITY CODE C-77p47a.ftv n • hereby certify that: k.. %i( kt r am the (President/Secretary or Principal) of A ) e O1,415 e D 6.1 (Respondent Firm); ii) I have read Sections 18-87 and 18-89 of the City of Miami Procurement Code; Hi) (Respondent Firm) hereby acknowledges that the awarded contract has an on -site labor component greater than or equal to twenty-five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Mami- e Dade County as a Community Small Business Enterprise ("CSBE"); OR iv) (Respondent Firm) f�— 01)(11.6.M.le7Cod7 eby is certified by Miami -Dade County as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%) CSBE requirement. An active copy of the respondent's CSBE certification must be included bid document. ore 4- 7 H eieJ eQ r -/ ir.7/ 1 v) (Respondent Firm) hereby agrees to comply with the Local 1 Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. vi) OPTIONAL: via) (Respondent Firm) hereby agrees to make assignments pursuant to Item hill. above, to certified CSBE firms who maintain a "Local Office", as defined in City Code Section 18-73; STATE OF FLORIDA COUNTY OF MIAMI-DADE 1Ss Be$ore me, a N • Public duly • rni stoned, qualified and acting personally, appeared d-orq ` D ✓) Z J . to me well known, who being by me first duly sworn upon oath says that he/she h -t been authorized to execute the foregoing Certificate of Compliance with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named thereinrin favor of the City. Subscribed and Swom to before me this ay of i _ . 20 I-5. A My commission expires: Q r Z CO, jj- Bonded by ' 1"C -15 YY*011 (f E. e/8 Notary Public, State of Florida at Large J.J2-/s/d/- • MLA E. MEtO 'Notary Pulilo • State Of Rodeo My Comae. Eaptres Mar 28, 2017 Commission 0 FF 002108 85 Hadley Park Youth Center, B-35883A ITB No.: 1243-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE") This section must be completed by the Bidder/Proposer and the CSBE Subcontractor that will be utilized for scopes of work on the project Name of Bi ' er/Proposer: aWC:NM- iMct°aMContact Person: r Address' - M=S-'�"7ialrg'-'>QNC/7AING T- Phone No.: 1 `3 EM', - - Project Name: , — P a �K r c( ����' - �� Project Number: 1'J - Da-p •- 3' • Contract Dollar Amount: 15% CSBE Dollar Amount The undersigned intends to perform the following work in connection with the above contract I certify that,the representation g contained in this form are true and accurate to the best of my knowledge. I affirm that I will enter into sub -contractual agreement(s) with the above listed CSBE sub- contractor( F¢I@tra awarded this ct Copies of the agreement(s) will be immediately made available to the City of Miami as required. Prime Bidderl,Qroposer Signature '3o lL Date o r Je 2 .c1 T er/Proposer not Name Title The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and the ability to otherwise meet the bid specification artado Sub-contractr Signature Date 0 14Z.batje Sub -contractor Prin Name • Title Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida County of Dade City of Miami ) SS THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 HADLEY PARK YOUTH CENTER - B-35865A NOW THEREFORE: May 30 , 2013 , for. (a) If the principal shall not withdraw said Bid withinone 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 principalshall 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. _ HADLEY PARK YOUTH CENTER - B-35865A Bid No.: ITB NO.: 12-13-028 BID BOND FORM (Page 2 of_3) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 30th day of May , A. D., 2013 , 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 goveming body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secreta only will ttest and affi . eal.) By: Ae per Attached Power of Attorney By: PRINCIPAL: ABC Construction, Inc. Affix Seal (Sign re authorized officer) VA-e S1 `pJe n 7- • (Title) 7215 N.W. 7th Street (Business Address) Miami, FL 33126 City State Zip Surety: The Guarantee Company of North America (Corporate Surety) USA /40 At,' , Surety Secretary (Signature of Authorized Officer,) HADLEY PARK YOUTH CENTER - B-35865A Affix Seal Charles D. Nielson Attomey-in-Fact (Title) One Towne Square, Suite 1470 (Business Address) Southfield, MI 48076 City State Zip Bid No.: ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BID BOND FORM (Page 3 of 3) I, the -r- Corporatio named a as Principal in the within bond; that `mil rcj ' , on � e a. 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 goveming body. STATE OF Florida COUNTY OF Dade City OF Miami CERTIFICATE AS TO CORPORATE PRINCIPAL r f �©n ?, le a - , certify that I am the Secretary of ) 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 llgemietiscappnr of North 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 30th INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders otary Public, S Kristi Messel HADLEY PARK YOUTH CENTER - B-35865A day of MaY A. D., 2013 of Florida at Large My Commission Expires: Bid No.: ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. iar.>,�rr..�are tal:i ABIOS 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 Michlgan, having Ite:princlpai 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. N Miami Lakes • • its titre and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity end other writings obligatory in the nature thereof, which are or may be allowed, required or permitted bylaw, 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.tts regularly. elected. officers. it the principal office. The Power of Attorney is executed and may be cartlfled so, and may be revoked, pursuant to and by authority of Article IX, Section 8.03 of the:By-Laws adopted by the Beard 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 Attgmey(s)-In-fact, and to authorize them to execute on behalf of the Company, and attach the Seal 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 Attomey-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 Attomey-In-Fact 'cannot be modified or revoked unless prior written personal notice of such intent has been given to the Corninissloner — Department of Highways of the Cornmonwealth of Kentucky et 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 duty 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 Attomey 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 signature and seal when so used shall have the same force and 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, this 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 !mown, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to sald instrument Is the Corporate Seat .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 Mussetman, Secretary ' Cynthia A. Take! iN WITNESS WHEREOF, I have hereunto set myt and at The Guarantee • Notary'Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakand County Company of North America USA offices the day and year above written. nota., A. Tuid.4.L 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 isstill in full force and effect. IN WITIJESS WHEREOF, 1 have thereunto set my hand and attached the seal of said Company this 10th day of May , 2013 LP, AM f Randall Musselman, Secretary SUPPLEMENT TO BID FORM; THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS ? DOCUMENT. QUESTIONNAIRE This Completed Form Mot 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 Bld 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? e r5 • a. Professional Lice ses/Certifications (include name and number)* Issuance Date 5m e _ &GC!A b0039 _O .94IP aoct'aL - P 199 0 S f3 E 05 Ger> Ca-744 ../&) ('include active certifications of corn unity small business enterprise & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: / 0 / t 9 q 0 _• c. Qualified Business License: C8I Yes ❑ No If Yes, Date Issued: / 0 / 9 9 0 • d. What is your primary business? �• e y) p aw,! ev l dwo. D Ad. i (This answer should be specific. For exam IA p , paving, drainage, schools, interior renovations, etc.) ame of Q ifier, Tice number, and relationship to com4tbAJT y: r P_ aktra..(e - a oI1lPo639 - f. 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 Nam of Company License No. ogle Issuance Date 3. Type of Company: ZiCorporation ❑"S" Corporation❑LLC❑Sole Proprietorship❑Other: (Corporations will be ulred to provide a copy of their corporate resolution prior to executing a contract) TTqe,4e/ • 92 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 4. Company Ownership a. identify all owners of the company. Name PiCa)1. Title °AraJ - 44) 41 T U r'aAl ly. ortta_Pea_ thsrctoall % of ownership v/o 55 . b. Is any owner identified aboveanowner in another company? ❑ Yes ErNo If yes, identify the name of the owner, other company names, and % ownership 0 c. identify all individuals authorized to sign for the company, indicating the level of their authority (check applicable boxes and for other provide spedflc levels of authority) Name Title Signatory Authority All Cost No -Cost Other o U zale3- at W.ti &t T Explanation for Other: lq (Note: "AII° refers to any type I 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 RFts, Notices, and other similar documents) 5. Employee Information Total No. of Employees: 15 Number of Managerial/Admin. Employees: (P Number of Trades Personnel and total number per classification: • (Apprentices must be listed separately for each classification) A • Er ❑ `❑ o ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 ❑ ❑ ❑. ❑ How many employees are working under H2B visas? ka &l.e 93 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 6. Has any owner or employee of the company ever been convicted of a federal offense or morpI turpitude: If yes, please explain: 7. Insurance & Bond•Information a. Insurance Carrier name & address: 4erY1 ; 5 C a.Q Stcr�a-cc.et ( �u-- 1401 6t040- ri2EET Te O 0Iatut' 1FL 3?/45' b. Insurance Contact Name, telephone, & e-mail: ? V 1 ✓1 u ra' 1 • Pic 305-- bl - a Po t- /Y1;464.0 45413P a gL • C_ o c. Insurance Experience Modification Rating (EMR): ' 59' Of no EMR rating please expla(n why) d. Number of Insurance Claims paid out in last 5 years & value: � / d-00 ne. Bond Carrier name & address: A[ f' e 5B�); Ve r 2 �7 D L%c BSI ,r 0 0600 c ove r)or5 62reare AA & 7? lc) /Qra/n; AC/Fe 33.04, f. Bond Carrier Contact Name, telephone, & e-mail: %S TJ Al52t a-345.- 3a?- a(,b X7) d xmP55P1�?rl;P/ ,, ZDr1oks • CD%YJ 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 agre men 0A? . 9. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: 0 . 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? ❑ Yes EK No (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, f�Q • 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. 11 94 HADLEY PARK YOUTH CENTER, B-35883A IITB NO.:12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. B. Project Management & Subcontract Details 1. Project Manager for this Proj • a. Name: Oref e . 0 /1 Idea b. Years with Company: 0 1' - r • c Licenses/Certifications: 6c aebteg4vJ C 'i 5Q 1 me d. Last 3 projects with the company including role, scope of work, & value of project: CE "Tao • 2. Subcontractors: Name Trade % of Worrkk License No. Certification* (*active certifications of community small business enterprise & name of certifying enrdy) 3. Scope of actual construction work to be performed by your company and the corresponding percentage of the work: does not Include such items as insurance `bonds, dumpsters, tral and other similar non -con ction work Items) P ry l U) 11 --Q- e j -4 e 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 dat , and number of company trades personnel assigned to the project) ' gE a c 4 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes Completed Projects the Proposer considers of a similar, size, scope and complexity that the City should consider in determining the Bidders responsiveness and responsibility. This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. Information provided must include the owner's name , address and contract .person, including telephone & e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that. were assigned to the project. The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be 95 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 co pleted by he owner of the Project and submitted as part of the Bid submission. ImoE a e c=i . D. Bidder's References Bidders are to include a minimum of five (5) references from completed projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission. The City, at its sole discretion may allow the Bidder to submit the references after t e specified date for Bid submissi n. c / e=1 02z e re u CQ S- 96 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. T) Company Name �-'�/a r d o% /-/� ��-@ Q 7`t D /) Address �?',f' J -'"&i2Cei A4i-ami FL Contact Person/Contract Amount gL 4ra f 4 c3 .,59.sv Telephone No.: /Fax No. 30 - 55 _ 9iv72/ ,fib a'- 9 _ 9116 2) Company Name Ube/iv/i / o cJe aoa-a ‘6.,(. Address / tileS T F/ /et 61-Rggr A -berm;, F . Contact Person/Contract Amount LO Ili es 214 19, 100. 4 - Telephone No.: /Fax/�No. 9E9 - 46'9 - aD 9- jar- , 9 - /O (OP- 3) Company Name 0 DP- A-4%T 1&Jia/1i; , 2Pd70 t l(,D 5r V. it-% fiaea gh/ FL ?./G.4. Address Contact Person/Contract Amount' FF 4A/,t/ 0 f�9i 3, 4.eet Telephone No.: /Fax No. e50 - %07-o1%% 9 /,�3- 9S--3�� . 4) Company Name (/ F / //y c!'Od�• Address ll'O.)7/ //17 ' lam`&' zte 4//v 3-30-26 Contact Person/Contract Amount '/"C D vet/11.4 9P ��• �� Telephone No.: /Fax No.954 % -- 3 7 /9 ..9.2/--,939 . !/' a' '5) Company Name '', ' 2kc4I a Lc) Je r-7/r2eAl . Address .4w XIa2 erg Ai 6r/zee% feirY7 / rG . Contact Person/Contract Amountae, T arr' cie.3' Id�?�/ (0 • Telephone No.: /Fax No. MOT- (i-%r�P��°70J� �y -9 P /�P /e.ase 5€C- 77 e HeJ 4je r R:_eie,e cr LP 40-T 2 t ,r-,07ra 40 . 97 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. eftp of filiarni JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject Reference Letter _/ Name of Bidder. oq %� (� � /`/g �. 0� . The above referenced Contractor is submiting on a bid solicitation that has been issued by the. City of Mlar We require that the Bidder provide written references with their BkI submission and by ping you with ti document, the Contractor is requesting that you provide the follow reference information. We wot appreciate you providing the informatbn requested below as well as any other information your feel pertinent Noma of Project i 4 ltri is Gorr• a.aJ¢ rgr, t . Soope of work: 6raci m j t mfrm ..41 A r P# yMnt , �4�spEiai?, au rhd Value of project: $ l,6ll-Pt rarbate Complettd: 7441 coast Was project completed on lime & within budget Q' Yes [j No If no, was the contractor at fault or contribute to the delay(e) or increased cost? 0 Yes { ryo if yes, please provide details: Comments: Thank you for ur foals nee En helping us In evaluating our bid solicitation. 1 Name of Ind! i ling this form: nr air f} Date:Dalb b fro l b Signature: 9,,,.4 file: P. . f•.) ii Erg. Telephone: ,3 D5..8*a bef.4 4. • Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program E-meil: A-r lbA6) %tie6.1.03"1 S j .. c.o 4A 98 HADLEY PARK YOUTH CENTER, $ 35883A 11B NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (itp of Anti JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern - Subject: Reference !After Name of Bidder: The above referenced Contractor is submitting on a bid solin that has been issued by the City of Miam We requtre:that the Bidder provide written references with their Sid submission and by priming you with th' document the Contractor is requesting that you provide the following rye information. We woul appredate you providing the information requested below • as well as any other kiformatton your feel pertinent Name of Project:t )E8 t 8x TATRA 01-1 `fatrfk ( i' a.! ypri - �e a. 8 8 '!'pr ItrM I SBIM.tE �e' 1tL Value of projr� $ 4I ,a 111220.0 Date Completed: . Was projeoi Completed on lima Its wUhln budget: 0 Yes I No if no, was the contractor at fault or contribute Io the delay(a) or Increased cost? 0 Yes 63 No If yes, please provide details: Comments: g_to.rvr1__dtmg_:&Etttiaj2dA plaid ttslhnf4G GrJer. tagrr kA Ain .1 _ a.or» le t +0 6taik jn rt,,aa/frkf1 /66c4•a. Art 'thank yoln for your assistance in helping us In evacuating our bill solicitation. Name of hidMdual completing this form: cd •1 r c b Dale: Woo, lxo Signature: Tolophono: ,$e —MO • Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program Title: 0_.9n, ere uo'rr0al'M-Alal7 ,2 Z/ I-tttrail: QE,P tag io/a I ^ r ,' 98 HADLEY PARK YOUTH CENTER, B-33883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. qritp of filtanti To Whom it May Concern Subject Reference Letter Name of Bidder: 1 ,J4 a 74,0 of , ,,, • C.- The above referenced Contractor Is submitting; on a bid solicitation that has been issued by the. City of Miai We require that the Bidder provide written references with their Bid submission and by provkllng you -with t document the 'Contractor is requesting that you provide the following reference information. We wou appreciate- you providing the information requested below as well as any other information your feel pertinent Name of Projnctr CGs1�a"CG''t'GSrL ht><il Scope of work: i ta•4,/11 t,4i L, 6 jl�itr 'r •Ie.{"j .. *jd,C»ai4i. ' ..ih• Value of project: $ 2497 , 2:12, v Date Completed: 1 JA1?-f 204 260e. Wos project completed on time & within budget: ] Yes ' ❑ No If no, Watt the contractor at fault &contribute to the delay(s) or incraaead cost? 0 Yes 0 No liras, please provide details: JOHNNY MARTINEZ, P.E. City Manager Comments: =' 4 t.. 4—IGL 52,41. ,b,h1D i,rav►1L. t � . 7 Thank you for your assistance In helping us In evalualinp our hid solioltation. Name of Indivldu ling this form: . t. 5" Atl4Q i..f-aa,S Date; 4,. (2e7.13 Signature: Title: 6 rgL4 no,J 144z, as Telephone: 1 w 2 C-mail: ���i?.. ttrillfZ9i etrcJe, rrtf• Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program 98 HADLEY PARK YOUTH CENTER, B-35883A [TB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (tip ofAin't JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Sub Reference Letter r Name of Bidder: /4//� t o ifs yY+-t D n! r efn The above referenced Contractor Is submitting on a bid solicitation that has been issued by the City of Miami. • We require that tie 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 welt as any other information your feel is pertinent: Name of Projeot: 1 LL4!r4 Pot rK, -- FOUR &leo vrtfi o6-0 . Scope of work: QA ud'nAi C frp 4 Volt f r 'Jett) &IraRoo Value dimpled: $ too � Oa$, .4 Date Completed: + si L ?4 . Wee project completed on time & within budget: L! Yea 0 No if no, was the contractor at Fault or contribute to the delay(s) or increased cost? 0 Yes (E' No if yes, please provide details: Comments: t .t P.R ' etu.aikr o i. f PaoPesS(o& .<... % . Thank you for your ie : nue In helping ua in evaiu ing our bid sofollatbn. Name of lndlvl yv t eting'thls farm: V e2.1 _ Date: a 4 1P4j . Signature: Tills: dttDA/ 104Atet• . Telephone: gmad! .t , r • • Sincerely, Mark Spanioti, P.E., Director Capital Improvements Program 98 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of lifitamct JOHNNY MARTINEZ, P.E. City Manager To Whom it May Concern Subject Reference Letter Name of Bidder: gat Opal s-1,0 -4 a . j r t The above referenped Contractor is submitting on a bid solicitation that has been Issued by the City f ith its mi. We require that the Bidder provide written references with their Bid submission and by providing yc 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: a``T.oR��e f�72 At m Pgritrimi a • (o • t aongetruttega OF STaaM PamP ontnaw .�r dlNelC'0%1Ldll ncotG) Scope of work: e And . hiiimee5 &IIP Mamie Ali L tIL Alh value of project: $ S j, 8 • I) . Date *• plated: , Q 010469 . Was project completed on time & within budget 1'i Yes 0 No If no. was the contractor at fault or contribute to the delay(a) or increased cost? 0 Yes 0 No If yes, please provide details: Tiy, Cobs-,--sd G Comments: Thank you for your assatance In helping us In evaiu Ling our bid soiicitalion. Name of indivl uai corn ti a • is t� • tit40 11044051p E. Date:f4/044Pr3 Signature: Title: eAl lhtEEte.. Telephone: �" 9 ! - •0y ' E-mail: 14 £ttjt .1o. kid/ 1 eooa L. Sincerely, Mark Spanioli, P.E., Director Capital improvements Program 98 HADLEY PARK YOUTH CENTER, B-35883A fTB NO.: 12-13-028 PREVIOUS Street Address: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 2) Please type or print clearly. This Affidavit must be completed In full, signed and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS DEFINED BY CITY CODE SECTION 18-73. /9al ai).57i e 7 G Legal Name of Firm: Entity Type: (Check One) 0 Partnership 0 Sole Proprietorship �rporation Corporation Document No: Occupational License No: laar / / 990 - Date Established uJ�r /a /996 Date of Issuance Office Location (Establishment of the bidder/Bidder :• PRESENT Street Address: 15 14ra fn. FL.9 / 26, . �a City: State: How long at this location: AAD 5T X-Pi a m�� FL 2) City: State How long at this location: According to Section 18-73 of the City of Miami Code, as amended: Local office means a business which conducts all or a portion of its operations from a permanent structure that is located within the corporate limits of the city, and has operated legally pursuant to all applicable zoning and licensing laws for a minimum of six months prior to the date bids or proposals were received for the purchase or contract at issue. A post office box shall not be sufficient to constitute a local office within the city. If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than one year, have been in effect for no less than six months prior to date bid or proposal was received, and be available for review and approval by the chief procurement officer or its designee. According to Section 18-85(a) of the City of Miami Code, as amended: "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that='non-local bidder and each of the aforementioned responsive, responsible local 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 99 HADLEY PARK YOUTH CENTER, B-35883A rrs NO.: 12-13-028 r�� SUPPLEMENT TO BID FORM: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. OFFICE LOCATION AFFIDAVIT (Page 2 of 2) 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 IocaIbidder.° The Intention of this section is to benefit local bona fide bidders/Bidders to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established ' ith the sot: purpose of obtaining the advan'age granted bona fide local bidderslBidd by u ;. n. Authoriz t Signature Print ame @ 1.-Q4 (Corporate ,-al) Title Authdred Signature Jfe' �4r&/re Print Name K251.6 (.I Title Auth ' '` . Signet re AuthoriiedtSignatu (Must be signer by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF DADE That: before me and ackhowledge or) he has prod ced A 1 4Prir Fir personally appeared the foregoing instrument as his/her act and deed. Q r55 R ✓l o ck)A • as identification. NOTARY PUBLIC: 1Zei (, . E. iLi 1 , My Commission Expires: II -Par .01-te / 2-o 13- Please submit wi h y • u • Form copies of Occupational License, City of Miami and Miami Dade County Business Licenses, professional and/or trade License to verify local office preference. The City of Miami also reserves the right to request a copy of the corporate charter, corporate Income tax filing return and any other documents(s) to verify the location of the firm's office. 100 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. INFORMATION FOR -DETERMINING JOINT VENTURE ELIGIBILITY FORM A If the Proposer is submitting as a joint venture, please be advised that this form (2 pages) MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name ofjoint venture: 2. Address of joint venture: 3. Phone number ofjoint venture: 4. Identify the firms that comprise the joint venture: S. 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 fon (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: (c) Supervision of field operations: NOTE: I 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. HADLEY PARK YOUTH CENTER ITB NO.: 12-13-028 Page 110 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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: HADLEY PARK YOUTH CENTER 1TB NO.: 12-13-028 Page III THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. oly• ADDENDUM NO. 1 May 10, 2013 INVITATION TO BID NO.: 12-13-028 HADLEY PARK YOUTH CENTER CIP PROJECT NO.: B-35883A 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 Hadley Park Youth Center — Invitation to Bid No.: 12-13-028 (the °Project"). Please note the contents herein and affix same to the documents you have on hand. The Bids Due Date has changed to: May 30, 2013 at 1:00 p.m. €tgguest for Information and Responses RFI # 1 N&J Construction A. Contract Drawings.and Specifications Q1. Specification Section 11480 "Athletic Equipment" provides specifications for the Divider Curtain. Specification Section 11484 "Divider Curtain" has also been includes as a separate specification. Which specification will novem? Al. Specification Section 11484 Is deleted from the contract document In its entirety. Q2. Specification Section 11480"Athletic Equipment" provides specification for the Volleyball Equipment. Court layout does not indicate location of pole sleeves. Will Volleyball Equipment be required? A2.. Yes. Provide Volleyball Equipment as included under Spec Section 11480. Also, provide volleyball insert In gym wood flooring per the National Federation of State High School Associations (NFSH). Q3. Specification Section 11480 "Athletic Equipment" provides specifications for wall paddings. The drawings do not indicate the quantity and location where they are to be installed. WiII wall paddinas be required? A3. Yes. Provide 25 linear feet by 80" high of wall padding to be installed at the west wall elevation of the gymnasium Addendum No.1 Hadley Park Youth Center, 13-35883A ITD No.: 12-13-028 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS ASUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 04. A2.01 & Al2.01 indicates the room floor patterns for the Gymnasium but does not provide the geometry and layout of the courts stripping. Sheet A2.01 Ground Floor Plan General Note # 1 requires the floor stripping lines to meet the °National High School Athletic Standards for Intramural Competition". Please provide the name of all the sports that will required floor stripping A4. Provide stripping patterns for basketball, full court and half courts as shown and for • volleyball per NFSH. 05. Specification Section 11452 "Residential Kitchen Equipment° Part 2 "Products"has all the kitchen equipment scratched off. The Concession equipment is already specified on Sheet A8.03. Whv are these specifications been included in the contract documents? A5. Specification Section 11452 is deleted from the contract document in its entirety. Q6. Sheet A7.02 Legend note 17 requires the steel roof trusses at the gymnasium to be painted. Please clarify if a high performance paintwill be required (not included in the specifications) or should the paint be applied per Specification 09900. A6. Paint steel roof trusses per Specification Section 09900. Q7. Sheet A7.52 Wall Detail #5 indicates steel framing studs on the underside of the steel roof trusses supporting the aluminum cladding. Please clarify if this framing falls under the guidelines of Specification Section 05400 "Light Gauge Metal Framing°. AT. Sheet S-10 has been revised to show soffit framing member sizes (revised drawing included herein). Q8. Sheet A7.52 Wall Detail #5 indicates steel framing studs on the underside of the steel roof trusses supporting the aluminum cladding. Please provide the following: a. Provide which specifications correspond to the aluminum cladding. b. Provide clarification if the corrugated deck attached to the bottom of the steel studs is part of the aluminum composite cladding or is it to be installed first to support the aluminum cladding. If the metal deck is to be installed prior to the cladding then please confirm if the metal deck specification is 05310. A8. Provide aluminum solid soffit panels nom. 12" +1- wide V-grooved (non ventilated) panels, as manufactured by "Mastic Home Manufacturing, Inc.-NOA 11-1130.02, or equivalent panel type. Q9. Sheet A2.01 Ground Floor Plan indicates Office Pool Room 103 with a °Built -In -Counter". The plan view indicates what seems to be dividers & upper cabinets. The drawings do not provide Addendum No. 1 Hadley Park Youth Center MB No.: 12-13-028 B-35883A Page 2 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. elevation or sections for this counter. Please provide all required elevations and sections so that the counter can be priced correctly. A9. Provide a 12 ft long built-in base and upper cabinet per detail 5/A9.05 with a front view similar to the Meeting Room Elevation drawing 31A9.06. Q10. Sheet A9.04 Floor Plan Storage 114A indicates wall shelving as 24" depth while storage room elevation indicates (by scale) the shelving as being 12" in depth. Please clarify the reauired depth of the shelving's. A10. Provide 24" deep storage shelves as dimensioned on floor plan. Q11. Sheet A9.04 Floor Plan Storage 114A indicates wall shelving's. Please provide the specifications for the shelving's indicated. Alt Sheet A9.04 Floor Plan Storage 114A — Provide utility open wire shelving — with 6 shelves per unit, 72x36x24D or 72x48x24D, 1,250 lbs. capacity per shelf, to achieve configuration shown on plans, in Metallic Gray finish as Manufactured by `Safeco' — Mod. Numbers 5290BL and 5296BL, or equivalent. 012. Sheet A8.01 indicates the projection screens in rooms 118, 121, 122 and 123 with dashed lines as if they were part on the FF&E fumiture. Sheet A3.01 reflective ceiling plan indicates projection mounts & screens, Sheet A7.52 provides mounting details for the projection screens and project manual includes Specification Section 11132. Please confirm if the electric projection screens & mounts are to be included in the bid. Al2. Electric projection screens, mounts and power service is to be included in the bid at all locations shown, or acceptable equivalent. Q13. Sheet A2.01 indicates a bicycle rack adjacent to Covered Area 131. Please provide specifications for the bicycle rack. A13. Provide a 66" long Model No. HI3H bike rack for 6 bikes as manufactured by Dero Playcore Co. (www.dero.com). Q14. Sheet A2.01 & A4.01 indicate an aluminum covered walkway connecting Covered Area 131 to the proposed Drop -Off Area. Please provide clarifications to the following: a. Provide Specification for the Aluminum Covered Walkway. If the walkway will similar to aluminum canopy indicated on sheet A7.06 of Alternate # 2, the details provided are insufficient to correctly price the walkway. b. The drawings do not indicate which columns will be considered as "wet". Sheet C-2.0 has not taken into consideration the connection of the wet columns to the drainage system. Will the wet columns be permitted to runoff directly to the adjacent areas? Addendum No. 1 Hadley Park Youth Center . ITS No.: 12-13-028 B-35883A Page 3 Addendum No. 1. May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. A14. Provide aluminum covered walkway canopy in accordance with added new Specification Section 10532 - Walkway Covers and Metal Canopies Included herein. All columns at low side of sloped canopy shall be considered "wet columns" (for roof drainage) . Q15. Specification Section 10505 "Lockers" Part 2 subparagraph 2.02 lists type A & B lockers. Please confirm that type "A" lockers are not part of this bid. A15. Type A lockers are a part of the bid and are found on sheets A9.0, A9.02 and A9.03. Q16. Specification Section 10505 "Lockers" Part 2 subparagraph 2.03 E refers to "sloped tops". Sheet • A9.01 locker elevations do not indicate lockers having sloped tops. Please confirm if sloped tops will be required. A16. Provide sloped tops to all metal lockers units. Q17. Specification Section 10505 'Lockers" do not address the integral locker benches as indicated on Sheet A9.01 legend note 'y". Please provide specification on the benches. A17. Omit the Integral locker bench as indicated on Sheet A9.01.. Mount lockers on a secondary 6" high solid poured concrete slab pedestal'base with 2-#5 continuous centered reinforcing, finished with coved mosaic tile base. Provide one 8ft long and one 3ft long manufacturers' standard self standing bench with pre -finish wood maples top seat. Q18. The drawings do not indicate the location and quantities of the markerboards, tackboards or bulletin board cabinets. Please confirm is any will be reauired or should Specification Section 10100 be deleted. A18. Provide mounted markerboards, tackboards and bulletin boards per Specification Section 10100, in quantities and per room(s) as follows; (actual mounting locations to be determined). Classroom 123- lea. 12ft x 4ft. high markerboard lea. 4ft. x 4ft. tackboard Meeting Room 121- 1ea. 12ft x 4ft. high markerboard lea. 4ft. x 4ft. tackboard Computer Room 118- 1 ea. 12ft. x 4ft. high markerboard 1 ea. 4ft. x 4ft. tackboard Lunch Room 104- lea. 4ft. x 4ft tackboard Office Pool 103- 1 ea. 4ft. x 4ft tackboard Lobby 102- 1ea. 6ft. x 4ft bulletin board Gymnasiun Vesitibule 108- Addendum No.1 Hadley Park Youth Center ITS No.: 12-13-028 B-35883A Page 4 B-35883A Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. lea. 6ft. x 4ft. bulletin board Q19. Table of Contents lists Specification Section 10605 °Wire Mesh Doors and Partitions". We have reviewed the drawing and cannot find were this occurs. Please confirm if this specification applies to this protect or should Specification Section 10605 be deleted. A19. Specification Section 10605 is deleted from the contract document in Its entirety. Q20. Table of Contents lists Specification Section 10550 "Postal Specialties". We have reviewed the drawing and cannot find any mailboxes corresponding to the requirements in this specification. Please confirm if this specification applies to this protect or should Specification Section 10550 be deleted. A20. Specification Section 10550 is deleted from the contract document In its entirety. Q21. Table of Contents lists Specification Section 09910 "Textured Coatings'. Part 1 Paragraph1.01 A of the specification states "Section includes textured coating for tilt -up -panels". Please confirm if this specification applies to this project or should Specification Section 09910 be deleted. A21. Specification Section 09910 Is deleted from the contract document in its entirety. 022. Table of Contents lists Specification Section 08730 "Epoxy Flooring W/ Integral Cove. Base". We have reviewed the drawings and cannot find where this occurs. Sheet A8.03 °Finish Neither Schedule" nor Sheet Al2.01 "Floor Pattern Plan" indicate any rooms receiving epoxy flooring. Please confirm if this specification applies to this protect or should Specification Section 09730 be deleted. A22. Specification Section 09730 is deleted from the contract document in its entirety. Q23. Table of Contents lists Specification Section 09212 "Sprayed Cellulose Acoustical Insulation°. We reviewed the drawings and cannot find where the sprayed cellulose acoustical insulation occurs. Please confirm if this specification applies to this project or should Specification Section 09212 be deleted. A23. Specification Section 09212 Is deleted from the contract document in its entirety. Q24. Please confirm that the Dolvisocvanurate insulation board is being installed adhesively to the masonry wall while the metal furring is being installed on top of the insulation board. A24. All metal furring are to be installed to the masonry wall with their depth dimension adjusted to the full thickness of the required polyisocyanurate insulation board thickness. The polyisocyanurate insulation board (not to exceed 1 '/:" thick) is to be adhesively Installed to the masonry wall between each vertical furring at all exterior walls. Q25. Table of Contents lists Specification Section 03521 "Lightweight Insulating Concrete", this Addendum No.1 Hadley Park Youth Center ITB No.: 12-13-028 Page 5 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT ISA SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. specification has not been incorporated in the specification manual. Please delete reference to this specification and revise Table of Contents, A25. Specification Section 03521- Lightweight Insulating Concrete, is deleted from the contract document In Its entirety. Q26. Table of Contents lists Specification Section 03522 "Cellular insulating Concrete Roof Deck° and under Division 7 list Specification 07530 "Light Weight Insulating Concrete". Please provide which specification will govern and revise Table of Content accordingly. A26. Specification Section 03522 "Cellular insulating Concrete Roof Deck shall govern. See A25 above. Q27. Sheet A4.04 General Roofing Notes 1 states a minimum lightweight insulating concrete thickness of 3° shall be provided above the styrene board. Ni detail on the drawings indicates 3.5°, should roofing note on be revised to reflect 3.5" in lieu of 3"? A27. The correct dimension is 3.5". Sheet A4.04 General Roofing Notes 1 shall be revised. Q28. Sheet A4.04 General Roofing Notes 2 states "a minimum R-20 insulation value shall be provided, unless otherwise noted on the plans". Details on Sheets A4.04 & A4.05 state °Total Assembly R Value = 40". Please confirm that the minimum lightweight insulatina value required is 20 and other 20 making uo the total R Value Assembly of 40 is made up with the roofing, structural components and air films. A28. We confirm the minimum lightweight concrete insulating value required is R-20 Q29. Table of Contents lists Specification Section 03410 "Precast Structural Concrete" and also lists Specification 03413 "Precast Concrete Joists". Please provide which specification will govern and revise Table of Content according y. A29. Specification Section 03410 Precast Structural Concrete is deleted from the contract document in its entirety. Specification 03413 Precast Pre -stressed Concrete Joists and Beam shall govern. Q30. Table of Contents lists Specification Section 03300 "Architectural Concrete°. We have reviewed the drawing and cannot find any notations or reference where the exposed architectural concrete (cast in place) occurs. Please confirm if this specification applies to this proiect or should Specification Section 03300 be deleted. A30. Specification Section 03300 applies at all pre -cast concrete scupper, concrete overflow scuppers, and at the Plaza slab pour with matching scoring pattern and salt -rock finish. Q31. Table of Contents under Division 5 lists Specification Section 05310 "Steel Decking". We have reviewed the drawing and the only structural steel deck indicated is at the.gymnasium, roof:which is specified under Specifications 05300 and 05330. Please confirm if this specification applies to this Addendum No.1 Hadley Park Youth Center ITS No.: 12-13-028 B-35883A Page 6 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. proiect or should Specification Section 05310 be deleted. A31. Specification Section 05310 Steel Decking is deleted from the contract document in its entirety. Q32. Specification Section 07210 "Building Insulation" Part 2 "Products" specifies various types of insulations. Please confirm that the rigid polyisocvanurate insulation board with aluminum facing on both sides as indicated on partition types on sheet A10.01 corresponds to paragraph (E) of the specifications "Foil Faced Low Density Polyethylene Foam Insulation". A32. Confirmed. Q33. Table of Contents lists Specification Section 07214 "Foamed In Place Masonry Wall Insulation". We have reviewed the drawing and cannot find any notations or reference where this occurs. Please confirm if this specification applies on this project or should Specification Section 07214 be deleted. A33. Specification Section 07214 Foamed -In Place Masonry Wall Insulation does apply on this project. Provide foamed4n place masonry wall insulation at all exterior masonry wall with un-grouted cavity cells (applies at all exterior masonry Wall Types). Insulation to be Installed from the interior face of masonry walls, starting at a height of 48" above finished floor and repeating every 10 feet in vertical height of wall until all masonry wall cavities are insulation filled. Follow manufacturer's guidelines. Q34. Sheet A1.02 indicates a new concrete bench at the new circular plaza. The drawings do not provide any information or details of the bench. Is the bench pre -cast or poured on site, if pre -cast no specifications or manufacturers have been provided. If poured on site, the length, geometric configuration, structural requirements have not been provided. Please provide all required information on the concrete bench. A34. Omit reference to "New Conc. Bench" as shown on Sheet A1.02. 035. Sheet A8.03 Room Finish Schedule indicates floor finish at Vestibule 106 as VCT. Sheet A9.02 indicate Vestibule 106 with 2x2 CT while Sheet Al2.01 floor pattern plan does not indicate any floor finish. Please revise Room Finish Schedule and Floor Pattern Plan to reflect 2x2 CT. A35.. Vestibule 103 is a bathroom vestibule shown with a recessed slab. Floor finish in Vestibule 103 is to be 2x2 Mosaic Tile finish. Sheet A8.03 Room Finish Schedule -all flooring reference to 2x2 Ceramic Tile shall be revised to provide 2x2 Mosaic Tile instead. Sheet A8.03 Room Finish Schedule shall be revised and reissued. Q36. Sheet A8.03 Door Schedule indicates Mechanical Room door 129 as a single full louvered door. Sheet A2.01 Ground Floor Plan indicates door 129 as a double door. Please revise Door Schedule to reflect door 129 as a double full louvered door. A36. Sheet A8.03 Mechanical Room door 129 is revised to be a double door, (2) 3'-0". Door Addendum No. 9 Hadley Park Youth Center ITB No.: 12-13-028 B-35883A Page 7 Addendum No. 1 May 10, 2013 Invitation. To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. schedule will be revised. Q37. Sheet A2.01 Ground Floor Plan indicate Partition type,N1 separating the Gymnasium from The Women's and Men's Restrooms 106C & 109C. Please change the partition tvoe to reflect the actual condition. A37. Sheet A2.01 Ground Floor Plan shall be revised to indicate Partition type J1 and not (N1) as the correct partition type separating the Gymnasium from The Women's and Men's Restrooms 106C & 109C. Q38. Sheet A2.01 Ground Floor Plan general note # 10 states" provide recess, pre -molded corner guards as indicated at all interior exposed corners ....concrete". See detail on DWG. A10.2. This detail is not indicated on sheet A10.2 or on any other sheet. Please provide detail & specifications of the recessed ore -molded comer guard. A38. Sheet A2.01 Ground Floor Plan General Note # 10 applies to ail interior 'outside' wall corners and exposed "butt -end" wall conditions. Requested interior corner guard details have been added to Sheet A10.02 as shown and included in this. Addendum. Refer to Spec Section 10285 Corner Guards. Q39. Sheet A2.01 Ground Floor Plan general note # 9 states" provide 48° high stainless steel corner guard at all exterior outside comer conditions along the corridor doorways, etc." Please provide specifications for the stainless steel comer guards. A39. Specification Section 10260 "Stainless Steel Corner Guards" has been added and included in this Addendum. Q40. Table of Contents lists Specification Section 08413 "Glazed Aluminum Curtain Wall —Impact°. We have reviewed the drawing and cannot find any notations or reference where curtain walls are indicated. Sheet A8.05 and details on Sheet A8.11 specify units as aluminum storefront. Please confirm if this specification applies to this proiect or should Specification Section 08413 be deleted. A40. Specification Section 08413 "Glazed Aluminum Curtain Wall —impact", is applicable to all fixed glass opening with an excess in height of 10 ft., or exceeding the capacity of all available storefront systems in the market. See response to Q41 below. Q41. Sheet A8.05 indicates W4, W5 and W8 as storefront units. Please confirm that these units do to the overall height (12'-0") will meet the °N0A° requirements without any additional structural steel reinforcement. if structural steel is required. provide all required structural information. A41. Sheet A8.05 reference glass wall units W4, W5 and W, which are required to be 12 ft in height, have been revised to be fabricated per Specification Section 08413 "Glazed Aluminum Curtain Wall —impact". Sheet A8.05 has been revised and reissued herein with the noted revisions indicated. Final design requirements are the responsibility of the. Delegated Design . Specialty Engineer for the glazing systems. Addendum No.1. Hadley Park Youth Center ITB No.: 12-13.028 B-35883A Page 8 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A Q42. Table of Contents lists Specification Section 07270 °Firestopping and Smoke Barrier" and Specification 07840 "Firestopping and Smoke Sealing". Please provide which specification will povem and revise Table of Content accordingly. A42. Specification Section 07270 "Firestopping and Smoke Barrier" Is deleted from the contract document in its entirety. Q43. Specification Section 05300 "Structural Roof Deck Assembly" Part 1, Part 1, Paragraph 1.03 "Pre - Bid Qualification Submittal" requires manufactures wishing to bid this section submit engineering review performance of their product. In addition, Paragraph 1.11 "Quality Assurance" also requires manufactures wishing to bid this section to submit documentation requesting approval a minimum of 15 calendar days prior to bid date. Paragraph 2.02 lists "Merchant & Evens Inc. as the "SINGLE" approved manufacturer and provides their respective "NON' number. Please confirm that no other manufacturer will be accepted unless approve 15 days prior to the bid and the bidders are notified via addendum of any new approve manufactures. A43. Specification Section 05300, 5330 & 07411- Contractors shall omit any and all references or language in the specifications requiring contractors to; ..." submit documentation requesting approval of a manufacturer wishing to b/d these sections to submit engineering review performance documents a minimum of 15 calendar days prior to bid date." Other manufacturers, meeting the FULL requirements of the specifications and required single - source warranty, will be considered in accordance with Terms & Conditions of the Contract. Note -Bidders should contact Merchant and Evans for list of certified installers. Q44. Specification Section 08452 "Translucent Windborne Resistant Wall Panel System" Part 2, Paragraph 2.1 only lists "ONE" manufacturer "Kalwall Corporation" for this scope of work. Sub Paragraph A states "Other manufacturers can bid this project provided they comply with All the performance requirements of this specification and submit evidence thereof. Do to The importance and significant cost associated with this scope can it be stipulated as it Is in Specification Sections 05300, 5330 & 07411 to have other interested manufactures submit their pre -bid qualifications 15 days prior to bid date in order to be consider as an approved manufacturer. A44. No other manufacture will be considered after May 10th, 2013. Q45. Table of Contents lists Specification Section 07116 "Elastomeric Coating". Specification Section Part 3 "Application" descripts the elastomeric coating being applied directly to the concrete roof slab in a three part application process. We have reviewed the drawing and cannot find any notations or reference where the elastomeric coating is being applied to the concrete roof slabs. The only reference to the application of elastomeric coating is noted on Sheets A7.50 Detail #2 & Sheet A8.12 Detaill behind the °Centric" metal wall panel. Please confirm if this product is what is to be applied behind the "Centria" panels. In addition, confirm if there are any other areas which will require to receive the elastomeric coating. Addendum No. 1 Hadley Park Youth Center 1TB No.: 12-13-028 B-35883A Page 9 Addendum No. 1 May 10, 2013 invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. A45. Specification Section 07116 "Elastomeric Coating" — To be applied directly to all cmu/concrete walls behind all `Centria' metal wall panel installations and over all concrete projected "eyebrows" over doorways. Q46. Table of Contents lists Specification Section 07120 "Fluid Applied Waterproofing". Specification Section Part 3, Paragraph C °Waterproofing" lists numerous areas where this product is to be applied (many which are not applicable). We have reviewed the drawing and cannot find any notations or reference where the fluid applied waterproofing is required. Sheet A8.03 Room Finish Schedule remarks column requires all exposed concrete floors to sealed. The concrete sealer is specified under Specification 03300 "Cast -In -Place -Concrete" and is not considered a waterproofing product. Please provide where the fluid applied waterproofing is required. A46. • Specification Section 07120 "Fluid Applied Waterproofing", is deleted from the contract document in its entirety. Q47. Table of Contents lists Specification Section 07121 "Fluid Applied Waterproof Wall Coating". We have reviewed the drawing and cannot find any notations or reference where the fluid applied waterproofing is required. It would seem that surface area of the "ground face masonry block" would require this type of waterproofing. Please provide where the fluid applied waterproof wall coating is required. A47. Specification Section 07121 "Fluid Applied Waterproofing Wall Coating", is deleted from the contract document in its entirety. Q48. Table of Contents lists Specification Section 07270 "Firestopping and Smoke Barrier and Specification 07840 "Firestopping and Smoke Sealing". Please provide which specification will govern and revise Table of Content accordingly. A48. Specification Section 07270 "Firestopping and Smoke Barrier" and Specification, is deleted from the contract document In its entirety. Q49. Specification Section 07411 "Standing Seam Prefinished Manufactured Roof Panel" Part 2 Paragraph 2.1A lists only "ONE" approved manufacturer "Merchant & Evens Inc.". Paragraph1.04 "Quality Assurance" sub -paragraph C requires approved manufactures to submit a list 15 days before the bid of certified installers qualified to bid their products. Since all approved manufactures are required to submit their certified installers as a pre -requisite of being approved. Please provide the list provide by "Merchant & Evens Inc." of their certified installers. A49. Specification Section 07411 "Standing Seam Prefinished Manufactured Roof Panel" - Contractors shall omit any and ail references or language in the specifications requiring contractors to; ..." submit documentation requesting approval of a manufacturer wishing to bid these sections to submit engineering review performance documents a minimum of 15 calendar days prior to bid date." Other manufacturers, meeting the FULL requirements of the specifications and required single -source warranty, will be considered in accordance with Terms 8: Conditions of the Contract. Note -Bidders should contaaMerchantand Evans for list of certified installers. Addendum No. 1 Hadley Park Youth Center ITB No.: 12-13-028 B-35883A Page 10 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Q50. Specification Section 07411 "Standing Seam Prefinished Manufactured Roof Panel" Part 2 Paragraph 2.1A lists only "ONE "approved manufacturer "Merchant & Evens Inc.". Paragraph.l B states "Other manufacturers seeking approval shall submit to the Architect for approval 15 days prior to bid all items listed in the paragraphs above entitled PERFORMANCE REQUIREMENTS & QUALITY ASSURANCE - Note this list must include the list of installers qualified to bid this project ...." Please confirm that no other manufacturer will be accepted unless approved 15 days prior to bid and the bidders are notified via addendum of any new approved manufactures. A50. Specification Section 07411 "Standing Seam Preflnished Manufactured Roof Panel". - Contractors shall omit any and all references or language in the specifications requiring contractors to; ..." submit documentation requesting approval of a manufacturer wishing to bid these sections to submit engineering review performance documents a minimum of 15 calendar days prior to bid date." Other manufacturers, meeting the FULL requirements of the specifications and required single -source warranty, will be considered in accordance with Terms & Conditions of the Contract. Note -Bidders should contact Merchant and Evans for list of certified Installers. Q51. Table of Contents lists Specification Section 07727 "Roof Assembly Edge Guards". We have reviewed the drawing and cannot find any notations or reference where edge guards are required. Please confirm if this specification applies to this protect or should Specification Section 07727 be deleted. A51. Edge guards are to be provided as a required component of the roof metal decking system perimeter conditions. Q52. Table of Contents lists Specification Section 07950 "Expansion Joint Covers". We have reviewed the drawing and cannot find any notations or reference where expansion ioint covers are required. Please confirm if this specification applies to this oroiect or should Specification Section 07950 be deleted. A52. Table of Contents lists Specification Section 07950 "Expansion Joint Covers", Is deleted from the contract document In its entirety. Q53. Please provide or make the following corrections to the drawings: Sheet A6.02 Section # 2 change material key note from 9 to 6 at Grid Line 1.2-Not required. Sheet A6.03 Section # 1 change material key note from 11 to 6- See revised Sheet A6.03 Sheet A7.02 Section # 1 change material key note from 5 to 6- See revised Sheet A6.03 Sheet A7.02 Section # 1 detail 4/A750 has not been provided -See revised Sheet A7.02 Sheet A7.02 Section # 4 change material key note from 5 to 6-Key note revised. Sheet A7.02 Section # 5 change material -key -note from 5 to 6-Key note revised. Sheet A7.03 Section # 1 insert reference detail at slab on grade- See reference Sheet 6/A7.02 Sheet A7.50 Section # 4 change detail_41A8.09 to 1/A8.09- See revised Sheet A7.50 Sheet A7.50 Section # 4 change detaii.5/A8:09 to 2/A8.09- See revised Sheet A7.50 Sheet A7.51 Section # 3 change detail 4/A8.09 to 1/A8.09- See revised Sheet" A7.51 Addendum No. 1 Hadley Park Youth Center !TB No.: 12-13-028 B-35883A Page 11 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Sheet A7.51 Section # 5 change detail 4/A8.09 to 1/A8.09- See revised Sheet A7.51 Sheet A7.51 Section # 5 detail 5/A8.09 is missing from the drawings- See revised Sheet A7.02 Sheet A8.08 change louver Type 3 designation from 9 to 3- Revised. Sheet A8.11 Detail 10 is missing heading description- Revised Sheet A2.01 change grid line M to L bottom right comer of Sheet- Revised Sheet A3.01 Projection Screen not noted in Computer Room 118- Revised Sheet A8.04 Louver Schedule is missing the information for louvers L4-L8. Revised Detail 6 on Sheet A7.50 identifies the manufacturer as OGI (Ohio Grading Inc.) Model # Visibiock LG-100- See Revised Sheet A8.04 Sheet A8.04 Glazing Schedule is missing Tag # KW16. See Revised Sheet A8.04 SheetA8.05 elevations identifies two Kalwall Panel type KW16.- See Revised Sheet A8.04 Sheet A2.01 Storage Room 115 access ladder note change 3/10.03 to 2/10.03- Revised Sheet A10.03 Section 3 aluminum railing calls to reject 6" dia. object should it read 4"- Not required in mechanical or electrical rooms. Sheet A10.02 note above page # delete reference to °comer guard details" - See revised Sheet A10.02 A53. See responses above. Q54. Sheet A7.51 Detail # 4 specifies "impact resistant curtain wall system". Sheet A2.02 indicates these openings as W6. Sheet A7.51 detail # 4 & Sheet A8.11 detail #10 indicate these openings as storefront assembly.. Sheet 8.05 also indicates W6 as a storefront assembly. Please clarify if the note on detail # 4 should be changed to storefront in lieu of curtain wall system. A54. Sheet A7.51 Detail # 4 Note on shall be revised to storefront. There is no "curtain wall system" on this project Q55. Specification Section 08513 "Single Hung Aluminum Windows", Specification Section 08411 "Aluminum Exterior Storefronts and Fixed Windows with Hurricane Glass" and Specification Section "Aluminum Interior Storefronts with Tempered Glass" all lists "ONE° approved manufacturer "YKK AP America Inc.". Paragraph 1.03 °Submittals" states "Whenever substitute products are to be considered supporting technical data must be submitted ten (10) working days prior to bid date. At today's mandatory pre -bid meeting this item was discussed. Mr. Rizo noted that just because a similar window may have an NOA and meet the required performance criteria this does not mean the product is "Equal" to the product specified. Mr. Rizo further explained that esthetics plays a part in the overall review in considering an "Equal" product. Since esthetics is so subjective and there is no telling what will become an approved equal, we recommend that any other manufacturers besides YKK that are interested in being approved will be require to submit 15 days before bid date their product for approval and_no other manufactures will be accepted unless they are pre -approved. If any other manufactures are :-.:::approved the bidders will notified via an addendum. A55. Other acceptable manufacturer's that have Indicated their ability to meet ail requirements of Addendum No. 1 Hadley Park Youth Center ITB No.: 12-13-028 B-35883A Page 12 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. the project Included Kawneer, Wasau and EFCO Company. Q56. Sheet A8.03 °Room Finish Schedule° indicates VCT for as the wall base for various rooms. Specification Section 09660 "Resilient Tile Flooring" Part 2, Paragraph B.1.a specifies rubber. Please correct finish schedule to indicate rubber. A56. Rubber base is the correct material in ALL locations where base is indicated or required. Sheet A8.03 Room Finish Schedule shall be revised. Q57. Sheets A9.01 Family Restroom Plan and elevations indicate the grab bars with designation B1. Floor Plan indicates two individual grab bars while Sheet A8.04 °Accessory Schedule" describes the grab bar as a "continuous comer grab bar to wall toilet". Please clarify what is required. A57. Sheet A8.04 Plumbing Fixture & Accessory Schedule shall govern for all toilet accessory models and type. Please note, plumbing specification and drawings shall govern for all plumbing fixture model number required on the project. Q58. Sheets A9.02 & A9.03 indicate at the women's & men's restrooms handicap stalls the grab bars with designation B1. Floor Plans indicates two individual grab bars while Sheet A8.04 "Accessory Schedule describes the grab bar as a "continuous comer grab bar two wall toilet". Please clarify what is required. A58. Sheet A8.04 Plumbing Fixture & Accessory Schedule shall govern for all toilet accessory models and type. Please note, plumbing specification shall govern for all plumbing fixture model number required on the project Q59. Sheet A7.51 Section # 5 refer to detail 5/A8.09. Detail on sheet A8.09 is not applicable to what is shown on 5/A8.09. We have reviewed the drawings and are unable to find this detail. Please provide detail connecting the Kalwall System to the steel tube. A69. Sheet A7.51 Section # 5 refer to detail 6/A8.09. The correct detail reference as recommended by the manufacturer is detail #3/A8.09 for a rolled condition (which happens to be identical to detail #5/A8.09). Contractor to Include in his/her bid all necessary accessories, components, structural bracing, clip angles, and stiffeners as may be required for a complete and approved installed system, meeting all requirements of Miami -Dade County, NOA criteria and required engineering calculations for the Kalwall system. Q60. Sheet A9.03 Section 9 Indicates a painted plywood enclosure beneath the Restroom Lavatories. Restroom elevations do not indicate this enclosure. Will it be required? If the plywood is to remain exposed painted, provide the required grade of the plywood or will a plastic laminate veneer be required. A60. Sheet A9.03 Section 9 - Omit note stating; "painted plywood enclosure" beneath restroom lavatories. Insulate pipes as required. by ADA when hot water service Is provided. Q61. Sheet A2.01 Ground Floor Plan, Sheet-A3.01 and Sheet A5.02 Building Elevations all indicate a Addendum No. 1 Hadley Park Youth Center ITB No.:12-13-028 B-35883A Page 13 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. concrete eyebrow above Mechanical Room door mark 129. Sheets A2.02, A4.01 and S-2 do not indicate the concrete eyebrow. Please clarify if a concrete eyebrow will be reauired. If required. revise the drawings accordingly. A61. Sheet S-2 will be revised to show eyebrows at those locations. Eyebrows shall be detailed similar to Detail 4/S10 with a bottom slab elevation of +8'-0" above finished floor. Bottom of L and tube to be at same elevation. Q62. Sheet A7.50 Detail 6 indicates a steel angle at the top and one at the bottom supporting the lower. Detail 6 refers to Sheet S-12 Detail 2. Detail 2 does structurally identify these steel Angles. Please provide the size of the angles, the weld size, if the angles are continuous or are they to be spaced apart one from the other. Provide all required information to be able to price this item. A62. Sheet A7.50 Detail 8 — Provide a continuous L3x3x1/4 steel angle along top, bottom and sides of enclosure frame with continuous 3/16" fillet weld to tube along top and spot welded 24"o.c. along bottom of angle to tube. Q63. Sheet A8.03 Door Schedule does not provide the hardware group for the doors. Specification Section 8710 'Door Hardware' does not identify the door marks at each of the listed hardware group. It is not possible to determine what door gets what hardware. Please specify either the hardware sets on the finish door schedule or lists the door marks under each of the hardware groups in the specifications. A63. All contactors shall Include in their Bid Proposal a Hardware Allowance for the project of $45,000 for all door hardware. Q64. Sheet A8.07 detaill2 "Operable Partition Head Detail° states "recommended sound baffle". Will a sound baffle be required above the operable partitions? If required, we would assume the makeup of the sound baffle header would have an STC rating of 56 equal to that of the operable partition or higher. Please provide if required, the sound baffles header requirements to achieve the desired STC rating. A64. At Operable Partition Head Detail, contractor shall provide a continuous 6" wide Tight gauge metal framed header divider soffit partition to underside of structure above, with 5/8" Type-X drywall on both sides and filled with R-11 Sound -Batt insulation. ' Be aware this soffit "partition" should enclose the folding door support beam and may have multiple penetrations that will be required to be sealed. The STC 56 rating Is not required. Q65. Sheet A9.10 indicates metal storage shelving units in rooms 121, 124 and 130. Please provide specifications listing the acceptable manufactures. • A65. Sheet A9.10 Storage Room 121, Storage Room 124 and Storage Room 130 — Provide metal utility -Shelving In accordance with Specification Section.40650 Utility Shelving. Q66. -Sheet C-2.0 indicates a new concrete curb "D" at the new parking lot (Alternate # 1). Please Addendum No. 1 Hadley Park Youth Center ITB No.: 12-13-028 B-35883A Page 14 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. confirm that curb "D" will not require any reinforcing steel as indicated on curb detail Sheet C-2.1. A66. Sheet C-2.1 Type "D" Curb Detail shall include 1- #5 continuous reinforcing steel bars. Q87. Sheet C-2.0 indicates a new concrete curb "D" at the new drop off (Alternate # 2). Please clarify if the circular curb butting up to the concrete plaza and sidewalks will be constructed per Curb detail on Sheet C-2.1 or per thickened edge detail # 10 on Sheet A1.05. A67. Construct per Curb detail on Sheet C-2.1. See A66 above. Q68. Sheet C-2.0 indicates concrete thickened edge at the new extended parking lot. Please clarify if the thickened edge butting up to the asphalt will be constructed per thickened edge detail on Sheet C- 2.1 or per thickened edge detail # 10 on Sheet A1.05. A68. Thicken edges are to be per Detail # 10 on Sheet A1.05. New concrete Curbs are to be per Detail on Sheet C-2.1. See A66 above. Q69. Sheet C2.0 indicates a six (6") drop in elevation between the concrete curb and the abutting asphalt at the drop off area (Alternate # 2). Sheet A1.04 does not indicate is a drop in elevation while sheet A2.04 indicates a flush condition at the Concrete Plaza with a gradual drop in elevation until a six (6") is achieved. Please clarify which of these conditions is correct? A69. Sheet A2.04 shows the correct condition to be followed for construction by contractor. Other sheets will be revised to mach A2.04. Q70. Sheet C2.0 indicates a six (8") drop in elevation between the concrete sidewalk and the abutting asphalt at the extended parking area (8 parking spaces). Sheet A1.02 does not indicate a drop in elevation. Please clarify which of these conditions is correct? A70. Sheet C2.0 with the 6" drop in elevation between the sidewalk and the asphalt areas is correct and to be followed. Q71. Sheet A1.05 indicates Traffic Signs Details, Directional Arrow Details and Curb Cut Details. Civil drawings have not included an asphalt stripping & signage plan. We have reviewed the drawings and have only found (2) new R5-1 "Do Not Enter Signs", no new other signage appears on the drawings. The directional arrow will be limited to those shown on Sheets A1.02 and A1.03. In addition, no curb cuts or reflectors are indicated on the drawings. Please confirm the extent of the required work is limited only to the items listed above. A71. Directional signage shall be provided as shown on Sheet A1.02 and A1.03. Curb cuts are shown on Sheet C2.0 at handicap zones. Accessibility parking signage Is required at all accessible spaces as indicated on A1.05 and In compliance with code. Q72. Sheet A1.05 detail # 8Concrete Curb Detail" indicates a reinforced concrete curb with an abutting 8" concrete slab. The detail refers to see the structural drawings. We have reviewed structural Addendum No. 1 Hadley Park Youth Center ITB No.: 12-13-028 B-35883A Page 15 Addendum No. 1 May 10, 2013 invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. drawings and have not been able to find where this detail occurs. Please provide location where detail # 8 occurs. A72. Sheet A1.05 Detail #8 is not required and shall be omitted. Q73. Sheet A1.O5 Thickened Edge Detail # 9 indicates a flush condition between the top of the paving surf ace and the concrete slab. Sheet A2.O4 is the only place we have been able to clearly • determine this detail applies (where the concrete plaza slab meets the asphalt). Due to the discrepancies between the drawings we do not know If this condition will remain. Please clarify where this condition will apply. A73. Sheet A1.O5 Detail #9 applies at the accessibility parking entrance point from the asphalt parking to the concrete access curb ramps, Q74. Sheet C-2 (Altercate # 1) indicates a new concrete sidewalk abutting the asphalt having a six (6") inch drop in elevation between the concrete and the asphalt. Sheet A1.O3 & A1.O4 do not indicate a drop in elevation. Please clarify which condition Is correct. A74. Sheet C-2.0 is correct. Q75. Civil drawings have not included a Stormwater Pollution Prevention Plan (SWPPP) indicating the limits and scope of work related to erosion and sediment control. Will any work be required as part of this bid associated with Stormwater Pollution Prevention? If required, please provide a SWPPP indicating all Code required work. A75. All bidders shall include in their Bid proposal the. costs of preparing a SWPPP, as may be required for permits and construction. Q76. Sheet A8.O3 "Room Finish Schedule" list mosaic tile for the floor finish to rooms 114 & 114A. Please provide specifications for the mosaic tile. A76. Sheet A8.O3 "Room Finish Schedule — Room 114 and 114A shall be revised to require 6"x6" Quarry Tile as manufactured by Dal -Tile. Q77. Sheet A8.O3 "Door Notes" 1 through 7 lists certain requirements. Please confirm that these requirements have been incorporated into their perspective specification sections. A77. Compliance with all requirements of both specifications and contract drawings are required by contractor. Drawing notes are complementary and their location are not restricted to the specifications Q78. Sheet A1.O1 "General Site Notes" state "replace all broken and damaged sidewalks, curbs and gutters adjacent to the project site. Please clarify if the repairs will only occur in those areas outlined dashed on Sheet A1.O1 within the boundaries of 1/A1.02, 1/A1.03:and 1/A1.O4 and the cost of the repairs will be included in the base bid or alternates depending where the repairs occur. Addendum No.1 Hadley Park Youth Center ITB No.: 12-13-028 B-35883A Page 16 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. A78. Omit referenced note as stated In Sheet A1.01. Instead, the contractor shall be required at the commencement of the work, to fully document with dated photographs the existing condi8ons of all sidewalks bounding the site property along both NW 12th Avenue and to a distance of 50 ft past the proposed new. Parking Lot additive Alternate No.1 along NW 50"' Street. The contractor shall be responsible for and required, at his or her cost, to "replace all concrete sidewalks which has been shown to be have been damaged or broken, during the period of construction, up to final completions of the contract, above or beyond the existing conditions as documented photographically at beginning of construction. Any damage to the existing sidewalks which is found at end of construction, in areas not properly documented by the contractor at start of construction shall be replaced to original conditions and using similar materials and finish by contractor at no cost to owner. RFI # 2 N&J Construction Q79 Sheet P3.01 identifies the plumbing fixtures by a certain designation. The designations which correspond to the fixtures do not match the designations on Sheet A8.04 "Plumbing Fixture Schedule". Please correct so that both designations coincide. A79. Sheet A8.04 has been revised with all plumbing fixture references. Fixture models will to be provided as indicated on revised Sheet P3.01 Q80 Sheet P3.02 Deck 'S' indicates a 4" roof drain. Sheet P5.02 "Storm Drain Isometric" Indicates (2) 4' roof drains. Sheet A4.01 "Lower Roof Plan" indicates sloped roofs discharging into a system of working scuppers and downspouts. Please correct sheets P3.02 & P5.02 to reflect what is indicated on sheet A4.01. Q80. Sheet P3.02 and,P5.02 will be revised. Q82. Sheet A8.04 Fixture "O" should read "double electric water cooler" and not "double drinking fountain". A81. Double electric water cooler Is required. Q82. Sheet A4.01 "Lower Roof Plan" does not indicate the locations of roof caps for exhaust fans EF-5, EF-8 and location of exhaust fan EF-9, all which will require to be flashed. Please indicate the locations of these items on Sheet A4.0 and clarify if traffic pads will be required to be extended from EF-1 to EF-9. A82. Sheet A4.01 revised to show approx. location of EF1 to EF-9. Traffic pads are required to all roof mounted equipment. Q83. Sheet A4.02 "Upper Roof Plan" does not indicate the locations of exhaust fan EF-10, 'which will require to be flashed. Please indicate the bcation of exhaust fan EF-10 on Sheet A4.02. A83. Sheet A4.02 revised to show approx. location of EF10. Addendum No.1 Hadley Park Youth Center ITB No.: 12-13-028 B-35883A Page 17 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. RFI#3 Q84. Sheet SD1.02 indicates the removal of existing electrical Tight poles with designation # 2 while Sheet ED1.00 indicates these poles at different locations. Please coordinate both sheets so they indicate the same scope. In the event of a discrepancy should ED1.00 aovem? A84. Both sheets refer to the same existing poles. Q85. Sheet SD 1.02 indicates to removal and relocate existing Trees/Palms with designation # 1. Some of the trees/palms will be removed while others will be relocated. Please revise designation # 1 on Sheet SD 1.01 to read "remove or relocate existing trees/palms". In addition Sheet L-1 indicates tree/palms 229, 382 and 384 as existing while Sheet SD1.02 indicates them to be removed. Please coordinate both sheets so they indicate the same scope. In the event of a discrepancy should Sheet L-1.0 govern? A85. Regarding the disposition of existing trees and palms, sheet L1.0 is to govern. *Q87. Table of Contents lists Specification Section 02280 'Chain Link Fences and Gates". We reviewed the drawings and cannot find where the chain link fences and gates appear. Please confirm if this specification applies to this project or should Specification Section 02280 be deleted. A87. Specification Section 02280 "Chain Link Fences and Gates", is deleted from the contract document in its entirety. Q88. Sheet P5.01 'Sanitary Isometric" indicates five (5) vent .thru roof penetrations locations which are required to be flashed. Sheet A4.01A "Lower Roof Plan" does not indicate four (4) of the penetrations while Sheet A4.02 "Upper Roof Plan" does not indicate one (1). Please indicate these penetrations on Sheet A4.01A & A4.02. A88. VTR's are not necessarily shown In A -roof plans and should be referenced in MEP documents. Q89. Sheet P7.00 "Downspout Shoe Detail" indicates the RWL as sheet metal or cast iron being anchored to the wall with sheet metal straps. Sheet A4.05 Details # 3 & # 6 and Sheet A4.06Details #1 all indicate the RWL material as schedule 80 PVC. Specifications also Included Section 07630 "PVC Rain Water Leaders (RWL)". Please revise detail on Sheet P7.00 to reflect the correct RWL material and wall attachment. A89. RWL shall be schedule 80 PVC as shown on Sheet A4.05 Q90. Sheet P7.00 indicates a "Cast Iron Roof Drain Detail. This detail is not applicable to this project. Please eliminate detail. A90. Detail shall be deleted. Addendum No. 1 Hadley Park Youth Center ITB No.: 12-13-028 B-35883A Page 18 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center. CIP Project No.: B-35883A Q91-Q92 OMITTED THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Q93. Sheet M3.00 indicates outside louvers (24' x 24") on the exterior walls of Storage Rooms 124 & 127. Sheet A2.01 "Ground Floor Plan" does not indicate these louvers. Please revise Sheet A2.01 to reflect the location of these louvers. A93. Provide 24x24 louvers per Specification Section 10240, mounted 7'-0" above finished floor and 48" away from gym wall. Sheet A2.01 will be revised to reflect louvers. List Of Included New Or Revised Specifications: Note On the revised specifications all deleted language is shown as strikethrough-printand all new language added or revised is shown in bold print.. Table of Contents 04231 - Reinforced Arch Ground Faced Units Masonry 04400 - Reinforced Arch Unit Masonry 10532 - Walkway Covers and Metal Canopies List Of Included Revised Drawings: A1.02 A7.50 A2.01 A7.51 A3.01 A7.52 A4.01 A8.03 A4.02 A8.04 A4.04 A8.05 A5,01 A8.06 A5.05 A8,11 A6.02 A9,07 A6.03 A10.02 A7.02 S-1 A7.03 S-2 A7.05 S-10 Addendum No. 1 Hadley Park Youth Center 1TB No.: 12-13-028 B-35883A Page 19 Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CONTRACT RELATED RFI'S Q94. Please advise if a CD copy of the Bid Package is required in addition to the (2) original hard copies. It was mentioned at the pre -bid that the CD would be required, however, the RFP does not mention this requirement. A94. Yes, in addition to the two originals hard copies, the Bidder will be required to provide a CD at the time the bid Is due. Q95. Please confirm that the CIP Project Number is B-35883A (as noted on the bid forms). A95. Yes, the correct CIP,Project Number is B-35883A. Q96. Front end document item 17 d. states that the Contractor shall hold 2 job fairs. Please provide details of what is or will be required and involved with the job fair so the Contractor can include these costs. A96. The Undsay Hopkins Local Workforce Center cart assist the Contractor with organizing the job fairs at no additional cost to the Contractor. Please contact: Cesar Jaimes, Executive Director Lindsay Hopkins Center South Florida Workforce Center 750 NW 20th Street, Miami, FL 33127 (305) 372-8300 Hours of Operation: M — F 8:00 a.m. to 5:00 p.m. ciaimes@mistmigov.com www.southfloridaworkforce.com THIS ADDENDUM IS AN ESSENTIAL PORTION OF T MADE A PART THEREOF. Jeov Capl ez, emen CT DOCUMENT AND SHALL BE Assistant Director ogram 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: Addendum No.1 Hadley Park Youth Center ITB No.: 12.13-028 B-35883A Page 20 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ea./ ot 1414014 ADDENDUM NO.2 May 15, 2013 INVITATION TO BID NO.: 12-13-028 HADLEY PARK YOUTH CENTER CIP PROJECT NO.: B-35883A TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amendthe above -captioned invitation to Bid and shall become an integral part of the Bids submitted and the Contract to be executed for Hadley Park Youth Center— Invitation to Bid No.: 12-13-028 (the °Project"). Please note the contents herein and affix same to the documents you have on hand. Reauest for Information and Responses RFI # 2 N&J Construction (Questions received under RFI #2 which were not addressed under Addendum #1) Q80. Sheet P3.01 identifies the plumbing fixtures by a certain designation. The following fixtures are not listed on Sheet A8.04 "Plumbing Fixture Schedule". Please provide specifications for the fixtures which have not been specified below: a. There are two types of Mop Sinks listed on Sheet P3.01(MR-1 & MR-2) only one rnop sink has been specified on sheet A8.04. A80.a See Specification Section 15412 "Plumbing Fixtures". b. There are two types of Urinals listed on Sheet P3.01 (UR & UR-1) only one urinal UR-1 (handicap) has been specified on Sheet A8.04. A80.b See Specification Section 15412 "Plumbing Fixtures". c. There are two types of Water Closets listed on Sheet P3.02 (WC & WC-1) only one water. closet WC-1 (handicap) has been specified on Sheet A8.04. A80.c See Specification Section 15412 "Plumbing Fixtures". d. There are two types of Shower Head listed on Sheet P3.01 (SH & SH-1) only one shower head has been specified on Sheet A8.04. A80.d See Plumbing Drawing P0.00, Plumbing Fixture Connection Schedule. e. There are two types of Sinks listed on Sheet P3.01(SK-1 SK-4) neither of these sinks are specified on Sheet A8.04. A80.e See Specification Section 15412 "Plumbing Fixtures". Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 2 May13,2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CIP Project No.: B-35883a f. There is one Sink listed on Sheet P3.01(SK-3) which is part of the Concession Equipment listed on Sheet A8.03 and should be noted as E08. A80.f See drawing P3.01 Revised. Designation added to match Concession Equipment Schedule. g. Sheet P3.01 indicate two designations for floor drains (FD or FD-1). Sheet P0.00 "Plumbing Fixture Connection Schedule" identifies only floor drain FD-1. Pease clarifv the difference between each and specify the model #. A80.g Refer to Specification Section 15410 for specific requirements. h. Sheet P3.00 indicates wall hydrant on the exterior of the building. Please provide specifications rot the wall hydrants. A80.h Refer to Specification Section 15410, "Plumbing Specialties". Q81 Sheet P3.02 Deck 'S' indicates a 4" roof drain. Sheet P5.02 "Storm Drain Isometric" Indicates (2) 4' roof drains. Sheet A4.01 "Lower Roof Plan° indicates sloped roofs discharging into a system of working scuppers 'and downspouts. Please correct sheets P3.02 & P5.02 to reflect what is indicated on sheet A4.01. Q81. Refer to Revised Drawings P3.02 and P5.02. Q82 thru Q87 OMITTED Q88. Sheet P5.01 "Sanitary Isometric" indicates five (5) vent-thru roof penetrations locations which are required to be flashed. Sheet A4.01A "Lower Roof Plan° does not indicate four (4) of the penetrations while Sheet A4.02 "Lipper Roof Plan" does not indicate one (1). Please indicate these penetrations on Sheet A4.01A & A4.02. A88. VTR's are not shown on architectural roof plans. Referenced Plumbing drawings quantities and approximate locations. Q89. OMITTED Q90. Sheet P7.00 indicates a "Cast Iron Roof Drain Detail. This detail is not applicable to this project. Please eliminate detail. A90. Detail shall be deleted. See Addendum 1. Q91. Sheet P0.0D "Plumbing General Note" # 31 addresses gas piping system within the building. We have not been able to locate any gas piping. Please confirm If this note is applicable to his project. A91. Gas piping note has been deleted. Q92. Sheet P7.00 provided an °In Line Circulating Pump Detail°. We have not been able to locate where this occurs. Please provide were this detail is applicable. A92. The Recirculating Pump is located inside the Mechanical Room 129. Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 2 May 13, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CIP Project No.: B-35883a Q93. Sheet M3.00 indicates outside louvers (24' x 24") on the exterior walls of Storage Rooms 124 & 127. Sheet A2.01 "Ground Floor Pian°,does not indicate these louvers. Please revise Sheet A2.01 to reflect the location of these louvers. A93. See revised drawing Sheet A2.01. Q94. Sheet M3.01 indicates a Relief Vent (RF-1) mounted on the roof above Mechanical Room 201. which will be required to be flashed. Sheet A4.02 "Upper Roof Plan° does not indicate the relief fan. Please indicate Relief Fan # 1 on Sheet A4.02. A94. See revised drawing Sheet 4.02. RFI # 4 N&J Construction Q95. Specification Section 02200 "Earthwork" Part 1, Paragraph 1.06 Site Conditions, Sub -Paragraph B states "Subsurface data, including soil borings, ground water elevations, or conditions, if shown on the drawings or attached to theses specifications... ". We have reviewed the drawings and project manual and have not been able to find subsurface date mentioned above. Please provide a geotechnical report including soil borings so the bidders may have an idea of what soil conditions and water table exist. A95. Copy of the project's site Geotechnical Engineering Report, -as prepared by Professional Services Industries, Inc., dated April 21, 2010, with 26 pages total, is provided herein for Bidders' reference and information in preparing their Bids. Q96. Specification Section 02200 "Earthwork" Part 3, Paragraph 3.05 Stripping, Sub -Paragraph C states °For building area, remove muck or organic materials above the (imestorie layer." Paragraph 3.06 Excavation, Sub -Paragraphs C state "dewater as specified° while subparagraph F states 'remove "unsatisfactory materials encountered from the building areas." We have reviewed the drawings and - project manual and have not been able to find subsurface date mentioned above. Please provide a geotechnical report providing all the earthwork reauirements and indicating the water table elevation so that the bidders are able to determine the cost associated with this work. Absent of this information we will consider the cost of this work as an unforeseen condition. A96. Copy of the project's site Geotechnical Report dated April 10, 2010 Is provided herein for Bidders' reference and information in preparing their Bids. Q97. Specification Section 02221 "Excavating, Backfilling, and Compaction for Utilities° Part 3, Paragraph 3.03 Excavation of Unclassified Material", Sub -Paragraph A.1 states "No adjustments will be made in the Contract Price because ,of the presence of rock, concrete, masonry, or other similar materials." The cost of excavating unclassified materials cannot be determined unless the bidders are made aware if there exists and to what extent of unclassified materials required to be removed. Even if provide with a geotechnical report the presence of unclassified materials is Unknown since soil borings only provide indication to the location taken. Absent of the owner providing the extent of how much unclassified material into be removed the cost of this work will be considered as an unforeseen condition. Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 3 Addendum No. 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. May 13, 2013 invitation To Bid No.: 12-13-028 Hadley. Park Youth Center, C1P Project No.: B-35883a A97. Copy of the project's site Geotechnical Report dated April 10, 2010 Is provided herein for Bidders' reference and information in preparing their Bids. Q98. Specification Section 02731 "Sanitary Sewer System" Part 2, Paragraph 2.01 lists various acceptable pipe materials. Sheet C3.0 specifies the sanitary sewer pipe materials including "DIP" not listed in Specification Section 02731. Please confirm the pine material indicated on Sheet C3.0 is what is required. A98. Bidders shall provide sanitary pipe materials as indicated on Civil drawings, whichshall govern and indications are as approved by WASA and DERM. Q99. Specification Section 02735 °Waste Water Drainage System" Part 2, Paragraph 2.01 lists various acceptable pipe materials. The Civil Drawings do not specify the pipe material. Please clarify if the material for the waste water drainage piping is Corrugated Aluminum Pioe (CAP) or Polyvinylchloride (PVC) SDR 35. A99. Either material is deemed acceptable when used in accordance with code, the contract documents and its intended purpose. Q100. Specification Section 04200 "Grey Unit Masonry" Part 2, Paragraph 2.9 lists various types of insulations. The Architectural Drawings and Partition Types on Sheet A10.01 indicate rigid "aluminum faced Insulation board". Please confirm that which type of insulation will be required. A100. The rigid "aluminum faced insulation board" is required on the interior face of the CMU. However, in addition to the rigid insulation, all open cavity cells of CMU wails also require to be filled with 07214 Foamed in Place Masonry Wall insulation, Q101. • Specifications include Section 04231 "Reinforced Architectural Ground Faced Unit Masonry" and Section 04440 "Reinforced Architectural Unit Masonry" Please provide which of these two specifications will govern. A101. Both specifications are provided by Trenwyth CMU manufacturer and are intended to work in unison. Q102. Specification Section 04231 "Reinforced Architectural Ground Faced Unit Masonry" Part 1, Paragraph 1.2 Quality Assurance Subparagraph E Certifications states "All ground face masonry units produced by Trenwyth manufacturer or equal." Please confirm the other manufactures listed on Sub -Paragraph 2.2 are considered equal to Trenwyth. A102. The listed companies in the specification Section 04231 are all authorized manufacturer's of the Trenwyth CMU as specified. Based on our recent experience, there are no local acceptable manufacturers of equal quality to the Trenwyth CMU. Q103. Specification Section 04400 "Reinforced Architectural Unit Masonry" Part 2 Products, Sub - Paragraph 2.01 lists two types of masonry units. Sheet A7.04 masonry note: polished and split face identifies Which courses are to be.split faced and which are to be polished. Please confirm where the units specified in sub -paragraph 2.01 are to be installed. Addendum No. 2 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 Page 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 2 May 13, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CIP Project No.: B-35883a A103. Provide CMU of specified units types and face finish as Indicated on Specification Section 04400 reinforced Architectural Unit Masonry, which shall govern. The architectural elevations and sections clearly show the alternating of each CMU type — with four (4) alternating courses of each type of CMU — (4-rough faced courses and 4-polished face courses). Q104. To further confirm question # 43 of RFI # 1, Section 05300 °Structural Roof Deck Assembly" Part 1, Paragraph 1.03E states "By addendum, the Architect will advise all bidders of the roof deck systems and roof coverings qualified to bid on the project Bids from unqualified systems and manufacturers will not be accepted". Please confirm that no other manufacturer besides "Merchant & Evans" will be accepted unless prequalified 15 day prior to bid date. A104. At this time no substitutions will be accepted by Owner. Q105. Specification Section 05300 'Structural Roof Deck Assembly", Part 2, Paragraph Assembly Performance Requirements part 'B' provides the roof deck assembly for Zones 20H & 30 H. Structural drawings Sheet S-2 "Uplift Diagram" only identifies Zone 1, 2 and 3. Please clarify if the roof deck assembly will only consist of the "Loadmaster Super Span Acoustical 1-310 Insulated HIR Roof Deck. In addition clarify if the roof deck assembly specified under Part `B' applies to this project A105. Part 2, Paragraph Assembly Performance Requirements, part '13' for roof deck assembly for Zones 20H & 30 H is NOT required for this protect. Q106. Specification Section 05500 "Metal Fabrications" Part 2 Products, Paragraph 2.01A identifies TV brackets with its corresponding accessories. We have reviewed the drawing and cannot find any notations or reference where TV brackets are required. Please confirm if this specification applies to this project or should Specification Section 05500 be deleted. A106. TV brackets are NOT required for this project. However, the specification shall remain. Q107. Specification Section 05515 "Fixed Access Ladders/Roof Hatches/Safety Rail" Part 1General, Paragraph 1.05 Substitutions states "Proposal for substitution products shall be accepted only from bidding contractors and not less than (10) working days before bid due date." Please confirm that only those manufacturers listed in Part 2, Paragraph 2.01 will be accepted. A107. Other manufacturer's meeting the requirements of ISO 9001:2008 will be considered. Q108. Specification Section 05590 "Steel Framed Equipment Support" Part 1, Paragraph 1.06 Framed Equipment Supports describes the construction of all structural steel equipment Support. Structural drawings do not provide the design for the structural steel frame supporting condensing unit (CU-1) on the roof area above Storage Room 127. Please confirm that it will be the responsibility of the bidders to include the cost of the engineering design for this stand. A108. It Is the sole responsibility the Bidders to include -in the Bidthe cost of the engineering design, material and installation for all required rooftop equipment stands in accordance with FBC 2010. Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 6 Addendum No. 2 May 13, 2013 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CIP Project No.: B-35883a Q109. Specification Section 07503 "Lightweight Insulating Concrete" Part 1 General, Paragraph 1.03A states "lightweight (LW) concrete roof insulation assembly is intended to achieve an average R- value of at least 20. Sheet A4.04 General Roofing Notes 2 states °a minimum R-20 insulation value shall be provided, unless otherwise noted on the plans". Please clarify if the LWIC R-value should be an average or a minimum value. A109. Under Specification Section 07503 "Lightweight Insulating Concrete" — The indicated R-20 value for the Lightweight (LW) Concrete Roof insulation assembly is Intended to be a MINIMUM value (not an average value). Q110. Specification Section 07525 °SBS Modified Bitumen Mineral Surfaced Roofing°" Part 1 General, Paragraph1.01D states "the insulation offers a thermal protection "R-20" or "U° of 0.05, these values are average insulation protection throughout the roof Sheet A4.04 General Roofing Notes 2 states °a minimum R-20 insulation value shall be provided, unless otherwise noted on the plans". Please clarify if the LWIC R value •should be an average or a minimum value. A110. Under Specification Section 07525 "SBS Modified Bitumen Mineral Surfaced Roofing" - The indicated R-20 value for the assembly is intended to be a MINIMUM value (not an average value). Q111. Specification Section 05510 "Fixed Access Ladders/Roof Hatches/Safety Rail" specifies various products to be incorporated as part of the bid. Please provide clarification to the following: 1. Provide model number for the Bilco Roof Access Ladder. 2. Paragraph 2.03A requires to furnish and install where indicated on plans ladder safety aluminum post. Please clarify that the only ladder to receive a safety post is in Custodial Room 112 as per Section 4 on Sheet A10.03. 3. Paragraph 2.03A requires to furnish and install where indicated on plans hatch rail system. Sheet A4.04 Detail 2 nor Sheet A4.01 "Lower Roof Plan indicates a rail system being required. Please confirm is a hatch rail system will be required. A112. 1. Bilco Model No. NB-HZ 2. ALL roof access hatch/ladders are to receive a safety post. 3. A hatch rail system is required. Q112. Specification Section 05515 "Fixed Access Ladders/Roof Hatch/Safety Rail and Specification Section 07723 "Roof Assembly Hatches" both provide specifications for the roof hatches. Please confirm which of the two specifications will govem. A112. Specification Section shall govern. It specifies a BILCO Hatch Model NB-HZ 30" x 54" Q113. Specification Section 07920 "Sealants and Caulkings" Part 2, Paragraph 2.02A refers to "Sealants for exterior and interior non -traffic joints". We have reviewed the drawing and cannot find any notations or reference where this occurs. Please provide indicate and provide where this sealant is to be applied. A113. Specification Section 07920 "Sealants and Caulkings" is Deleted. New Specification Section 07900 Joint Sealers in added to the specification manual. Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 6 Addendum No. 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. May 13, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CIP Project No.: B-35883a 0114. Specification Section 07920 "Sealants and Caulkings° Part 2, Paragraph 2.05 refers to the application of a concrete sealer for Apparatus Room. Paragraph A3.06 & A3.07 refer to how the specified concrete sealer is to be applied. Please confirm that these parts of the specifications do not apply to this project. In addition if the products specified under paragraph 2.05A.4 and 2.05A.5 are intended to be applied, then please indicate where. A114. See response to A113 above. Q115. Specification Section 08110 "Steel Doors and Frames" Part 1 General, Paragraph 1.04C refers to the "University". Please correct accordingly. A115. Wording is revised. 4116. Specification Section 08331 "Service Counter Overhead Coiling Door" Part 2, Paragraph 2.01A list only one manufacture and makes no reference or "equal". Please clarify if other manufacturers will be accepted. A116. Yes, other manufacturers will be considered under Section 08331. Q117. Specification Section 08800 °Glass and Glazing° Part 2 Paragraph 2.01 B refers to a "Blue/Grey HS tint". Sheet A 8.04 indicates °Blue/Green Tint". Please correct paragraph 2.01 B to read "Blue/Green Tint". A117. Blue/Green Tint is the correct glass color to be used. Q118. Specification Section 09510 "Acoustical Ceilings" pages 2 and 3 are not legible. Please re -issue these pages. • A118. Specification Section 09510 "Acoustical Ceilings", is Included herein for clarity purposes. Q119. Specification Section 09640 "Wood Athletic Flooring" Part 2, Paragraph 2.01 D requires a vented wall base (Rubber). Sheet A8.03 Room Finish Schedule indicates the base as 'wood". Please correct the Finish Room Schedule to reflect "vented rubber cove base". A119. Provide a vented Rubber base as detailed on drawings. Sheet A8.03 Room Finish Schedule will be revised. Q120. Specification Section 09656 "Sports Resilient Athletic Flooring" Part 2, Paragraph 2.01A states "Epoxy Resin Composition Flooring° and lists Mondo America inc., Mondo USA or Equal. Mondo America & Mondo USA is one in the same and as such only "ONE" manufacture has been .specified for this product. At the mandatory pre -bid meeting Mr. Rizo noted that just because a product is similar and meets the required performance criteria specified, it does not mean the product is 'Equal' to the product specified. Mr. Rizo further explained that esthetics plays a part in the overall review of the product in considering -it as an "Equal". Since esthetics is so subjective and there is no telling what will become an approved equal, we recommend either the AOR provide additional manufactures (including floor name) or only consider the Mondo Sports Impact flooring as the only approved and acceptable product. Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 2 May 13, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CiP Project No.: B-35883a A120. Specification Section 09656 "Sports Resilient Athletic Flooring" requires Mondo Sports impact flooring as the accepted manufacturer. Bidders are to include Mondo Sports Impact flooring in their bids. Q121. Specification Section 10200 °Metal Wall Louvers" Part 2, Paragraph 2.01A lists two approved manufacturers. Please confirm the wall louvers specified in this specification pertain only to the three bottom louvers type L1, L2 and L3 while louver types L4, L5, L6, L7 and L8 are specified under Specification Section 10240 "Architectural Screen Louvers" as manufactured by Construction Specialties or Ohio Grating Inc. "Vistabiock LG0100" as indicated on Sheet A7.50 detail # 6 and louver type L9 and L10 are Ruskin LV811 horizontal screen. A121. See revised drawing Sheet A8.06. Also, see revised Specification Section 10200 Metal Wail Louvers and revised Specification Section 10240 Architectural Screen Enclosures Q122. Please clarify what specification section should be used when referring the construction to louver type L9 and L10. In addition please provide other manufacturers and model numbers besides "Ruskin". A122. Architectural Screen Enclosures L9 and L10 are to be provided per revised Specification Section 10240 included in this Addendum #2. Q123. Specification Section 10400 "Identifying Devices" Part 2, Paragraph 2.01A specifies a dedication plaque at the entrance to the building. We have reviewed the drawing and cannot find any notations or reference to a dedication plaque. Please clarify if a dedication plaque is to be provided? If required, provide the inscription the plaque will need to have. A123. Bidders shall include in their Bid a $2,600 allowance for a bronze dedication plaque to be Installed at the entrance to the building. Q124. Specification Section 10650 "Operable Partition Acousti-Seal Encore" Part 2, Paragraph 2.1A lists only one approved manufacturer "Modernfold" and states at the bottom of the page Substitutions - Not allowed. Please clarify if this is the only acceptable manufacture or will other manufactures meeting the specified requirements be accepted. If additional manufactures are acceptable, it will be sole the AOR decision in determining what manufacturers are approved. As previously noted by the AOR esthetics is one of the determining factors of getting a product approved and not by just. meeting the technical requirement will it guarantee a product being approved. Since esthetics is so subjective only the AOR will be able to make that determination. We recommend either the AOR provide additional manufactures (including product name) or only consider the Moderfold (Acousti- Seal 941) as the only approved and acceptable product. A124. Other manufacturer's capable of fully complying with and meeting all criteria contained under Section 10650 "Operable Partition Acousti-Seal Encore", will be considered. RFI #1: F&L Fire and Electrical Systems, Inc. Q125. Sheet E3.00 of the drawings show (6) lights and (1) ropelight located in the columns of the lobby 102 do not specify what kind of lights are on light fixtures scheduled. Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 8 Addendum No. 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. May 13, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CIP Project No.: B-35883a A125. "Ropelight" Is indicated on Drawing E-3.00 as Type "G". (6) Column mounted fixtures are to be specified by Architect. Q126. The drawings do not show the types of lights B, BE, R, RE as specified in the Tight fixtures scheduled. A126. Fixture Type "R" as indicated in Drawing E3.00 are used in the Men's ! Women's Shower. Type "B", "BE" and "RE" are not used at this time. Provide all fixtures shown on plans per .Lighting Fixture Schedule. Q127. Sheet E3.04 of the drawings show a CCTV camera, we need to know if the camera is going to be furnished by the owner or bythe contractor, if provided by the contractor we need to know type and specs. A127. CCTV Camera System is an empty conduit system with pull strings for future use. Q128. Also we need to know if the telephone cable and telephone jacks are going to be famished by the owner or by the contractor. A128. As indicated in Specification Section 13742 Telephone and Data Raceway System, provide complete empty raceway system with pull strings for telephone data communications Including necessary accessories. RFL's Di Pompeo Construction Corporation — Note: Questions previously addressed have been omitted. Q129. Alternate #3: Sheet S-1A calls out for a 5° concrete slab under the playground with reinforcing and thickened edge. Sheet A2.05 calls out for the playground to have 4° of crushed rock base with a concrete curb. Please clarify. A129. Provide the Playground rubberized surface construction area as Indicated on Sheet A2.-5. Omit request found on Sheet S1-A for a 5" concrete slab below the playground rubberized surface. Q130. Spec section 11400 — Food Service calls out details for wall shelving on pages 31 -33. Please provide location for this shelving. A130. Upper Shelving as indicated on spec Section 11400 are not required in this contract. Q131. Spec section 02931 — Tree and Plan Relocation is noted in the specification index, however it cannot be, found in the spec book. Please advise. A131. Refer to Spec Section 02910 Tree Relocation. TOC reference to Spec section 02931 Is deleted. Q132 There are 2 powerlsite lighting poles existingin the proposed location of the future parking lot (alternate #1). Please advise what do with these poles as they are not shown nor indicated on the - plans. Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 9 Addendum No. 2 May 13, 2013 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, C!P Project No.: B-35883a A132 Existing light poles In area referenced under. alternate #1 shall be removed and delivered to an offsite City of Miami storage location as per City of Miami PM's directions. Under Alternate #1 new light poles are to be provided for this new added parking area. List of Included Geotechnical Soils Report: GeoTech-Report-0397-179-Hadley Park 04-21-10 List Of Included New Or Revised Specifications in. Addendum #2: Note — On the revised specifications all deleted language is shown as ctrikethrough print and all new language added or revised is shown in bold print. Table of Contents — (Revised) 07541 - Decor G410 Feltback Adhered Thermoplastic Membrane Roofing — (New / Altemate #4) 07900 - Joint Sealers — (New) 08110 - Steel Doors and Frames — (Revised) 08452 — Translucent Windborne Resistant Wall Panel System — (Revised) 09510 - Acoustical Ceilings — (Revised) 10200 - Metal Wall Louvers — (Revised) 10240 - Architectural Screen Enclosures — (Revised) 15410 — Plumbing Fixtures — (Revised) List of Included Revised Drawings: A1.01 P0.00 S-1. A1.02 P3.00 S-2 A2.01 P3.01 S-3 A4.01 P5.00 S-5 A4.02 P5.01 S-6 A4.04 P5.02 A8.06 CONTRACT RELATED RFI'S 01. What is the estimated budget for the project? Al. The City of Miami does not have budget information for this project at this time. Q2. Would the City be amicable to accept a product of similar characteristics that is a fraction of the cost and locally found? A2. The City will not consider substitutions prior to award of contract. Addendum No. 2 Hadley, Park Youth Center, B-35883A 1TB No. 12-13-028 Page 10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 2 May 13, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CIP Project No.: B-35883a Q3. Do David Bacon wage rates apply to this project?. A3.'No. Q4. Please note the CSBE SOI form provided in the bid documents is different from the SOI form shown in the CSBE section of the Capital Improvements website, it appears to be incomplete. Please clarify if this is the correct CSBE SOI form. Furthermore, please clarify if the CSBE SOI form needs to be signed by both the G.C. and the subcontractor at the time of the bid or if the signatureof the subcontractor can be added at a later date. A4. Please use the SOI form from the CSBE section of the CIP website. Yes, the SOI form must be signed by both the prime and the CSBE subcontractor and submitted with the bid. Q5. Invitation to bid "Notice to Contractors" lists various minimum requirements. Specifically the requirement that the bidding contractors must have constructed and completed three (3) similar projects of similar size, scope, and complexity having at least 20,000 s.f. Adding these specific restrictions to the bidder's qualifications will effectively limit the amount of firms that could potentially bid, this is detrimental to the bidding process and to the Owner, but also opens the possibility of a bid protest on the perception, however unfounded, of unfaimess to the bidders or intent to unfairly limit competition. A5. The minimum requirements will remain as stated In the Invitation to Bid. END OF ADDENDUM NO.2 THIS ADDENDUM IS AN ESSENTIAL PORTION 0' THE %NTR CT DOCUMENT AND SHALL BE MADE A PART THEREOF. 1 z, P.E., Assistant Director nts 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: DATE: SIGNATURE: Addendum No. 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 11 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City nf4Tht ADDENDUM NO. 3 May 24, 2013 INVITATION TO BID NO.: 12-13-028 HADLEY PARK YOUTH CENTER CIP PROJECT NO.: B-35883A 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 Hadley Park Youth Center — Invitation to Bid No.: 12-13-028 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. Request for Information and Responses RFI # 5 N&J Construction — Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. Q133. Please disregard question # 25 of RFI # 1. Instead please clarify the following which of the following specifications will govern the lightweight insulating concrete scope. •Specification Section 03521 "Lightweight Insulating Concrete" •Specification Section 03522 "Cellular Insulating Concrete Roof Deck" •Specification Section 07530 "Lightweight Insulating Concrete" A133. See prior clarification issued under Addendum #1 and #2. Q134. Please disregard question # 48 of RFI #1. This Question was previously asked. A133. See Addendum #1 Q135. Specification Section 06400 "Architectural Woodwork and Solid Surface Tops" Part 2, Paragraph 2.03E requires the Contractor to provide shop drawings prepared by a Florida Registered Engineer with calculation showing all mounting members, connections andwall attachments. Please confirm that this requirement pertains to the channel framing underneath the restroom vanity solid surface tops per Sheet A9.03 Section # 9. In addition. provide the loads which the channel supports will have to be designed for to be able to size the required channel supports. A137. All loads shall be calculated as required by The 2010 Florida Building Code. Q136. Specification Section 02810 "Irrigation System" Part 2, Paragraphs 2.011 "Pumps", 2.01S "Wells" lists these items under the product materials section. We have reviewed the drawing and cannot find any notations or reference to these two items. Please clarify if they are`reauired / applicable to this project.=' A137. There are no wells or pump requirements for this project. Water service for Irrigation is Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 1 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. coming from 2 separate onslte 2" city water meters. See Irrigation plans. Q137. Specification Section 02900 "Landscaping" Part 2, Paragraphs 2.01 U "Tree Grates" lists this item under the product materials section. We have reviewed the drawing and cannot find any notations or reference to tree grates being required. Please clarify if they are required / applicable to this proiect. A137. Tree grates are not a requirement of this protect Q138. Specification Section 04231 "Reinforced Architectural Unit Masonry" Part 1, Paragraph 1.3B states °Submit color samples from manufacture's series", "Custom colors are available°. There is a significant cost difference depending what color is selected. Please provide the color or colors that will be required for the reinforced architectural masonry units. A138. Only manufacturer's standard colors will be used. Custom colors are not required. Q139. Specification Section 04231"Reinforced Architectural Unit Mason" Part 3, Paragraphs 3.15 B requires to apply an approved penetrating breathable sealer upon full completion of the installation of the reinforced architectural masonry. Please provide the name of the manufacture and product that will be acceptable. A139. Products as recommended and/or accepted by the manufacturer under their warranty will be acceptable for use. Q140. Specification Section 10700."Exterior Sun Control Devices" Part 2, Paragraph 2.011ists "Construction Specialties" as the "ONLY" approved manufacturer. Is this the only approved manufacturer? if not, please provide other manufactures and their corresponding product name. Since it has already been established that esthetics is as important as the technical requirement in considering an approved product, the bidders have no way of knowing if a different product will be approved even though it meet the specifications. Please provide additional manufactures or clarify that °Construction Specialties" will be the only acceptable manufacturer. A140. Other manufacturer's providing a substantially equivalent product in appearance, performance and meeting all the criteria in the construction specifications will be considered. Q141. Specification Section 07421 "Exterior Metal Wall Panels" Part 2, Paragraph 2.1A lists "Centria" Architectural Systems" as the "ONLY" approved manufacturer and name "Concept Series CS-260- KOLORSHIFT Series Finished" as the approved product. It further states "when properly submitted for consideration to the A/E and subject to the sole determination and approval by the Architect, prior to receipt of bids by owner." Please confirm as required. no other manufacturer will be considered unless their product is approved before the bid date. In addition, the bidders will be notified by addendum of any other approved manufactures other than "Gentile. A141. Other manufacturer's providing a similar iridescent `Kolorshift' type color finish technology while also complying with all the criteria In the construction specifications will be considered. Q142. Specification Section 08330 "Overhead Coiling Door° Part 2, Paragraph 2.01C lists "Cornell" as an approved manufacturerbut does'.not°prdvidean.approved model as provided for Alpine Overhead Doors. Please provide the approved model for the "Cornell" door. A142. Original Specification Section=08330.Overhead Coiling Doors, has been deleted and Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 2 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. replaced In its entirety with a new Section 08330 Overhead Coiling Door — Addendum #3. Delete original version of Section 08330 and replace with new Section 08331. Q143. Specification Section 08331 "Service Counter -Rolling Counter Doors" Part 2, Paragraph 2.01A lists "Alpine Overhead Doors" as the "ONLY" approved manufacturer. Is this the only approved manufacturer? If not, please provide other manufactures and their corresponding product name. Since it has already been established that esthetics is as important as the technical requirement in considering an approved product, the bidders have no way of knowing if a different product will be approved even though it meets the specifications. Please provide additional manufactures or clarify that "Alpine Overhead Doors" will be the oniv acceptable manufacturer. A143. Original Specification Section 08331 Overhead Coiling Counter Fire Doors, has been deleted and replaced in its entirety with a new Section 08331 Overhead Coiling Counter Fire Door— Addendum #3. Delete original version of Section 08331 and replace with new Section 08331. Q144. Specification Section 11484 "Gymnasium Dividers" Part 2, Paragraph 2.1A lists "Draper Inc." as the "ONLY" approved manufacturer. Paragraph 2.1 B refers to Section 01630 for procedures to follow if other manufactures or equivalent products are being considered. Specification Section 01630 has not been incorporated into the Technical Specification and does not exist. Since it has already been established that esthetics is as important as the technical requirement in considering an approved product, the bidders have no way of knowing if a different product will be approved even though it meet the specifications. Please provide additional manufactures or clarify that "Draper, Inc." will be the only acceptable manufacturer. A144. Section 11484 was deleted from the contract under Addendum #1. See Specification Section 11480. Q145. Specification Section 12481 "Entrance Floor Mats" Part 2, Paragraph 2.01A lists °Construction Specialties as the "ONLY" approved manufacturer. Since it has already been established that esthetics is as important as the technical requirement in considering an approved product, the bidders have no way of knowing if a different product will be approved even though it meet the specifications. Please provide additional manufactures or clarify that °Construction Specialties° will be the only acceptable manufacturer. A145. Not correct. See paragraph 2.01. 'Acceptable equivalents will be properly considered. Q146. Specification Section 10810 "Toilet Accessories" Part 2, Paragraphs 2.01 through 2.15 specifies various toilet accessories and their manufacturer. Sheet A8.04 Accessories Schedule identities "Bobrick" as the sole manufacturer. Please clarify if the other manufactures listed in Specification Section 10810 will be acceptable. If acceptable, please provide their corresponding model numbers not indicated for the accessories list in Paragraphs 2.02. 2.03, 2.10, 2.11, 2.12, 2.13, 2.14 and 2.15 A146. All manufacturers listed in Specification Section 10810 will be acceptable. Q147. Specification Section 10810 "Toilet Accessories" Part 2, Paragraphs 2.13 "Seat Cover Dispensers" are not indicated on Sheet A8.04 Accessories Schedule nor in the restroomltoiiet floor plans or -elevations. Will seat cover dispenser be required? If reauired please indicate their locations on the drawings. A147.`='Seat cover dispensers are not required in thls project. Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 3 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Q148. Sheet A8.04 Accessories Schedule lists Fix. No. "S" as a "Shampoo and Condition Combo" indicating a quantity of eight (8). Neither specification Section 10810 nor the restroom/toilet floor plans or elevations indicate this accessory. Will Shampoo and Condition Combo be required? If required please indicate their locations on the drawings. A148. Provide a Bobrick Model #B-4063 Soap Dispenser, and one Bobrick B-6807 Soap Dish — one each at every shower stall location. Or, acceptable equivalent. This satisfies the requirement for accessory Item "S" on the plans. Q149. Sheet A8.04 Accessories Schedule lists Fix. No. "R" as a "Shelf indicating a quantity of two (2). Specification Section 10810 nor the restroom/toilet floor plans or elevations indicate this accessory. The custodial closets indicate a "shelf with mop and broom holder with designation 'V'. Please indicate where Fix. No "R" will be required. A149. Provide a Bobrick Model #B295-24 SS Shelf — one each at entrance to Restroom No's. 107 and 110. Or, acceptable equivalent. This satisfies the requirement for accessory Item "R" on the plans. Q150. Sheet A8.04 Accessories Schedule lists model the for the "Electric Hand Dryer-(E)", "Soap Dispenser-(J) and "Shelf with Mop & Broom Holder-(V)" with different Bobrick model numbers than what is indicated in Specification Section 10810. Please clarify which are the correct model numbers. A150. At every "Electric Hand Dryer-'E" location as Indicated on the plans, provide a Bobrick Electric Hand Dryer Model Number B-760-116V. Omit all other reference Q151. Specification Section 05210 "Steel Joists" have been omitted in the technical specifications for this project. Sheet S-4 High Roof Framing Plan states "Bowstring Joist See Elevation 5/S-4". Specification Section 05120 "Structural Steel Framing" is not applicable to the fabrication of steel joists. As an example, Specification 05120 Paragraph 1.5 "Quality Assurance", Sub -Paragraph B. Fabricator Qualification states 'A qualified fabricator who participates in the AISC Quality Certification Program and is designated as AISC-Certified Plant. All joists manufactures work to Steel Joist Institute (SJI) Standards and not AISC and thus this qualification would eliminate joist manufactures from bidding this scope. Please provide technical specifications 05210 "Steel Joist" for the bowstrina ioists indicated on the gymnasiums high roof or clarify that the ioist manufactures must adhere to the Steel Joist Institute Standards. A161. New spec's have been added, see section 06210'Steel Joists' Q152. Sheet A4.01 "Lower Roof Plan" or the Structural Drawings provide the wind Toad pressures for the lower roof. Please provide the wind pressures for the lower roof areas. Sheet A7.03 and A7.04 specify the building letters to be 7" high lettering with a brushed aluminum finish with Aerial Font. Specification Section 10400 Part 2, Paragraph 2.01 B specifies the letters to be 10" high Cast Aluminum Electrically Backlite with a Satin Aluminum Finish with Helvetica Medium Font. Please clarify the required specification for the building letters of the building. A152. See Detail M/S-7 for. Low Roof Uplift Diagram. Q1.53..'.:Specification Section 07721 "Roof Assembly Supports for Roof Top Equipment" Pari2 Products:.::.;' refer to Equipment Curbs. Sheet M 6.00'"Rooftop Unit Schedule" and "Fan Schedule" specifies this-equipmertt:having their own curbs: -Why is this Specification required in the equipment curbs---:, Addendum No. 3 Hadley Park Youth Center, B-36883A ITB No.: 12-13-028 Page 4 / THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a are already specified in the Mechanical Drawings and Specifications. A153. Comply with specifications as required. Q154. Sheet A4.5 Detail 4 "Equipment Support Detail" note states "STL. Support See Structural DWG". Structural Drawings do not indicate the design for the steel framed equipment support for condensing unit CU-1. Please provide the structural design for the CU-1 stand or clarify if the bidder is to include the cost to engineer the design of the stand per Specification Section 05590 °Steel Framed Eauipment Support". A154. See Framing Plan Detail of CU-1 on sheet S-7 Q155. Sheet T1.07 "Life Safety Plan" detail # 3 °Fire Extinguisher Semi -Recessed Detail" specifies a fire rated semi -recessed cabinet. Please confirm that fire resistant cabinets will not be required on wall or partition which are not indicated as fire rated. A155. Fire resistant cabinets are not required on walls or partitions which are not indicated as fire -rated. Q156. As a follow up to question # 31 of RFI # 4, please be aware that only the specified operable partition manufactures "Modemfold" can provide SOSS hinges, uninterrupted marker board surface and a steel track. This will eliminate the other manufactures making this specification proprietary. Please specify other approved manufactures and their products for the Operable Partitions. A156. Panelfold is art acceptable manufacturer. Concealed hinges are not a requirement for this project. However, uninterrupted marker boards surfaces and steel tracks are a requirements of this project Q157. Sheet T1.07 indicates certain wall or partition as being fire rated (1 HR) but are not indicated hatched as per the life safety legend. For example, Data Room 119 and Storage Room 130 are indicated as one hour fire walls. Please indicate all fire wails as per the life safety legend. A157. Data Room 119 is not required to be fire -rated. At Storage Room 130 west wall Is not required to be fire -rated. However, Electrical Room 126 is required to be 1-hour fire -rated at all three (3) Interior facing walls. Q158. Sheet A7.03 and A7.04 specify the building letters to be 7" high lettering with a brushed aluminum finish with Aerial Font. Specification Section 10400 Part 2, Paragraph 2.01 B specifies the letters to be 10" high Cast Aluminum Electrically Backlite with a Satin Aluminum Finish with Helvetica Medium Font. Please clarify the required specification for the building letters of the building. A158. See revised Specification Section 10400 identifying Devices included with this Addendum #3, which shall govern. RFI # 8 N&J Construction — Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. Q159. "Ground Floor Plan" Concession Room 114 indicates an overhead counter rolling door with designation 114B. Sheet A8.03 "Door Schedule" does not indica to the size of this door. Please provide the size of door 114B. • A159. The size of the clear opening for the overhead counter door 114B is 8'8" wide x 4'0" high. The Remarks column of the Door Schedule refers you to: elevation and plans on-7/9.04. Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 5 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Q160. Addendum # 1, Answer to Question 35 indicates to provide 2"x2" Mosaic Tile in lieu of Ceramic Tile. Please provide the specification for the mosaic tile, tile name and approved manufacturers. A160. Refer to Specification Section 09310. Q161. Addendum # 1, Answer to Question 76 indicates to provide 6"x6" Quarry Tile in lieu of Mosaic Tile. Please provide the specification for the quarry tile since the cost of quern/ tile varies significantly between each type. A161. Provide 6"x6" Quarry Tile based on standard quality as manufactured by Daltile or approved equivalent manufacturer as listed in Specification Section 09310. Q162. Architectural Drawings indicate the exterior metal panels manufactured by "Centria". We have contacted the manufacturer and have requested the closure end trim.for the metal panel. We were informed that there is a variety of closure end trims available having a significant range in prices. Please specify the closure end trim that will be required. A162. The required closure end trims will not be visible based on the required installation conditions of this project. Bidders shall Include the most cost effective closure end trims as recommended by the manufacturer of the metal panels for thls type installation. Q163. Addendum # 1, Answer to Question 51 Is non -responsive. Specification Section 07727 "Roof Assembly Edge Guards" Paragraph 1.01A states °to provide if items of roof top equipment that require service are installed non -compliant to the contract documents and erroneously located within ten (10) ft. of a roof edge....". This specification is only applicable if the contractor's installation is non -compliant to the contract documents. Please review the roof plans and clarify if the contractors adheres to the equipment locations as shown on Sheets A4.01 & A4.02 will this specification still be applicable to this Droiect. If ves. than the eauioment indicated on the drawings is less than the specified requirement. AOR that will need to design the roof edge guard and indicate its location on the roof plan. A163. Disagree. Presently, there Is NO equipment drawn on the roof plan which is Indicated or shown to be closer than 10 ft. to an edge parapet. Should any required rooftop equipment be installed by the contractor, closer than the code allowed 10 ft distance from a roof parapet edge, then the contractor/bidder shall be responsible for the design, fabrications and complete installation of any such required "Roof Edge Guards" resulting from the installation. 0164. Addendum # 1, Answer to Question 53 as it pertains to Sheet A6.02 states "Not required". Please note the correction was made to Sheet A6.02 and the reply should have stated "See revised Sheet A6.02°. A164. Disagree. Q165. Addendum # 1, Answer to Question 54 states 'There is no °curtain wall requirement'. Addendum # 1, Answer to Question 41 contradicts the previous response to question 54. Please revise answer to Question # 54 accordingly. A166. Bidders shall Ignore the:second sentence of the Answer provided to Addendum #1 — Question 54. The glazing types W4, W5-and W8 are required to be. curtain wall types per . . Specification Section 08413 Glazed Aluminum Curtain Wall, due to their overall height. Addendum No. 3 Hadley Park Youth Center, B-36883A ITB No.: 12-13-028 Page 6 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Q166. Addendum # 1, Answer to Question 61 requires adding an eyebrow above Mechanical Room Door 129. While the structural drawings have been revised, the revisions to the roof plans provided with addendum # 1 have not incorporated this change. Please indicate the concrete eyebrows on the architectural roof plans which will reauire an elastomeric coating per the answer to question 45. A166. The roof plan will be updated at a later date. Bidders are instructed to Include the required elastomeric coating to the concrete 'eyebrow' above Mechanical Room Door 129. Q167. Addendum # 1, Answer to Question 71 if is incomplete as it pertains to the traffic signage. Neither civil nor architectural drawings indicate any traffic signage entering or exiting the new parking lot (Alternate # 1) or the new circular drop-off (Alternate # 2) at the existing community center building. Will "Stop", "One -Way", "Do Not Enter" signs be required? If required. please revise the drawings indicating the required sianaae and locations or clarify the type of signage. quantity required and their respective locations. A167. Bidders shall include in their proposal one "Stop" sign, one "One -Way" sign, and one "Do Not Enter" signs. Final locations will be provided at a later date. Q168. Addendum # 1, Answer to Question 82 is incomplete. Location of exhaust fan E-8 is not indicated on revised roof plan sheet A4.01 & A4.02. Traffic pads pattern has also not been indicated on the revised sheets. Please provide location of exhaust fan E-8 and traffic pad pattern on the roof plan drawings. A168. E-8 Is a vent and NOT an exhaust fan. Traffic pads to E-8 are not required. Q169. Addendum # 1, Answer to Question #83 revises Sheet A4.02 to indicate approx. location of EF- 10. Revised Sheet A4.02 does not indicate the location of EF-10 or RV-1 being "clouded". Please make appropriate change. A169. Revised Sheet A4.02, indicates EF 10 between column line 3-4 and columns A-B. 0170. Addendum # 1, Answer to Question 39 states Specification Section 10260 "Stainless Steel Corner Guards" have been added and included in this addendum. We have reviewed addendum # 1 and Specification 10260 has not been Included. Please provide Specification Section 10260. A170. Specification Section 10260- "Stainless Steel Comer Guards" is included in Addendum #3. Q171. The Contract requires the installation of two types of comer guards per Specification Section 10265 "Interior Corner Guards" and Specification Section .10260 "Stainless Steel Corner Guards. Please confirm that the stainless steel corner guards will only be required at Lobby 102 and along corridor 117. The vinyl acrylic corer Guards will be required at all other public areas. A171. Refer to General Note #9 on Sheet A2.01 for locations to provide stainless steel corner guards at all exterior outside corners. Q172. Addendum # 1, Answer to Question 29 clarifies that Specification Section 03413 "Precast Pre- stressed Concrete Joist and Beam" is the intended specification for this project. Please correct Table of Contents to read the same. A172. Table of Contents has been revised to indicate Section 03410 as deleted from the contract. Q1`73. Sheet E3.07 "Overall Roof Plan°.indicates a GFI-WP receptacle adjacent to EF-3. While exhaust fans EF-1, EF-2 do not indicate having a service receptacle. Please -confirm if exhaust fans EF-1 & EF-2 will require a receptacle. Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 7 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. A173. Exhaust fans EF-1 and EF-2 require a weather proof receptacle. 0174. Sheet E3.07 'Overall Roof Plan° indicates a security magnetic contact at the roof hatch above Storage Room 114. The other roof hatch above Custodial Closet 112 does not indicate a security contact. Please confirm if a magnetic security contact will not be required for the other roof hatch. A174. Bidders shall Include In their proposals security magnetic contacts at each (both) roof hatch shown and Indicated to be Installed on the roof. Q175. Sheet E3.07 "Overall Roof Plan" does not indicate the locations of exhaust fans EF-5, EF-6 and EF-9. Will this exhaust fan require any electrical provisions similar to exhaust Fan EF-3? If yes,, please revise Sheet E3.07 to reflect these chances. A175. Fan EF-5 is located above ceiling in Restroom 120 connected to circuit PLB-58. Fan EF-6 is also not on roof level but inside Room 124 as shown on Drawing E3.04 Fan EF-9 on roof plan shall be fed from circuit PLB-59 via 1P, 20A breaker with 12 wires In 3/4" C. Provide Interlock with corresponding motorized damper using same circuit for simultaneous operation. Drawings will be revised accordingly. Q176. Electrical drawings do not provide an "Upper Roof Plan". Sheet A4.02 "Upper Roof Plan" Roof H" above Mechanical Room 201 will have exhaust fan EF-10 and RV-1. The electrical roof plan does not indicate this equipment. Please provide an "Upper Roof Plan" indicating this equipment and any required electrical provisions similar to EF-3. A176. Contractor's shall include and provide EF-10 electrical provisions similar to EF-3. Drawings will be revised at a later date. RFI # 1 - TC&F Builders. Corp. - Note: RFI numbering follows a consecutive order and not necessarily the question number in Bidder's RFI document. RFI questions which have been addressed in prior Addenda have been omitted. Q177. Reference S-2 and S-6. Beams 2B-2 thru 2B8 are, per the beam schedule, 8" x 48" w/ a top of beam elevation of (+)12'-8"; therefore, the beam bottom is at (+)8'-8". As per sect.2 on A7.01, the top of the window opening is at (+)9'-6". Could you confirm the beam bottom and top of opening elevations as there appears to be a conflict between both? A177. Bottom of Beam at +9'-7" - Beam Size is 8"x37" Q178. Reference S-6. The beam schedule calls out 2B-9, 28-17, 2B-18 & 2B-23. We could not find these beams in the framing plans. Could you provide direction as to where these beams are located? A178. See J/2.3 (beams 2B-17, 2B-18 & 2B-23 are not used). 0179. Reference sect. 1/S-8. This section calls out for a lintel at the opening located along col. line G between col. lines 3 & 4. This opening seems to span over 14'. The lintel schedules provided on S- 5 max -out" at a span of 12'-0 _ What -size lintel should we provide for this opening? A179. Add Beam 2B-37 - Beam Size 8"x21". Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 8 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Q180. Reference S-6. Column type "8" is called out as an 8"x 48" column. The block walls on either side are 12"(nominal) thick. Could you confirm tvpe "8" column as an 8" thick column w/ 4" split face block on the face of the column as a veneer? A180. Yes, Confirmed. And if this is so, columns TC-4 and TC-5 are called out as 12" thick. This would not allow the use of split -face block veneer in front of that column on the same "plane" as the rest of the wall. Could you confirm types TC-4 and TC-5 as a 12" thick column? A180. Yes, Confirmed. Q181. Reference S-5. The concrete wall schedule calls out W-1. We could not find this wall in the framing plans. Could you provide direction as to where th is wall W-1 is located? A181. JIK @ 2 and J/K @ 4.5. Q182. Reference A2.01, gen.note #6. As per thls note "THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING COORDINATION AND PROPER INSTALLATION OF ALL UTILITY PROVISIONS FOR ALL EQUIPMENT PROVIDED BY THE OWNER UNDER SEPARATE PURCHASE ORDER. a. How does the biddlna contractor know what "eauipment, appliances and millwork" is being provided by the Owner under separate purchase order? A182. This is only applicable to the Refrigerator/Freezer. Contactor shall provide power and water service to the unit. b. Are these "utility provisions" presently included in the bid documents we are using to submit our bid? A182. Yes. Q183. Reference section 1/S-9. The portion of the wall just above the opening, details the 4" split face block on the face of the beam and spanning the openings (14'-8" / 19'-4")..There is a reference "see deter just above the opening. We could not find this detail. Where do we find the detail referenced in the section? A183. See detail DIS-9 We were under the impression that a "bond beam" could not be done with 4" thick split face block. How will the 4" thick split face block span the openings? A183. Contractor shall provide a continuous 3"x4" shelf angle below bottom cmu course block at lintels anchored to beam. Q184. Reference elevation detail 4 on A7.01. It calls out for 23 courses of either polished or split -face block. The first 2 courses on top of the footing are not called out as either polished or split -face block. Can "standard" 12" thick masonry units be used at the first 2 courses? A184. NO. _Q185. Reference louvers L4 thru L8 on A8.06, detail 6/A7.50 and spec sect 10240. The detail calls for .model OGI-VISIBLOOCK LG0100. Spec sect 10240-2.02A.1 calls for model type "M". Spec sect 10240-2.06 E.1 calls for Myraid Continuous Series. The "search" in the Construction Specialties Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 9 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center • CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. website returned no results for models "M" or "OGI-VISIBLOOCK LGO100". It did return a result for Myriad Continuous. In this website (http://www.c-sgroup.com/grilles/geometriclmyriad_continuous) this louver assembly comes in either 3" or 4-9/16" thick and the blade profile is different from what is shown on detail 6/A7.50. a. Can vou confirm that these louvers (L4 thru L8) are Myriad Continuous? per spec, the louvers are aluminum w/ a Kvnar 500 finish. A185. Refer to Addendum #1 and Addendum #2. b. What finish is required on the 4" steel tube framing supporting them? A185. Paint finish. (Also, see S-5, Note 6 for exposed structural steel). c. Is the louver assembly 3" or 4-9/16" thick? A185. See specifications and • product data sheets. Q186. Reference section 1/S-8 - steel tube (no size provided) at the end of the overhang, etc. We could not find a detail for this overhang condition which seems to call out a steel tube and angle. Would vou provide a detail for this condition? A186. Fascia is to be provided by Merchant & Evans as a component of their system. See Note on S-4. Q187. Reference section 1/S-8 and compare with section 5/A7.51. The 2 sections do not reflect the same position of the steel tube at the end of the overhang and the architectural section does not seem to reflect the fact that there is a stl.tube outrigger called out on the structural plans. Would vou provide a detail clarifying this condition? A187. See revised structural drawings attached. Follow structural outrigger locations and coordinate with required soffit panel manufacturer's standard width dimensions. Q188 Spec section 07411 - "....includes the requirements for.....4. Integral Roof Deck Assembly....see Section 05300 for integral Roof Deck Assembly". The spec sect 05300 provided in the CD is not "Integral Roof D..." but rather "Structural Roof Deck Assembly". ROOF DECK ASSEMBLY is the intended section? A188 Yes, it is. Q189. The project manual includes the following sections; 03521 Lightweight Insulating Concrete, 03522 Cellular Insulating Concrete Roof Deck and 07503 Lightweight Insulation Concrete. We only found lightweight insulating concrete at the flat roofs of the structure. How do we know specifically which one of these specifications to use for the Iiahtweiaht concrete? A189. Section 03521 shall govem. Q190. The project manual includes the following sections; 03410 Precast Structural Concrete that as per 1.2-A.1 is for Precast structural concrete Joist and section 03413 Precast Concrete Joists. How do we know specifically which one of these specifications to use for the precast concrete joists. A190. Section 03413 shall govern. RFI # 2 - TC&F Builders, Corp. - Note: RFI numbering follows a consecutive order and not necessarily the question number in Bidder's RFI document. RFI questions which Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 10 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a Q191. Not used. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. have been addressed in prior Addenda have been omitted. Q192. Reference A8.12. Details 1, 3, 4 and 5 are cuts through the north wall of the building. All of these details call -out the use of metal HAT channels. The wall types on A10.01 call -out for 1-1/2" z- . furring at these locations. Could vou clarify - "hat" channels or "z" furring? A192. Provide "Z" type furring. ' Q193. The survey provided on sheet T1.02 is NOT for the area where the proposed building Is going to be located. We need the existing grades to figure out any earthwork required for the building. Can. vou provide a survey, similar to what is in T1.02: but. for the area of the proposed buildina? A193. Updated Delta Survey, Inc. Sheets 1 and 3 with grade elevations of existing site area are Included herein for use by bidders to determine the extent of required earthwork for project Survey Sheet 2 Is already provided in Bid Set Sheet T1.02. Q194. Reference SD1.02, SD1.03, SD1.04 and L-1, L-2. As per demolition note, items #1 are to be "remove AND relocate existing....coordinate with tree disposition plan & landscape drawings". Do vou mean "remove AND relocate" or do vou mean "remove OR relocate"? NOTE: IT MAKES A DIFFERENCE -THE TREE DISPOSITION SCHEDULE CALLS FOR THE "RELOCATION" OF ONLY 4 TREES. THE REST ARE TO BE REMOVED AND DISPOSED OF - NO RELOCATION. A194. Sheet L-1 and L-2 shall govern for the required Removal & Relocation of trees Bidders to follow accordingly. All other references from pans will be removed. 0195. As per SD1.02, tree #"s 229, 253, 382 and 384 are to be "remove and relocate". As per L-1, the tree disposition schedule, tree 253 has already been removed and stump ground out. Additionally, the tree disposition schedule calls to "retain" the other 3 trees. Would vou clarify disposition of tree #"s 229, 382 and 384? A195. Sheet L-1 and L-2 shall govern for the required Removal & Relocation of trees Bidders to follow accordingly. All other references from pans will be removed. The correct tree dispositions are: Tree 229- Retain In its current location Tree 382- Retain in its current location Tree 384- Retain In Its current location Q196. As per the "tree disposition schedule" on L-1, tree #'s 183 and 184 are to be removed. SD1.02 does not call out for these trees to be "remove and relocate". Do trees 183 and 184 remain as per SD1.02-or are they to be removed as per L-1? A196. Trees 183 and 184 are both In poor condition and are potentially hazardous. Both are to be removed and stumps ground. Q197. As per SD1.03, tree #'s 48, 50 and 69 are to be "remove and relocate". As per L-2, the tree disposition schedule, all 3 of these trees are to remain where they are. Would vou clarify disposition of tree #'s 48. 50 and 69? 4197. The correct tree dispositions are: Trees 48, 50, and 69 are to be retained in their current position and protected 0198. As per SD1;03, tree #'s 57 and 59 are NOT called out to "remove and relocate". Additionally, tree Addendum No. 3 Hadley Park Youth Center, B-36883A 'ITB No.: 12-13-028 Page 11 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 3 ; May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a #'s 401, 402 and 403 are NOT reflected in drawing SD1.03. All 5 of these trees are to be either relocated or removed as per the tree disposition schedule on L-2. Would you clarify disposition of tree #'s 57. 59.401.402 and 403? A198. The correct tree dispositions are: Tree 67- Remove- hazardous In poor condition Tree 59- Relocate as indicated on sheet L-2 Tree 401- Remove Tree 402- Relocate as indicated on sheet L-2 Tree 403- Relocate as indicated on sheet L-2. Q.199. Reference drawing SD1.04. Tree *352 has not been called out as "remove and relocate". As per the tree disposition schedule on L-2, this tree is to be removed. Would you clarify disposition of tree #'s 352? A199. Tree 352 Is to be removed due to poor condition. Q200. Reference drawing SD1.03. Demolition note #14 calls out for the removal of the existing playground equipment and floor material. Are these removals to be disposed of by the General Contractor or are any of the items to be salvaged? A200 Both flooring and playground equipment shall be removed and disposed by the contractor. Q.201. Reference drawing C-2.2 and spec 02511-2.01 B. Note that the drawing calls for an 8" limerock base and the specifications call for a 6" min. limerock base. is the limerock base to be 6" or 8" thick? A201. Provide an 8" thick limerock base. Q202. Reference dwg. A1.02. The island with the 4 "angle" spaces at the DROP-OFF AREA shows a double line aroundtheentire island. Drawing C2.0 does not. It only shows the double line along the east and at the north and south loops of the island. Is the concrete curb at the DROP-OFF AREA island to be installed around the entire island as per A1.02 or partially as shown on C-2.0. A202. Around entire island as per A1.02. Q203. Reference C-2.2. Sections B & D show a concrete curb (item D) at the edge of the sidewalk. Reference A1.05. Section 10 shows a thickened edge and a note that calls out "all concrete sidewalk to have thickened edges....". In both cases, the sidewalk is higher than the adjacent asphalt surface. Would you clarify whether a "curb" or "thick -edge" is to be used at the edge of the sidewalks when the sidewalk is higher than the adiacent asphalt surface? A203. . A thickened edge detail may be provided as per Sheet A1.05. Q204. Reference A1.02. The sidewalk at the DROP-OFF AREA and the PLAZA shows a double line along the perimeter. What does this double line represent - a "score" line? A204. Yes, a score line.. Also, provide perpendicular score line joints at 5 ft intervals of sidewalk. Q205. Reference detail 8/A1.05. It shows a concrete curb adjacent to an 8" slab. Where is this detail applicable in the project? Where is there an 8" slab on oracle in the project? A205..;. See Addendum #1.. Q206. Reference details 10 & 11 on A1.05. Both of these details show a 6 mil vapor barrier under the Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 12 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT ISA SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. exterior sidewalk. The civil drawings do not call -out a vapor barrier. Is a vapor barrier required at the exterior sidewalks or plaza? A206. Yes, provide a vapor barrier at exterior sidewalks and plaza. Q207. Reference A1.02. Just below the shaded NEW DROP-OFF AREA there is a note that calls out "repair existing paving this area as needed". How do we know the extent of the repairs expected by the Owner? Does the area include the entire parking lot at the southeast corner of the property A207. The area in, question Is roughly 26 ft wide by 100 ft. length. RFI # 1- DI Pompeo Construction Corporation — Note: RFI Questions previously addressed have been omitted. Q208. Will the existing pool be closed for a portion or the entire duration of the construction for the Youth Center? A208. No. Q209. If the pool building is not closing, how with the pool patrons enter the pool? Will we be required to provide/build a protective walkway? A209. Contractor is required to maintain open access to the existing pool building outside the contractor's Limits of Construction fencing. Q210. Will the contractor have full use of the parking lot along NW 50th Street to the east of the Community Center? If not, where can the contractor park worker vehicles, office trailers, and have a staging area for construction use? A210. Adequate on -site parking for the contractor's use will be assigned at a later date. RFI # 1- Advanced Fire & Security — Note: RFI Questions previously addressed have been omitted. Q211. Fire Alarm Legend calls for an existing Honeywell FS-90 FACP but the Riser shows a new Siemens FACP. Which should we propose and or can we propose an equal altemate? A211. The Fire Alarm Panel to be new based on Project Manufacturers as listed in Specifications Section 16721, 2.1, "Manufacturers". Q212. Based on engineer design, they are call for a tone fire alarm system. Based on occupancy load in the Multipurpose/Gymnasium over more than 300 persons, a voice evacuation system will be required. How would you like us to bid? Per drawings or per code requirements? A212. The Fire Alarm System shall be a voice evacuation system. Q213. Is there a spec for the CCTV and Intrusion. Manufacturer and either Analog or IP system? A213. The CCTV System Is an empty conduit system with pull strings. Intrusion Detection System shall be provided per Specification Section 13846 and corresponding Riser Diagram. RFI # 9. N&J Construction — Note: RFI numbering follows a -consecutive order from prior Addenda.- RFI questions which have been previously addressed have been omitted. Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page13 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL i CAN BE SEEN AT THE END OF THIS DOCUMENT. r Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center GIP Project No.: B-35883a Q214. Sheet E0.00 "Lighting Fixture Schedule" list fixture type "B" and "BE". We have reviewed the Lighting Plan Sheets E3.00 and E3.02 and cannot find these fixtures reference in the drawings. Please clarify the location of fixtures "B" and "BE". A214. Anthony Gonzalez, PM - Disregard Fixtures B / BE as they are not used in protect Provide all fixtures identified on plans. Q215. Sheet E3.00 'Floor Plan -Lighting" indicates in Lobby 102 surface mounted light fixture at each circular column (total of 6) with no fixture designation. Please identify from the lighting fixture schedule which is the designation type for this fixture. A215. Fixtures to be Excellne #GS108U- X- 054- 6K with up -light lens mounted at 8'0" AFF. Q216. Sheet E3.07 "Overall Roof Plan" indicates two surface mounted light fixtures at each roof top unit enclosure with no fixture designation. Please identify from the lighting fixture schedule which is the esignation type for this fixture. A216. These fixtures are to be wall pacs Type "P1". Q217. Sheet E5.00 "Electrical Power Riser Diagram" indicates panels "EMH" and "EML". Sheet E6.00 "Panel Schedules" does not indicate panels "EMH" and "EML'. Please provide the schedule for these panels. A217. See attached Panel EMH & Panel EML Schedule. Q218. Sheet E5.00 "Electrical Power Riser Diagram" indicates panels "PLA" as a 2- section panel. Sheet E6.00 "Panel Schedules" indicate panels "PLA" as a 1section panel. Please clarify if panel "PLA" should be 1 or 2 section panel. A218. Anthony Gonzalez, PM - Panel PLA to be one 42 pole Section per Schedule on E6.00. Q219. Sheet E6.00 "Panel Schedules" indicate TVSS's in panels "DPA". Sheet E5.00 "Electrical Power Riser Diagram" shows none. Please clarify. A219. All panels including DPA, PHA, FLA, EMH, DPB, PHB, PLB (Section 1) and EML shall be provided with corresponding TVSS device. RFI # 10 N&J Construction - Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. Q220. Electrical Drawings do not provide an electrical floor plan indicating the layout (locations of the electrical panels and transformer) for both electrical rooms location of the size of Electrical Room 111 is approximately 5'x7. Please confirm if the size of this room will be able to accommodate the installation of the electrical panels and transformer and provide the required electrical clearances by code. A220. Electrical Rooms #125 and #111 will accommodate the panel and transformers scheduled fo`be'Installed at each location. Panels DPA, PHA, PLA, XMR TXA, EMH, EML and SMR TEM In Room #125 and DPB, PHB, XMR TXB and PLB In Room #111. ** Revised drawings will be Issued. Q221. Sheet E3.07 "Overall Roof Plan" indicates a security magnetic contact at the roof -hatch above -Storage Room 114. Sheet E 5.01 "Intrusion Detection Riser Diagram" does not indicate the Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 14 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. contacts for the roof hatches. Please revise riser diagram to reflect this change. A221. Intrusion Detection Riser will be corrected. Floor plans and risers, details are meant to complement design. RFI # 11 N&J Construction — Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. 0222. Addendum # 2, RFI #1 provided by "F&L Fire and Electrical Systems, Inc." response to question 125 states "(6) Column mounted light fixtures to be specified by Architect". These fixtures have yet to be specified and therefore the cost of these fixtures will not be able to be include in the bid price. A222. 6 Column mounted fixtures shall be NEW Type "P1" to be included in revised Lighting Fixture Schedule. Fixture to be equal to Exceline #GS108U-054-6K / Uplight Lens, (fixture to be face up in column). Q223. Addendum # 2, RFI #1 provided by "F&L Fire and Electrical Systems, Inc." response to question 126 states "Fixture type "R" as indicated in Drawing E3.00 are used in the Men's / Women's Showers". Please note fixture type 'R° is not indicated in the Men's Shower. A223. 4 Men's and 4 Women's showers downlight fixtures are to be vapor -proof Type "R" fixtures. Additional New Project Requirement l Criteria Item: 1-01 Bidders shall provide ADA code compliant, folding, semi -recessed Baby Changing Stations at all public restrooms (3 each) as shown on toilet room plans, on project Restroorn No's. 107, 110 and 120. Provide model Koala-Kare product no. KB101-00, or equivalent Install at locations as shown on plans. 1-02 Addendum #1- Question No. 54. Bidders shall Ignore the response provided under A54 as provided under Addendum #1. The response to Question No. 41 of Addendum #1 shall govern. 1-03 Specification Section 08452 — Panels are not required to be Thermally -Broken. The correct product data under paragraph, 2.3 Panel Construction is: Non -Thermally Broken Panels Light Transmission 15% SHGC .23 Panel U factor by NFRC .29 Complete insulated panel system NFRC certified .44 1-04 The CCTV system will be an IP system. The bidders are required to provide for the installation of the infrastructure as indicated on the drawings so that the owner may run their cabling and equipment at a later date. Designated locations for future equipment, such as the rack In the telephone/data room #11,9, monitoring locations at office #103, as well as the main lobby security desk location are_indicated on the plans. Installation of equipment and wiring will be provided by owner. _ Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 15 THIS DOCUMENT IS A SUBSTITUTION Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. List of Included New Or Revised Specifications in Addendum #3: Note — On the revised specifications all deleted language is shown asarid alt new language added or revised is shown in bold print. 05210 Steel Joists — Addendum #3 08331 Overhead Coiling Counter Fire Door — Addendum #3 08830 Overhead Coiling Doors — Addendum #3 10260 Stainless Steel Corner Guards — Addendum #3 10350 Flagpoles — Addendum #3 10400 Identifying Devices —Addendum #3 Table of Contents (TOC) — Addendum #3 List of Revised Drawings in Addendum #3: A4.06 Addendum #3 A8.01 — Addendum #3 A8.05 —Addendum #3 S-1 — Addendum #3 S-2 — Addendum #3 S-5 — Addendum #3 S-6 — Addendum #3 S-7 — Addendum #3 S-8 — Addendum #3 S-9 — Addendum #3 S-10 — Addendum #3 S-11 - Addendum #3 Delta Survey, Inc. Sht. ,1 — Addendum #3 Delta Survey, Inc. Sht. 3 — Addendum #3 END OF ADDENDUM NO. 3 Addendum No. 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 16 Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE. MADE A PART THEREOF. Jeovanny Rodriguez, 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: DATE: SIGNATURE: Addendum No. . 3 Hadley Park Youth Center, B-35883A ITB No.:.12-13-028 Page 17 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (ftg afflaitulti ADDENDUM NO.4 May 30, 2013 INVITATION TO BID NO.: 12-13-028 HADLEY PARK YOUTH CENTER CIP PROJECT NO.: B-35883A 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 Hadley Park Youth Center — Invitation to Bid No.: 12-13-028 (the 'Project"). Please note the contents herein and affix same to the documents you have on hand. Addendum Information Items A4-01 From prior Addendum #3, Bidders shall omit pages 18 through 34 which are repeated Addenda pages. See A240 below. A4-02 From prior Addendum #3, Bidders shall omit the last four drawings attached as pages 93 though 96, which are not associated with this project. Request for Information and Responses RFI # 13 N&I Construction — Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. Q224. Sheet E3.00 "Floor Plan -Lighting" there are circuit references to Panel PBH Controller via Relay Panel. Please clarify Panel Designation. A224. There are two lighting control panels designated as LCA and LCB. See added schedule as shown In drawing E0.01. Q225. Specification Section 13810, Paragraph 1.5. A calls for a single manufacturer for the BMS and Lighting Control System. Please clarify if the Mechanical Scope will include the lighting Control Panels and Controllers. A225. Anthony Gonzalez, PM — As per 13810, 1.6, A — "Components of the EMS, temperature control and lighting control. systems shall be supplied by one manufacturer." Mechanical scope shall include necessary lighting control panels and controllers. Q226. The electrical drawings do not Indicate .a scope of work for a Lightning Protection System, however Specification Section 16670 "Lightning Protection System" has been included as part of the technical specification. Will a Lightning Protection System be required? If required; please provide Addendum No. 4 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 4 May 30, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a the Design of the lightning. Protection pystem. A226 . Anthony Gonzalez, PM — Provide a complete lightning protection system per Specifications Section 16670 and in compliance with NFPA- 780. RFI # 14 N&J Construction — Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. Q227. Addendum # 2, Response to Question 112, provides "Bilco" as the specified manufacturer for the roof hatches. We have contacted the manufactures representative and have been informed that "Bilco" cannot provide the specified warranty listed in the specifications. In addition, the "Bilco" roof hatch NOA Is approved up to 140 mph and not 146 mph as specified in Specification Section 07723, Part 2, Paragraph 2.01A. Please provide an approved roof hatch manufacture & model No. which can meet the project specifications. A227. Bilco is an acceptable manufacturer. Q228. Addendum # 1, Response to Question 24, states "polyisocyanurate insulation board (not to exceed 1-1/2"). Sheet A10.1 Partition Types B & S both specify 2" insulation board. Please clarify if the thickness of the insulation board of these partitions will change from 2" to 1-1/2". A228. As previously indicated In Addendum #1 — Response to Question 24, ALL exterior wall polyisocyanurate insulation board shall not exceed 1-1/2" In thickness to match furing channel thickness. Q229. Addendum # 1, Response to Question 30, states "Specification Section 03300 applies at all pre -cast concrete scuppers, concrete overflow scuppers...". Sheet A4.05 the working scupper details indicate the scupper as metal and not pre -cast concrete while the emergency overflow scupper are indicated as pre -cast concrete. Please clarify the only pre -cast concrete on this project specified . under Specification 03300 are the emergency overflow scuppers, the pre -cast concrete splash blocks and the pre -cast concrete window sill at window type W-11 In Weight Room 113 as indicated on Sheet A8.11 Detail # 1. A229. All scupper types on the project shall be pre -cast architectural concrete. Detail will be revised accordingly. Q230. Addendum # 1, Response to Question 65, refers incorrectly to Specification Section 10650 It should have read 10675. A230 Agree. Section 10676 Is the correct referenced section. RFI of 6.24.2013 Di Pompeo Construction Corp. — Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. Q231. Precast window sills are called out on detail 1 of A8.11. Detail 1 is used on windows W4 W5 W8 W9 W10 and W13 these window frames sit on the slab on grade. Are the precast sills to sit on the slab? A231. Precast sills are not required for storefronts or curtain walls sitting on slab on grade conditions. Q232. The existing site has large rock boulders around the perimeter. The existing survey does not show Addendum No. 4 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 2 - - THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Addendum No. 4 May 30, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a these boulders. Some of these boulders appear to be, in the path on new construction. Please identify which ones to be removed or relocated. A232. A/E is not aware of any boulders in the way of new construction. However, bidders are responsible for all costs of moving or relocation any boulders interfering with the work in the contract. Q233. Please confirm that the existing irrigation backfow, controller and sensor on IR-1 will be utilized for the upgraded area of the gym. A233. Confirmed. Q234. Is a new irrigation backfiow required? A234. No. RFI of 5 29.2013 DI Pompeo Construction Corp. - Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. Q231. Regarding the Playground equipment specification 11680, is GameTime the only manufacture that you have approved for this project? Please provide all manufactures that you will accept now. A231. GameTime is the only acceptable manufacture. Q232. Fire extinguisher cabinets to be aluminum per spec or stainless steel per drawings? A232. Aluminum. Q233. Does the Kitchen need a K Class wet chemical fire extinguisher? A233. No. Q234. Do the electronic projection screens have AT 1200 acoustically transparent fabric per spec 11132? This adds a lot more $ to our Bid and is not recommended by the manufactures. A234. Acoustically transparent fabric is not required. See prior Addenda clarifications. Q235. Is a video interface control specified in Section 2.05D of 11132 required? Manufactures rep stated this is not compatible with this projection system. A235. Agree. A video Interface control Is not required for this project. Q236. Please provide a new bid form with the corrected project number and added space so we can write in the new add altemate # 4. A236. Bidder shall modify form as required to show Add Alternate #4. Q237. Bid form required a CD electronic copy of our bid Form to be tuned in with two original hard copies. Can we leave the price blank on our CD and add a note to see paper Bid Form since the CD takes to long to burn and needs to be done in our office and then driven to the City to turn in. We would write the price only on the two original hard copies. If this Is not acceptable please let us know how we can make last second changes to our Bid if we have to burn an electronic CD to tum in with our Bid. A237. The CD must be a full digital copy of the hard bid in all aspects, delivered In the bid package to the City Clerk at the same time. - Addendum No. 4 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 3 Addendum No. 4 May 30, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a rTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Q238. Pipe bollards are called out to be Stainless Steel on plan view and then Galvanized on the detail. Which one do you want? A238. Galvanized. See prior Addenda clarifications. Q239. Regarding Addendum 3 Answer # 167 where do we include the cost for the 3 road signs in Alternate 1 or 2 or split between the two or Base Bid. A239. All bid costs are to be included solely with the item they are specifically associated with. Q240.. Included on our Addendum 3 were two addenda one dated 5/24/13 and d one dated 5/28/13, Both claim to be addendum # 3. Please clarify. A240. There is one official Addendum No. 3 dated May 28 List of included New Or Revised Specifications in Addendum #3: Note. On the revised specifications all deleted language is shown asand all new language added or revised is shown in bold print. N/A. List of Revised DrawInas issued in Addendum #4: The following revised electrical drawings relate to clarifications made under past issued Addenda #1- #3. E0.00 — Addendum #3 E0.01 E1.00 E3.00 E3.04 E3.07 E4.00 E5.00 E5.01 E6.00 E6.01 E7.00. — Addendum #3 — Addendum #3 — Addendum #3 — Addendum #3 — Addendum #3 — Addendum #3 — Addendum #3 — Addendum #3 — Addendum #3 — Addendum #3 — Addendum #3 Addendum No. 4 Hadley Park Youth Center, B-35883A ITB No.: 12.13-028 Page 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ) Addendum No. 4 May 30, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883a END OF ADDENDUM NO. 4 THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Je guez, ., Assistant Director vemen = rogram 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 prod of receipt of this Addendum. NAME OF FIRM: DATE: SIGNATURE: Addendum No. 4 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. II S UOCIJr.ENT itAS,A.COEOREO c)ACKGF.OUN.;'-P.IICROP.1I :IIfJG- 6iNf':M Af1K!' [ ATE71":f),f PAPErr . AC# 6152542 STATE OF FLORIDA DEPARTMENT ..OF 'BUSINESS. AID PROFE8SIONO REGULATION • CONSTRUCTION` INDT1 TRY LYf $ATST• BC4RD SEQ#L12o60500960 DATE BATCH NUMBER LICENSE NBR .- 06/.05/2.012 11819870.6 CFC1427728 ._ The PLUMBING CONTRACTOR Named below I8 CERTIFIED Under the :provisions of Chapter 489.••:.FS,. Expiration date: AUG 31, 2014 • OONZALE`L . JORGE ABC CONSTRUCTION INC 7215 NW 7TR STREET MIAMI FL 33126-2931 RICK-SCOTT GOVERNOR... DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY Th;S eL7c lti)�N'Iri:A f1 cOt _DHw flncnGiiour il riiCRU H+ N ING - L INEMARIC f TE : riER TA n :_:, i AC# .61.523.54 STATE OF FLORIDA DEPARTMENT .OF BUSINESS AND PpRgOFgE�SSIOpNAL. REGULATION , . .SOME INSPECTORS LIcwsING PROGRAM gEC r.12o6osoo77a LICENSE ESE : '.' "^;' EATCH NUMBER 06/05/2'012 118198706 R15307 The ROME INSPECTOR 'Named below IS CERTIFIED Under the provisions of Chapter Expiration date: JUL 31, 2014`"` GONZALEZ JORGE 7215 NW 7TE STREET MIAMI RICK SCOTT GOVERNOR FL 33126-2937- :. DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY P T LE; Mel/ t N:17 1AS_A CO L.bRED A A(.KGfOUt U-t11CI101 li N}Ir Ci; •_LI IL dIK'; P AI! NTEDoiAI'FR' AC# 615.261 STATE QF FLORIDA DEPARTMSlj ROgUBRA RUBTNISSSD EC'e1�I RY �li B RD TIO'sEQ L12060501035 LICENSENNSSS ERR 06/05/2012 11819870E CGCA60037 The GENERAL CONTRACTOR Named below IS CERTIFIED. Under the provisions of Chapter.:469:Fs& Expiration date: AUG 31, 2014. : , " GONZALEZ, JORGE ABC CONSTRUCTION INC 7215 NW 7TH STREET MIAMI PL 33126-2937• RICK SCOTT GOVERNOR DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY MIA r, it I� ir: F�J,^ilr jti 7 I..n S 6.70698-1 ousuiEsU NAMeiLocAftow • RECeIPTf1O. 498020-6 AOC'CONSTRUCTION INC : "STATER CFC1427728 ,7215 NW 7 ST.. 33126 UNIN DADS COUNTY OYRIER ABC CONSTRUCTION INC C 9a0. Typo of Boabau naY 1° 'IVA DING CONTRACTOR uotI3 lsssle pi t t <OLt1 1n10 rqur1 y1� !Vulg. r :YISIIIIO OVARAT IMS Ilxrna 7on • UOtoro MOIS ANY�,p}NN(/pg iF0U1f 00 O nY IAyk T10N 1N lt' A ClmJ{Cgg1 00 nyll. flt .wl0en'9 OLIAWIOA. 'AMPlin 31RQY[0 • fgool•OAULOk' :C0V01Y TAN 011@lI 08/20/2012 • 09010226001 In�h1IJh! fItu1;'it.1,11lfIV),1,-”PIl,1fi4(,111;i11t42 FIRST U.S. PO Il " " PAY: • R NEWAI cEIp No,. 288215=8. •STAYER CS.CA60037 =E MI R"SIOk. • THIS IS'NOT A BILL- DO NOT PAY RENEWAL • WORKER/S • 6 • ' DO ROT FORWARD ABC CONSTRUCTION:INC JORGE GONZALEZ.PRES 7215 NW 7 ST ' ' NEANI FL 33126 :..•. •.•.:,,•.:udu •..: � � r. M„yyalt�:'srditc�t'aCa; THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. • LT:?GT°,, rni • 27527�0, .. . . • oustatiSNANe•!LooAToR • • ABC' CONSTRUCTION INC • •7215'NW"T, ST..'' • • 131`26.. WHEN DADg . COUNTY • ' •• AB.c: comSTR.UCTI! 1'NO • am.Typi�el:eu.uau . " . WORKER/S • 1.- 1i°v ERAL .BUIL1INO 'CONTRACTOR' •%°aarr • ••• DD'NOT FORWARD ABC.CONSTRUCTION iNC JORSE °B.BNZAL•EZ • 72I5 •NW:. T• .ST • WWI-FL"35126• • 111.141. 1J 9 OP p THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on March 29, 2013, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this is the Twenty nineth day of March, 2013 V" !ter Secretary of State Authentication ID: CC8607839834 To authenticate this certiiicate,visit the following site,eoter this ID, and then follow the instructions displayed. https://efiie.sunbii.org/certauthver.html THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. PEEI2ME 1 C�� E T� flaff etibli 1 Y ' sec: a2 .141P: S:3 RNf3:• 40 FOLIO: 3030520020740 MAILING ADDRESS/CONTACT PERSON: ABC CONSTRUCTION INC. 72130 NW 9 ST . MIAMI, FL 331.26- CI7RT NO: 1999093803 PROCESS NO: U1999013449 ZONE: IIJ1 FEE: $ t 443.10 CORP NAME/D/B/A AND ADDRESS: ABC: CfONSTRUCTIOJNN INC. ABC CONSTRUCTION .INC. 7280 NW S ST 33IJa1Nti3f3 USE: WAREHOUSE: OFFICE AND (3T0RAtif USFi SPECIFICS: OFFICE & EJTRLT CONSTRUCTION MAY. CONDITIONS: NO RETAIL. SALES NO OUTSIDE S71W, DRY/OFFICE USE ONLY. L.LGA1. DESCRIPTION: 1KI01 FARMS PB 43-49 DATE CF: CO TNLtLMNCN a 7/22/1999 THIS CERTIFICATE MUST OE PO S 7 E:. D ON PREMISES. (HIS CERTIFICATE OF OCCUPANCY If's V(U.,LD FOR AN UNLIMITED TIME:, UNLESS REVCII<.:D FOR CALIISF, PROVIDED THE USE COMPLIES- WITH AxPPLICAEJI..E CU0 REQUIREMENTS OF MIAMI-DADE COUNTY AND PROVIDED FIRE Tf3 NO CHANGE OF USE, BUSINESS NAME OR OWNERSHIP, AND NO ENLARGEMENT, ALTERATION OR AD13l TION IN THE USE, IUIL.DIN40 OR STRUCTURE. SUCH CHAN0E S REQUIRE A OW CERT1F IC:ATE OF USE AND OCCUPANCY, WITH THE ZONING PERMITS SECTION AT 30Z-271-1242 . PLEASE CONTACT THE MIAMI DACES OCCUPATIONAL. LICENSE C1FFICE FOR THEIR REQUIREMENTS AT SO•-270-4949. 7/22/1999 09:02 TO.IETRO 29907220009 RE3NZFJZNY CENTRAL 14:.10 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. EINEINCUMME B O N PROJECT NAME STATUSPROJECTED CONTRACT . AMOUNT . PROJECTED TO FINISH OWNER START DATE SOUTH CAMPUS SOCCER FIELD PENDING TO START NOV 12 $ 1,259A59.00 AUG13 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 $ 4,275,000.00 FEB-14 MIAMI DADE COUNTY HAMMOCKS PAVILION RENOVATION PENDING TO START FEB13 $ 248,000.00 AUG13 CITY OF PINECREST PAS STARTED AND EMU. IN PROGRESS QZOW PROJECT NAME STATUS • BALANCE TO:FINISH. • CONTRACT • . ' AMOUNT.: ARCHITECT .OWNER' :' COMPLITION . DATE Y CRANDON PARK MARINA ENTRANCE, PARKING, & DOCK •GATES WORK IN PROGRESS 58.00% $ 2,864,999.00 MIAMI DADE PARK/BYRON D0IAIELL AUG•13 r LAN CARGO BLDG 710 PHASE U COOLER EXPANSION MIA WORK IN PROGRESS 2.00% $ 1,600,000.00 LAN CARGO SA JAN-13 Y MIA BLDG 861 HANGAR 7 &BLOC 862 HANGAR 6 UPGRADE WORK IN PROGRESS 1.00% $ 393,845.32 MIKE GOMEZ CONSTRUCTION AUG-12 Y . G.T LOHMEYER W WTP BUILDING PARAPET REPAIR WORK IN PROCESS 25.00% $ 590,025.00 CITY OF FORT LAUDERDALE JUL-12 WORK IN PROGRESS 54.50% $ 2,477,097.50 MIAMI DAQEt��N DEPT/MR AY GU O 12 MIA BACK TERMINAL D.H LSMP LIFE SAFETY PHASE 1 Y COOPER CRY LIFT STATION NO # 1 REHABILETA10N WORK IN PROGRESS 8.86% $ 226,4.90.25 CITY OF COOPER CITY MAR-12 , Y METROMOVERS ESCALATOR COVERS & REPLACEMENT WORK IN PROGRESS 27.70% $ 5,95E1,223.70 MIAMI DADE COUNTY TRANSIT DEC-12 Y ' PAINTING & STUCCO REPAIRS' CHAPEL TRAIL. ELEMENTARY WORK IN PROGRESS 1.50% $ 503,109.00 BOARD rOF BROWARQ THE SCHOOLCOU APR-12 Y GAS PIPE BETWEEN LANDFILL & COGEN BLDG I5SDWWTP WORK IN PROGRESS 2620% $ 2,416,806.57 MIAMI DARE WATER & SEWER/JOAGUIN ROA APR-12 Y : ENGINE #5 WITH THE EAST PUMP ROOM 18.5% $ 1,168,481.75 MIAiVq DARE WATER & SEWER/JOAGUIN ROA MAR-12 WORK IN PROGRESS THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ' N . D .. - .. .......,.. ., .. - PROJECT N.............PRICE.. CONTRACT may.:^ TYPE OF .. :CONST... ■ ■ OF WORK. _. _. OWNER NAME YEAR N MIAJ MECH RM MEZZANINE SAFETY RAILINGS $ 6,500,00 RENOVATIONS MIKE GOMEZ CONSTRUCTION 2012 ' N :- SHENANDDAH BRANCH UBRARY SITE ENHANCEMENTS-LANOCAPE $ 48.200.00 RENOVATIONS MIAMI DADE COUNTY -INTERNAL SERVICES 2012 Y , • - AUDITORIUM SEATING REPAIR & REFURBISHING $ 135,644.82 RENOVATIONS = • + THE SCHOOL BOARD OF BROWARD COUNTY 2012 N MGC-MIA - CONCOURSE F STAINLESS STEEL COLUMNS $ 20.000.00 2012 RENOVATIONS MIKE GOMEZ CONSTRUCTION Y SEWAGE PUMP STATION 410522 CONTROL ROOM & ADDITION $ 1,310,385.00 MIAMI DADE SWATER & SEWER/GARY CLARKE 2012 RENOVATIONS Y : MIA FRONT TERMINAL D•H FIRE SPRINKLER SAFETY UPGRADE $ 3,212,980.00 RENOVATIONS MIAMI DADE AVIATION DEPT/MR RODRIGUEZ 2012 N MGC-MIA UPPER & LOWER DRIVE ACCESS IMPROVEMENT (B) $ S3.678.00 RENOVATIONS 2012 MIKE GOMEZ CONSTRUCTION N MGC-MIA I C L704 MISC REPAIRS BATHROOM DEMO $ 68,626.00 RENOVATIONS MIKE GOMEZ CONSTRUCTION 2012 N MIA in 704 MISC REPAIRS FIRE SPRINKLERS $ 40,35110E1 RENOVATIONS MIKE GOMEZ CONSTRUCTION 2012 N : MIA FIRE SUPPRESSION SYSTEMS FOR APM EQUIP ROOMS $ 29.000.00 NATIONAL FIRE PROTECTION, LLC 2012 RENOVATIONS N NEW MARUNS 6ALLPARK-NAF $ 108,876.00 2012 NEW CONST NATIONAL FIRE PROTECTION, LLC N . MARLINS - SHINDLER ELEVATOR $ 41,860.00 SHOVELER ELEVATOR 2012 NEW CONST Y ALHAMBRA WATER TOWER RESTORATION $ 270,798.00 RENOVATIONS «•" • CRY OF CORAL GABLES 2012 Y $ 464,040.00 RENOVATIONS CJTY OF INDIAN CREEK VILLAGE 2011 • INDIAN CREEK VILLAGE ENTRANCE IMPROVEMENTS Y ' . SHENANDOAH BRANCH UBRARY $ 1,068,183.00 MIAMI DAIS USA/ ALBERTO PERDIGO 2010 RENOVATIONS Y MWOC DISHWASHER'S REPLACEMENT $ 257,000.00 RENOVATIONS 2010 MDC DST OF CORRECTIONS/EUGENIO RAPOSO - N MIA SOUTH TERMINAL PARK 6 BRIDGE DOORS $ 55,000.00 RENOVATIONS 2010 MIKE GOMEZ CONSTRUCTION/ JOHNNY PL7ERSON N - MIA -EMERGENCY REPAIR OF SPAUFD COLUMN DOLPHIN GARAGE # 3 $ 28,315.50 RENOVATIONS 2010 MIKE GOMEZ CONSTRUCTION/ JUAN CONTIBIAS v SECURITY ENHANCEMENT PROJECT 9 OPA-LOCKA $ 1,056,134.44 NEW CONST I • MIAMI DADE AVIATION DEPT/ DARR I. PALMER 2010 Y $ 2,548,294.12 RENOVATIONS = CITY N MIAMI BEACH/CORZo CASTELLA 2008 OPERATION CENTER WATER STORAGE & PUMPING STATION Y STORMWATER PUMP STATION # 6 REHABILITATION $ 871,829.13 NEW CONST • • CITY HOLLYWOOD/HU130 DAVALOS 2009 N PUMPING WASA 41307 $ 34.556.00 MIAMI DADE WATER & SEWER/ STATEWIDE 2009 NEW CONST SUNILAND PARK DUGOUTS AND BACKSTOPS $ 102,590.81 NEW CONST 2009 MAIM OF PINECREST / PETER G WMBARDI N CABLE GUARD REMOVAL/INSTALL NEW PIPE RAIL $ 47,525.55 NEW CONST MIAMI DADE COUNTY / GSA/SPENCER ERRICKSON 2009 N - VILLAGE OF KEY BISCAYNE, FLORIDA COMMUNITY $ 163,038A2 RENOVATIONS VIUAGE OF KEY BISCAYNE 2009 N MIA -BUILDING 716-1 OFFICE RENOV $ 14,560.00 RENOVATIONS 2009 MIKE GOMEZ CONSTRUCTION N MIA -FUEL FACILITY CANOPY $ 420,869.06 RENOVATIONS 2009 MICE GOMEZ CONSTRUCTION N MIA - PARK 6SURFACE PARKING $ 801,726.52 RENOVATIONS MIAMI MIKE GOMEZ CONSTRUCTION 2008 N ' MIA -BUILDING 701 $ 17,000.00 RENOVATIONS MIAMI PADCE GOMEZ CONSTRUCTION2008 Y ' IVES ESTATE $ 4,230,357.50 MIAMI MIAMIDADE PARICS• E ARANGO 2008 NEW CONST Y NEW PROTOTYPE BRANCH U6RARY ® INTERNATIONAL MALL $ 3,107,772.20 NUAMI MIAMI DADE G, • « . ARGUELLES 2O08 NEW CONST Y HAULOVER PARK - FOUR NEW BATHROOMS $ 2,104,085.: • IVIIAMI MIAMIDADE PARKS ., ❑ . 2008 NEW CONST Y • SOUTH TERMINAL $ 428.732.20 NEW IONST tdIAMI 2008 PERIM , . o •, Y TROLLY DEPOT FACILITY PHASE # 1 CRY OF CORAL GABLES $ 259,631.00 RENOVATIONS MIAMI CITY OF ... • • P007 v SERENALAIOSSHOPPING CENTER $ 22.900.000.00 NEWCONST MIAMI 2006 JRC ENTERPRISES. INC. r NEW MAINTENANCE SHED AND SUPPORT FACILITIES $ 841,000.54 ti BIADO 2006 NEW CONST Y METRO ZOO / GIRAFFE FEEDING STATION $ 401.850,09 NEW CONST MEMO _- • MIAMI DADE ., PARICS JAY FOFINI 2006 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. B• 0 N . O PROJECT ., . : NAME • . .. ..•.. ... :.. • CONTRACT • PRICE . _ �...' . � .:... -:• ...... ... TYPE OF . CONST •. •-.... .y .. ... ,�.� u Y�c LOCATION OF WORK . � ...+. .. ...1.�,.. ...Y.--....... „ OWNER NAME .. ". .....:_�� .. .. i •+u, ...... ..�.......... ..... � -..:vim... YEAR .. .... N .: BLACK POINT MARINA $ 82,000.00 RENOVATIONS BL POINT MARINA 2006 SOLARES ELECTRIC Y. MIA BUILDING 708 EXTERIOR REPAIRS & PAINT $ 697,41635 RENOVATIONS MIAMI INTL AIRPORT MIAMI DADA AVIATION DEPT 2006 N FIRE STATION # 04 ( NEW BUILDING) $ 346,322.84 NEW CONST MIAMI BEACH CAR1VON CONSTRUCTION CRY OF MIAMI BCH 2O05 y MIA 776N-2 AA 'CABIN SERVICES RELOCATION $ 416,826.13 _ RENOVATIONS MIAMI MITI. AIRPORT TURNERAUSTIN-AMEAIOAN AIRLINES 2005 Y MIA737G C-0 $ 1,188,135.30 RENOVATIONS MIAMI INT'L AIRPORT AVENTURA • MIA 2005 y MIA 7761.1 & 2 $ 211,123.00 MIAMI INTL AIRPORT TURNER.AUSTIN-AMERICAN AIRLINES 2005 RENOVATIONS N . STAR CONDOMINIUMS $ 219,518.00 RENOVATIONS _ BAY HARBOR ISLAND scorr ROBINS 2005 y HOMESTEAD AIR BASE HOUSING FOR HOMELESS $ 314.293.00 NEW CONST HOMESTEAD GAMMAS HOUSE/ PINACLE HOUSING GROUP 2004 y . EUREKA VILLA/ B1RD LAKES $ 1,209,408.00 MIAMI MIAMI DADE PARKS RAFAEL PUENTE 2004 NEW CONST N INCINERATOR FACILITY / CORAL GARALES _ $ 139,350120 DEMOLDION MIAMI CITY OF CORAL GABLES 2004 Y EUREKA PARK FIELD LIGHTING UPGRADE $ 494,000.00 NEW CONST MIAMI MIAMI DADE PARKS FICHARD CABRERA 2004 Y 776L INS OFFICE RELOCATION $ 62,000A0 RENOVATIONS MIAMI INT1- AIRPORT TURNER+AUSTIN - AMERICAN AIRLINES 2004 - y MIA776A 1 DUTY FREE $ 571,001.87 RENOVATIONS TURNER.AUSTI N-AMERICA AIRLINES 2003 MIAMI INT'L AIRPORT N WES'MEW MIDDLE SCHOOL $ 84,516.00 RENOVATIONS MIAMI MCM CONSTRUCTION 2003 N DADELAND $ 15,850,00 RENOVATIONS MIAMI DPMI 2003 y •. THREE LAKES PARK $ 742.168.41 MIAMI MIAMI DACE PARKS DAVE THOMASON 8003 NEW CONST Y . S. MIAMI HEIGHTS $ 58,000.00 DEMOLITION MIAMI 2002 MIAMI DADE WATER & SEWER Y 741E . $ 914,001.97 OEM OUTION MIAMI INTL, AIRPORT TURNER•AUSTIN-AMERIrAN AIRLINES 2002 y TROPICAL PARK $ 360 768.00 MIAMI MIAMI DALE PARKS RICHARD CABRERA 2002 NEW CONST Y • CRANDON PARK $ 154.570.19 RENOVATIONS MIAMI MIAMI DADE PARKS DEAN GAFFaNEY 2002 y SOLID WASTE $ 243,000.00 MIAMI MIAMI DADE SOLID WASTE MANAGEMENT 2002 RENOVATIONS y MILLERS POND $ 352,424 00 RENOVATIONS MIAMI 2002 MOWS DADE PARKS LESTER GATES y GREYNDLDS PARK _ $ 4.995.00 PAINTING MIAMI MIAMI DARE PARKS DEAN GAFF NEY 2002 N . METRO WEST $ 215,001100 RENOVATIONS MINI GSA MIAMI DADE COUNTY 2001 N PWAC $ 97,000.00 RENOVATIONS MIAMI PWAC 305.573-6010 2001 N HOMESTEAD $ 65,0130,00 SSE WORK MIAMI CRAM/FORD 305-596.460 2001 N .: CORAL GABLES $ 600,000.00 NEW HOME MIAMI JORGE BERNAL 2000 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. MIAMIOM COUNTY Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215NW 7thSt Miami, FL 33126 Dear Mr. Gonzalez: Department of Regulatory and Economic Resources Small Business Development 111 NW 1 Street, l9th Floor Miami, Florida 33128 T 305-375-3111 F 305-375-3160 CERT. NO: 37 Approval Date: 11/2912012 - CSBE Level 2 Expiration Date: 11/30/2014 ANNUAL ANNIVERSARY:11/29/2013 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 firm'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 mortification 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 fin, you must notify this office in wrriting 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 mtamidade.govlbusiness/business-certification-progra ms.asp: Thaipi ybu for doing business with Miami Dade County. s in l heri i6GFIJ, Director usiness Opportunity Support Services mall Business Development Division Dory and Economic Resources Department (RER) CATEGORIES: (Your firm may bid or participate on contracts only under these categories) NEW SINGLE-FAMILY HOUSING CONSTRUCTION (E)CEPT OPERATIVE BUILDERS) (CSBE) NEW MULTIFAMILY HOUSING CONSTRUCTION (E)CEPT OPERATIVE BUILDERS) (CSBE) NEW HOUSING OPERATIVE BUILDERS (CSBE) RESIDENTIAL REMODELERS (CSBE) INDUSTRIAL BUILDING CONSTRUCTION (CSBE) COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION (CSBE) WATER AND SEWER LINE AND RELATED STRUCTURES CO&STRUCTIO (CSBE) POURED CONCRETE FOUNDATION AND STRUCTURE CONTRA ) .. ', k '''• STRUCTURAL STEEL AND PRECAST CONCRETE COMRACTo BE)' srvv PP t c •' �' `�) C.. j .) LJ DBDA0020 V20120706 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Mr. Gonzalez ABC CONSTRUCTION, INC. November 29, 2012 Cart No: 37 CATEGORIES; (Your firm may bid or participate on contracts only under these categories) PLUMB G, HEATING, AND AIR-CONDmONING CONTRACTORS (CSBE) snE PREPARATION CONTRACTORS (CSBE) c; Adrian Coba, Certification Specialist Veronica Bark, RER, SBD ' DBDR0020 v20120706 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. MIAM I-DADE . COUNTY Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215NW7thSt Miami, FL 33126 Dear Mr. Gonzalez: J 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 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 fine 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 flrm's Anniversary Date. Failure to comply withthe 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 t€me 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 fine, you must notify this office in wilting 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 white http://wWW.mlamidade.govfbusiness/business-certification-programs.asp. Thank you for doing business with Miami Dade Casty. Sincerel Sheri c ri ,Director usiness Opportunity Support Services mall Business Development Division R gulatory 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 REPAR (INCLUDES TOILETS, ETC.) (SBE) ROOFING. GUTTERS, AND DOWNSPOUTS MAINTENANCE AND REPAIR (SBE) BUILDINNG CONSTRUCTION, OONIMERCIALAND INSTITUTIONAL E) . FINISHES: FLOORING, WALL AND CEILING ETC(SBE) f MAINTENANCE AND REPAIR, INDUSTRIAL BUILDINGC..J G (SBE) :. �:.,1;., r i f �- �.1 f. ,y`it,1�, ✓ .,� DBDF0020 v20120706 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Mr. Gonzalez ABC CONSTRUCTION, INC. November 29, 2012 Cart No: 10925 CATEGORIES: (Your firm may bid or participate on contracts only under these categories) SPECIAL CONSTRUCTION OBSERVATORY, SECURITY, SPECIAL ROOMS, ETC. (SBE) BULDING MAINTENANCE. INSTALLATION AND REPAIR SERVICES (SBE). BUILDING CONSTRUCTION SERVICES - EQUIPMENT, (SBE) SITE WORK CONSTRUCTION SERVICES (SBE) c: Adrlana Coba, Certification Specialist Veronica Clark, RER, SBD DBDR0020Y20120706 BIZNET Main THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BizNet Profile: ABC CONSTRUCTION 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: lgonza1ezl7a,abc 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: loth 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. War Florida Department of Transportation 2008. _ .https://.wvev3_.dat.state.fl.usiEvalOsportunity0ffice/biznet/profile.asp?RUSTIO_ IL40 - : _ _ 1 /Z.p/201 l . - THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. MIAMI�E� COUNTY Carlos A. Gimenez, Mayor November 29, 2012 Mr. Jorge Gonzalez ABC CONSTRUCTION, INC. 7215NW7thSt Miami, FL 33126 Mnlversaey Date: November 29 Dear Mr. Gonzalez: 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 The Mimi Dade County Small Business Development (SBD) under Business Affairs, a didsI6n of Regulatory and Economic Resources Department (RER), is pleased to notifyyou 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 Anniversary Date listed above, contingent enf malntaining its eligibility annually through this office. You will be notified of � uponual bilities am' firm in advance of the Anrd ersary Date. You must submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date to maintain your eligibility. Yoga firm will be listed in Florida's UCP DBE Direcctaryt whicth can be accessed through the Florida Departmerd of Transportation's vebsite: wom.doLstate.fi.us/equalopporturdlyeffice and then selecting "DBE Directory." If, at any the time, there is a material 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, ley 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. 1 questions or concerns, you may contact our office at 305;375-3111 racer 6 Sheisi'McGriff, Business Support Services, Director Sinop Business Development CATEGORIES: (Your firm may bid or participate on contracts only under these categories) Con nerciei And Institutional Building Construction Industrial Sulking Construction NewHousing Operative Builders New Multif r lyHousing Construction (6rept Operative Builders) NewStngle-FandlyHousing Contraction (6cept Operative Builders) Plumbing. Heating, AndAir-Canmtioning Contractors Poured Concrete Foundation And Structure Contractors Residential Remodellers Site Preparation Contractors Structural Steel And Precast Concrete Contractors Water And Sewer Line And Related Structures Constructlan cc: Veronica Clark, RER, SBD OBORP PBF CONTJ3JO.APPROVAL v.20121024 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. • .• . • .. • • . • •. 'W011%0 cw WHEN VALIDATED Mailing Address: JORGE GONZALEZ PO BOX 558087 MIAMI, FL 33255 TH— IS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 Dm:ABC Business Namee: CONSTRUCTION INC Owner Name: JORGE GONZALsz Business Location: 235A PEMBROKE PINES FL PEMBROKE PINES Business Phone: Rooms Seam Employees 2 Receipt #;I80-7957 e• CO>`7TRACTOR la Business T YP •FOR) Business Opened:10/17/2007 State/CountyICeruReg:CGc ,6o037 Exemption Code: Machines Professionals rerunning aus!ness oily j Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection uosr Total Paid I) 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 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 8035-11-00007862 Paid 08/27/2012 27.00 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. This Contract Section 6- Contract Execution Form 1 (contract number) made this _ day of in the year 2014 in the amount of $6,018,904.19, by and between the City of Miami, Florida, hereinafter called the "City," and (ABC CONSTRUCTION, INC.), hereinafter called the "Contractor". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST (ABC CONSTRUCTION, INC.) Mr. Jorge Gonzalez, President Signature Signature Print Name, Title Print Name, Title of Authorized Officer or Official ATTEST: (Corporate Seal) CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: City of Miami, a municipal corporation of the State of Florida Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Calvin Ellis, Director Risk Management Department Victoria Mendez City Attorney 101 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CORPORATE RESOLUTION WHEREAS, , Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) , is hereby authorized (type name of officer) and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary (Corporate Seal) 102 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. FORM OF PERFORMANCE BOND"(Page 1of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered Into a Contract, Bid/Co.ntract. No: 12-13-028, awarded the day of , 20 _ , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN. FULL FORCE AND EFFECT. 4. _Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Con 103 HADLEY PARK YOUTH CENTER, B 35883A IT'D NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's•obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: Secretary By: (CORPORATE SEAL) (Name of Corporation) (Signature) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: 104 HADLEY PARK YOUTH CENTER, B-35883A By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. FORM OF PAYMENT BOND (Page 1of 2) BY THIS BOND, We , as Principal,. hereinafter called Contractor, and , as Surety, are bound to the City 'of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.12-13-028, awarded the day of i , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all • labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privities with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privities with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3.. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. . ' .:Any action under this Bond must be instituted -in accordance • with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. 105 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 Contractor ATTEST: (Secretary) (Corporate Seal) IN THE PRESENCE OF: By: By: (Name of Corporation) (Signature) (Print Name and Title) day of INSURANCE COMPANY: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: 106 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) (SEAL) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of. City. Subscribed and Sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by HADLEY PARK YOUTH CENTER ITB NO.: 12-13-028, Page107 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Amount in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight,accompanied. by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) andBection 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) HADLEY PARK YOUTH CENTER ITB NO.: 12-13-028 Page 108 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of predit No. (Number), of (Bank name) dated. This Letter of Credit shall be .renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed, one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default.. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by .reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, Instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise,' Florida law shall prevail. Authorized Signature HADLEY PARK YOUTH CENTER ITB NO.: 12-13-028 Page109 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY FORM A If the Proposer is submitting as a joint venture, please be advised that this form (2 pages) MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: • (3) Hiring and firing of management personnel:. (4) Purchasing of major items or supplies: (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. HADLEY PARK YOUTH CENTER ITB,NO.: 12-134128 Pagell0 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 bezrounds for terminating any Contract which may 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: HADLEY PARK YOUTH CENTER ITE NO.: 12-13-028 Page 111. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Jan,22. 2014 5:49PM DIPOMPE, Tit Jf January 10,2014 No.9566 P. 3 Mr. John DiPompeo, Sr. President DiPompeo Construction Corporation 2301 NW 33rd Ct. Pompano Beach, FL 33069 tax FcsavE Ail 13 2014 DI POMPEc1 CONSTRUCTION COor. Via Email (Delivery request) and US Mall Return Receipt RE: Hadley Park Youth Center, Project No.: B-36883A ITB No.: 12-13-02B Notice of Intent to Award HNNY MAR11NEZ, P.E. Oty Menage~ Dear Mr. DlPompeo: Thank you for your interest in conducting business with the City of Miami, 'Capital Improvements and Transportation Program rCiP°) has concluded their review cif the bld submittals for the above referenced project and determined that DiPompeo Construction Corporation {"DiPompeo") Is the lowest responsive and reepanslbla bidder. The City Manager has approved CIP's recommendation to award the project to your IIrm in the bid amount of $5.90,1316.0. However, the nucontrnendaion to aware will require Commission approval. After' Commission approval, you will receive o Notice of Award letter requesting Insurances, Performance and Payment Bonds and signed contract docurnenta. A stated in the Contract documents; Section 1 tnstrucittona fnr 3ubrntssion Acteotance ar Reieati of BldeM! ive r of Tec Itis s °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 bld opening. A Bidder may withdraw Re Bid after the expiration of one hundred twenty (120) calendar days (torn the date of Bid opening by delivering written notice of wihdreWai to the Capital Improvements Program prior to award of the Contract by the City Commission. 'Once the City Commission makes the award, the t31d cannot be withdrawn under this Article," . CAPITAL 1MPROVEAMEMs PROGRAM 444 5,w• znc1• Mele, Ott Floor/ ling Address P.O. ro 93070E Warn!,R. 33233005) 416-2153 .47o8 r THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Jan.,22. 2014 5:50PM . DIPOMPEO ,L 9'566 P . 4 The bids were received on June 20; 2013, and the one hundred twenty (120) calendar day time period has expired. CIP previously sent a letter to you, dated July 17, 2013, In which you signed and agreed to the bid item amounts and total stated below: Bid item 1 Lump Sum Base Bid Amount $5,347,000 Bid item 2 . Alternate No. 1 Asphalt Parting Spaces $200,000 Bid Item Alternate No, 2 Vehicle Drop Off Area $130,000 Bid Item Alternate No._3 New Playground $180,000 Bid Item 6 Alternate No. 4 Roofing ($-20,000.00) Bid Amount Bid Items 1.6 Total $6,837,000 Allowance for Bid Permits Line Item ' $104,816.00 Total Bid Amount $$,941,818.00 Please sign, date and check the appropriate box below to indicate your firm's acceptance or rejection of this contreot award. Yes, I will accept the award for a not 1 . exceed amount of $5,941.518.00 No, 1 would like to withdraw my bld far consideration for the above referenced project DI Pompeo Construction Corporation Contractor Name: " O /9 - " • John DlPompeo, Sr. — President Date: Your response must be received et this office not later than Friday, January 31, 2014, by the end of business de odrtgue As. r nf• 1rector J Wow Mark Spanion, P.E., Director, CIP Marla Derrington,CIP Assistant Cc: File copy _ Enclosures 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. JOHNNY MAR.TINEZ, P.E., City Manager January 30, 2014 Via. Electronic mail and US mail: jd ipornpeoedipornpeoconstruction.com John DiPompeo, Jr., President Di Pompeo Construction Corporation 2301 N.W. 33`d Court, Unit #102 Pompano Beach, Florida 33069 Re: Invitation -To -Bid No.12-13.028- Hadley Park Youth Center - B - 36883A Dear Mr. DiPompeo: As stated in our letter of January . 10, 2014, the Capital Improvements and Transportation Program ("CIP".) has determined that DiPompeo Construction Corporation ("DiPompeo") is the lowest responsive and responsible bidder for the above -referenced Project. Said letter further acknowledged that the City Manager has approved CIP's recommendation • that the Project be awarded to DiPompeo, subject to ratification of the award by the Board of City Commissioners. However, because we'have exceeded 120 days beyondthe opening of the bids on Thursday, June 20, 2013, the City cannot prevent DiPompeo from withdrawing its bid. from consideration. In. addition, the City Attorney has informed us that the hard bid procurement regulations prohibit the City from allowing any bidder to alter its submitted bid amount for purposes of awarding the contract. Based on the above, this letter is to confirm whether DiPompeo, hereby,: a) accepts the City's award of the Project for completion at the Company's bid amount of $5,941,616.00; or Yes, I, hereby, accept the award of ITB No.: 12-13-028 at the Company's bid amount of $5,941,616.00. John DiPompeo, Jr., President Di Pompeo Construction Corporation CAPITAL IMPROVEMENTS PROGRAM 444 SW 2'd Avenue, 8" Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Mtami, FL 33233-0708 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. b) withdraws the Company's bid from consideration for the. Project. Yes, I, hereby, withdraw the Company's bid from consideration for the Project. John DiPompeo, Jr,, President Di Pompeo Construction Corporation Accordingly, please execute the applicable signature line, above. Please note: Failure or refusal to: i) execute one of the signature lines above; or ii) return this executed letter to CIP by 5:00 P.M. on Friday, January 31, 2014 shall be deemed to be DiPompeo's withdrawal of its bid from consideration for the Project. If you have any questions, please do not hesitate to contact me at mdarrington©miamigov.com. Mark Spa or Capital i r ents and Transportation Program AAR/aar Cc: File copy Mario Darlington, Senior Procurement Specialist • CAPITAL IMPROVEMENTS PROGRAM 444 SW 244 Avenue, 81" Floor / Miami, FL 33130 / (305) 418-1280 / Fax: (305) 418-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. cite of Anti JOHNNY MARTINEZ, P:E., City Manager February 4, 2014 Via Electronic mail and US mail: iaonzalez@abcconstruction.cc Jorge Gonzalez, President ABC Construction, Inc. 7215NW7th Miami, Florida 33126 Re: Invitation -To -Bid No. 12-13-028- Hadley Park Youth Center — B - 35883A, Dear Mr. Gonzalez: As you know, ABC Construction, Inc. was the second lowest bidder for the Hadley Park Youth Center Project. At this point, pending completion of the staffs due diligence review, CIP is prepared to recommend that the Project be awarded to ABC, however, because we have exceeded 120 days beyond the opening of the bids on Thursday,. June 20, 2013, the City cannot prevent ABC from withdrawing its bid from consideration. Accordingly, this letter is to confirm whether ABC will: or a) accept the Ci 's award of the Project for completion at the Company's bid amount of S6,018,904.1 Yes, I, hereby, bid amount of $ C 'll accept the award of TTB No.: 12-13-028 at the Company's 018,90 Jorg Gonzalez, P ident ABC Construction, c. b) withdraw the Company's bid from consideration for the Project. Yes, I, hereby, confirm that ABC withdraws the Company's bid from consideration for the Project. Jorge Gonzalez, President ABC Construction, Inc. Accordingly,_ please execute the applicable signature line, above. CAPITAL IMPROVEMENTS PROGRAM 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (300) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Please note: Failure or refusal to: i) execute one of the signature lines above; or ii)'return this executed letter to CIP by 5:00 P.1VL on Friday, February 7, 2014 shall be deemed to be ABC's withdrawal of it bid from consideration for the Project. - If you have any questions, please do not hesitate to contact me at mspartioll@tniamigov.com. 1Viark Sp agi :P E. i or Capital Improvements and Transportation Program AAR/aar Cc: Fiilecopy Mario Darrington, Senior Procurement Specialist CAPITAL IMPROVEMENTS PROGRAM 444 SW VI Avenue, 8th Floor / Mlamt, FL 331301(305) 4161280 / Fax (305) 418-2153 Mailing Address: P.O. Box 330708 Mlaml, FL 33233-0708 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAM1 OFFICE OF THE CITY CLERIC BID SECURITY LIST Amended January 30, 2014 BID ITEM: Hadley Park Youth Center. CIP PROJECT NO.: B-35883A BID NUMBER: BID NO.12-13-028 DATE BID OPENED: Thursday, June 20, 2013 TIME; 1:OOpm BIDDER BID TOTAL BID BONDJERI AMOUNT CASHIER'S CHECK Di I'nmpeo $5,941,616.00 5% of Bid Amount ABC Construction, Inc. $6,018,904,19 5% of Bid Amount Link Construction Group $6,240,520,00 5% of Bid Amount TGSV Enterprises, Inc, $6,401,616.00 5% ofBid Amount FRP Tectonics Corp. • $6,470,056.69 5% of Bid Amount Edgewater Construotion Group, Inc. $6,659,616.00 5% of Bid Amount Carivon Construction Company $6,691,616.00 5% of Bid Amount ..,..., ' c.r„ filch Winet;>rr8 tki`c�rl herein ' Rrrtnl•lt' cos of the above o ' are the only offers, ug date and Mum, . All • •- ollpref > r. bxrdited In eras onme to faille s. `e hereby rejected as later" ;- sol c1tation, If .^S'h ; ;,ya a • , rtr�r y� • on January 30.2014 Today's Date received (7) bid(s) on behalf Capital Improvements-Prgm City Department .. . PREPARED BY: City THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY Olt 1V11A1141, FLORIDA INTER -OFFICE MEMORANDUM TO: Johnny Martinez, P,B,, City Manager DATE: February 12, 2014 FILE: SUBJECT: Recommendation ofAward for Hadley Park Youth Center-- l3 3'5883A OM: Mark Spanioli , P.8., Director RfERENCES: ITB 12-13-028 Capital improvements Program ENCLOSURES: S: Recommendation Based on the findings below, Capital improvements and Transportation Program (" c P") hereby recommends that the Project be awarded to ABC Construction, ("ABC"), who has bean determined to be the lowest responsive and responsible Bidder for T1B 12-13.028. - Hadley Park Youth Center - B- 35883A. Backgroiu d Ou'Thursday, June 20, 2013, CEP received seven (7) bids in response to the solicitation far the Hadley Park Youth -Center - B-35g83A (the "Project") (See attached Bid Security List),. Bidders were required to hold a current certified license as a General Contractor. or' Building Contractor from the State of Florida and must have a minimum of six (6) years experience under its current business name, in the construction of similar projects including three (3) separate project references for Completed Projects of similar size,, scope, and complexity, within the past six (6) years. la addition, the three (3) completed projeot references must be commercial or institutional buildings of at least 20,000 s,f, where the Bidder has self -performed at least 20% of the work. Pding As reflected on the attached Bid Security list, DiPompeo was the lowest bidder. The local preference ord7r:nmce is not applicable since none of the other Bidders maintain a 'local" office, as defined in Section 18-73 of the City of Miami Code. After determining that DiPompeo is the lowest responsive and responsible bidder for FTB 12-13-020, CIP §taffrequested that AiPompeo confirm its willingness to accept award of the Project at its submitted bid amount because 'this award has exceeded 120 days beyond the opening of the bids on Thursday, June 20, 2013, and the City cannot prevent DTompeo THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. from withdrawing its bid. DiPompeo has twice failed and/or refused to provide said confirmation in response to letters dated January 10, 2014 and January 30, 2014, thus their bid is deemed withdrawn. Accordingly, CIP is recommending that the 'Project be awarded to' ABC, the next lowest bidder. To that end, staff has determined that ABC is a responsible bidder, :treats the minhnum requirements to bid on the Project and its bid is responsive to 1TB 12-13-028. In addition, staff has con timed ABC's willingness to accept award of the Project at its submitted bid amount of $6,018,904.19 (See attached Bid Confirmation Lettrr). Contract Execution Accordingly, CIP hereby requests authorization to prepare for execution a contract in the amount of ABC's total bid of $6,018,904.19, plus a ten percent (10%) contingency for a total contract amount not to exceed $6,620,794.61. Approved: cc: Alice Bravo, P.E., Assistant City Manager/Chief of Infrastructure Mark Spa moll, P E., Director, CIP Jeovanny Rodriguez, P.B., Assistant Director, CIP Marlo Darrington, CIP Aunt, CIP 2 BID NO. 12-13-028 Hadley Park Youth Center CIP PROJECT NO.: B-35883A Due Date: May 20, 2013 Time: 2:00 p.m. Mayor Tomas P. Regalado C • missioner Wifredo "Willy" Gort, District 1 Commissioner Marc Sarnoff, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Keon Hardemon, District 5 City Manager,Johnny Martinez, P.E. Issued By: City_of Miami :, Captital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 SUBSTITUTED TABLE OF CONTENTS Section 1 - Instructions for Submission 6 1. Intention of City 7 2. Scope of Work 7 3. Location of project(s) 7 4. Performance of the Work 7 5. Examination of Contract Documents and Site 7 6. Addendum 8 7. Bid. Submission 8 8. Bid Guaranty 8 9. Preparation of Bid 9 10. Pre -Bid Conference 9 11. Postponement of Bid Opening Date 9 12. Acceptance or Refection of Bids/Walver of Tec !calities 9 13. Environmental Regulations 10 14. Bid Award • . 10 15. Bid Protest 10 16. Community Small Business Enterprise CSBE") Participation 11 17. Local Workforce Participation 11 18. Cone of Silence 12 19. Public Entity Crime 12 20. Fraud and Misrepresentation 12 21. Collusion 12 22. Contractor in Arrears or in D ault 13 23. Cancellation of Soiicitatio 13 Section 2 - General Terms and Cond' ions 14 1. Definitions 14 2. Time is of the Essenc 16 3. Contract Term 17 4. Notices 17 5. Priority of Provi ons 18 6. Indemnificatio 18 7. Insurance ... 18 8. Performan • e and Payment Bond 19 9. Qualific- on of Surety 22 10. Gener- Requirements 24 11. Meth - d of Performing the Work.... 23 12. Wo Staging and Phasing 23 13. S' e Investigation and Representation 24 14. ontractor to Check Plans, Specifications and Data 24 15. .Contractor's Responsibility for Damages and Accidents 24 16 Accidents 25 Safety Precautions 25 18. Occupational -Health and Safety .... . 26 -19.. Laborand Materials 26 20. Rules, Regulations, and Licenses 26 21. Consultant Services 27 22. Project Management 27 23. Superintendence and Supervision 27 2 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 24. Subcontractors 28 25. Authority of the Project Manager 28 26. Inspection of Work 29 27. Taxes 30 28. Separate Contracts 30 29. Lands of Work 30 30. Coordination of Work 31 31. Differing Site Conditions 31 32. Existing Utilities 31 33. Contractor's Responsibility for Utility Properties and Se ► ice 32 34. Interfering Structures 32 35. Field Relocation 33 36. Contractor's Use of Project Site(s) 33 37 Warranty of Materials and Equipment 33 38. Material and Equipment Shipment, Handling, S , rape and Protection 33 39. Manufacturer's Instructions - 35 40. Manufacturer's Warranty 35 41. Reference Standards 39 42. Submittals 36 43. Shop Drawings 37 44. Product Data 38 45. Samples 39 46. Record Set 39 47. Supplemental Drawings and In ructions 39 48. Contractor Furnished Drawin 2 s 39 49. Substitutions 40 50. City Furnished Drawings 41 51. Interpretation of Drawin -s and Documents 41 52. Product and Material -sting 41 53. Field Directives 41 54. Changes in the W • k or Contract Documents 42 55. Continuing the • rk 42 56. Change Orde 42 57. Change Ord Procedure 43 58. No Oral Ch • qes 43. 59. Value of ' ange Order Work 43 60. Extra • rk Directive 46 61. As-B t Drawings 47 62. Wor er's Identification 48 63. R oval of Unsatisfactory Personnel 48 64. bstantial Completion, Punch List, & Final Completion 48 65.,...:-.Acceptance .and .Final ..Payment 49 66. NDPES Requirements 49 Force Maieure 50 sI1` Extension•of Time ............. 50 69. Notification of Claim 51- 70. -Extension of Time not Cumulative 51 • 71. Contractor's Damages for Delay; Time Extensions Only 52 72. Excusable Delay, Non-Compensable 52 73. Lines and Grades 56 • 3 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 74. Defective Work :2 75. Acceptance of Defective or Non -Conforming Work .. 53 76. Uncovering Finished Work 53 77. .Correction of Work 53 78. Maintenance of Traffic and Public Streets 54 79. Location and Damage to Existing Facilities, Equipment or Utilitie 55 80. Stop Work Order 56 81. Hurricane Preparedness 56 82. Use of Completed Portions 56 83. Cleaning Up: City's Right to Clean Up 57 84. Removal of Equipment 57 85. Set -offs, Withholdings, and Deductions 57 • 86. Event of Default 58 87. Notice of Default -Opportunity to Cure 58 88. Termination for Default 58 89. Remedies in the Event of Termination for Defau 59 90. Termination for Convenience 59 91. Resolution of Disputes 60 92. Mediation Waiver of Jury Trial 61 93. City May Avail Itself of All Remedies 61 94. Permits, Licenses and Impact Fees 62 95. Compliance with Applicable Laws 62 96. Independent Contractor 62 97. Third Party Beneficiaries 63 98. Successors and Assigns 63 99. Materiality and Waiver of Bre 63 100. Severability 63 101. Applicable Law and Attorn v's Fees 64 102. Amendments 64 103. Entire Agreement 64 104. Nondiscrimination, E ual Employment Opportunity, and Americans with Disabilities Act 64 105. Evaluation 64 106. Commodities m , nufactured, grown, or produced in the City of Miami, Miami -Dade County and th State of Florida 64 107. Royalties a - Patents 64 108. Continuati --n of the Work 65 109. Review • Records 65 110. No Inte st 65 111. Pay nts Related to Guaranteed Obligations 65 112. Co -ent of City Required for Subletting or Assignment 65 113. .A• eement Limiting Time in Which to Bring Action Against.the.City 66 . _.. 114. efense of Claims 66 115. Contingency Clause 66 . . 11 •.;aAMutual:Obligations _,,: :.......`:;.::. - 1 . Contract Extension - - 66 . 18. •,Non -Exclusivity 66 119. Nature of the Agreement 67 120. Contract Documents Contains all Terms 67 121. Survival 67 Hadley Perk Youth Cents, B-35883A 1TB No.: 12-13-028 SUBSTITUTED • • 122. Disclosure of State Funds 7 Section 3 - Supplemental Terms and Conditions 68 1. Contract Time & Hours 68 2. Progress Payments 68 3. Liquidated Damages 69 4. Schedule of Values 70 5. Proiect Schedules 70 6. Release of Liens/Subcontractor's Statement of Satisfaction 71 7. Progress Meetings 71 8. Request for information 72 9. Proiect Site Facilities 72 10. Temporary Facilities, Utilities, and Construction 77 11. Security 73 12. Construction Signage 73 13. Construction Paragraph 78 14. City Furnished Property 78 Section 4- Bid Forms 84 Section 5- Attachments 89 Section 6 - Contract Execution Form 101 Hadley Park Youth Center, B-35883A 5 1TB No.: 12-13-028 - -- SUBSTITUTED INVITATION TO BID NO.12-13-028 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 18t Floor, 3500 : -n American Drive, Miami, Florida 33133-5504 for: Hadley Park Youth Center, B-35865A Bids Due: May 20, 2013 at 2:00 p.m. PROSPECTIVE BIDDERS MUST CONTACT THE CONSULTANTS OFFICE TO OBTAIN A • OF THE PLANS AND BID SET DOCUMENTS. THE COST FOR THE CD IS $10.00 (NON-REFUNDABLE). Armando Rizo, Rlzo Carrefto & Partners 7315 SW 87th Avenue, Suite 100, Miami, FL 331 Tel: 305-441-0888 A Rizo(a-rc pdes ign.com CD'S CAN BE PURCHASED FROM THE CONSULTANT AT THE PRE -BID ONFERENCE. Scope of Work: The Work consists of fumishing all materials, labor, and uipment necessary to achieve the following: Construction of a new youth center facility of approx. 23,000 Sq.Ft. ross Area) at Hadley Park. The new facility includes lobby area, indoor basketball, court with folding bleache , lockers rooms, male and females restrooms, exercise weight room, meeting room, computer room, classrooms, ces spaces, break room and storage rooms. The building lobby/reception area will interconnect with a new covere• drop-off area that will abut an exterior cultural plaza. Other park improvements include a covered entry/drop off are- o the entryway to the existing Senior Center Building, construction of new parking lot, marking, signage, ADA pa Ong, ADA concrete ramps and new children playground area. CIP has scheduled a mandatory pre -bid conference = nd site visit which will be held at the following date, time and location: Location: Hadley Park Youth Center 1300 NW 50th Street Miami, Florida 33138 DatefTime: April 30, 2013 at 2:00 p.m. Minimum Requirements: Minimum R= • uirements: Prospective Bidder shall hold a current certified license as a General Contractor or Building Cont ctor from the State of Florida and must have a minimum of six (6) years experience under its current busine - name, in the construction of similar projects including three (3) separate project references for Completed Projects •f similar size, scope, and complexity, within the past six (6) years. In addition, the three (3) completed project refe nces must be commercial or institutional buildings of at least 20,000 s.f., where the Bidder has self -performed at I- =st 20% of the work. Failure to meet this requirement will result in the bid submittal being deemed non -responsive. The Bid can onl be obtained by visiting the Capital Improvements Program's website; http://www.miamfgov.c-- /Capitallmorovements/pages/ProcurementOoDortunities/Default.aso, on or after April 16, 2013. It is the sole. - sponsibility of all firms to ensure the receipt of anv addendum and It is recommended that firms neriodicall heck the CIP webpaqe for updates and the issuance of addenda. , All bids shall b submitted in accordance with the Instructions to Bidders. Bids must be submitted in duplicate originals in the envelo -es as specified in Section 1, Instructions for Submission. At the time, date, and place above, bids will be publicly opAd. Any bids received after the time and date specified will not beconsidered. The responsibility for ''subm"ittin • a:Bid before the stated 'the and date is Solely'and strictly the responsibility of the•Bidder. The -City is. not- respon ' le for any delay no matter what the cause. RB%HERFBY;ADYISED -THAT THIS -INVITATION TO ,BID IS SUBJEgT.IO,THCONE OF SILENCE," IN CORDANCE WITH CITY OF MIAMI CODE §18-74 (ORDINANCE NO. 12271). City Manager Johnny Martinez, P.E. DP# 009062 6 Hadley Park Youth Center, B-35883A m3 No.: 12-13-028 SUBSTITUTED 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 co,- pleted in accordance with all laws, codes and regulations governing all the Work to be rformed under this Contract(s). Any work, labor, materials and/or equipment that may re- -onably be inferred from the Contract as being required to produce the intended results shall • = supplied by Contractor whether or not specifically called for in the Contract Documents. here words, which have well-known technical or trade meanings are used to describe ork, materials or equipment, such words shall be interpreted in accordance with that me ng. Reference to standard specifications, manuals, or codes of any technical society, orga ation or association, or to the laws or regulations of any governmental authority, whether s reference be specific or by implication, shall mean the latest standard specification, anual, code or laws or regulations in effect at the time of opening of Bids and Contractor all comply therewith. City shall have no duties other than those duties and obligations pressly set forth within the Contract Documents. 2. Scope of Work The Work specified in this Bid consists of furnishing = I labor, machinery, tools, means of transportation, supplies, equipment, materials, and : ervices, and incidentals necessary to perform the following Work at a rate of progress th will ensure completion of the Work within the stipulated Contract Time. The project consists of furnishing of all labor, new youth center facility of approximately 23 lobby area, indoor basketball court with f restrooms, exercise weight room, meeti break room and storage rooms. The b covered drop-off area that will abut a covered entry/drop off area construction of new parking lot, children playground area. 3. Location of Proiect(s) Hadley Park Youth C nter 1300 NW 50th Street Miami, Florida 331 aterial and equipment for the construction of a 0 sq. ft. (Gross Area). The new facility includes ding bleachers, lockers rooms, male and females room, computer room, classrooms, offices spaces, ding lobby/reception area will interconnect with a new exterior cultural plaza. Other park improvements include the entryway to the existing Senior Center Building, arking, signage, ADA parking, ADA concrete ramps and new 4. Performanc- of the Work Bidder mu be capable of .self- performing at least twenty percent (20%) of the physical construct. n Work. By submitting a Bid the Bidder certifies that it will utilize its own employees to me this requirement. As part of the Bid, the Bidder must include the form entitled "Que ionnaire". Failure to complete and submit this form or to meet this requirement shall res - tin the Bid being deemed non -responsive. Where the City determines thatthe,Contractor i not meeting the minimum self-perforriiance require'rnent during the performance .of the Wbrk, hen the Contractor shall be deemed in default of the Contract and the City reserves the right to ,w ake any•:necessa y,and appropriate acti,911..peupttted.by.law;or by_theContract Documents. N Examination of Contract Documents and Site it is the responsibility of each Bidder, before submitting a response to this ITB to: • Carefully review the ITB, including any Addendum and notify the City of all conflicts, errors or discrepancies. 7 Hadley Park Youth Center, B-35883A ITB Na.; 12-13-028 SUBSTITUTED • Visit the site(s) or structure(s) to become familiar with conditions that may affect cos -, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami -Dade County inc ding, without limitation the City Purchasing Ordinance and Florida Building Cod= laws, regulations, ordinances that may affect a Bidder's ability to perform the Work. • Study and carefully correlate Contractor's observations with the requirement of the ITB. The submission of a Bid in response to this solicitation shall constitute an ' controvertible representation by Bidder that it will comply with the requirements of the Co act Documents and that without exception, the response is premised upon performing a furnishing Work required under the Contract Documents and that the Contract Documents - e sufficient in detail to indicate and convey understanding of all terms and conditions for perf• mance and fumishing of the Work. 6. Addendum Only questions answered by written Addendum will be binding. • al and other interpretations or clarifications will be without any legal binding effect and shall •t be relied upon in preparations of a Bid response. All questions about the meaning or inten of the Contract Documents are to be directed to the City's Capital Improvements Program (CI in writing, to the attention of Marlo Darrington at mdarringtonc miamigov.com. Interpretations or clarifications considered necessary , CIP in response to such questions will be issued by the City by means of Addendum poste on the CIP webpage. Written questions should be received no less than ten (10) cale - dar days prior to the date Bids are due. There shall be no expectation by any person % obligation on the part of CIP to respond to questions received less than ten (10) calendar • ays prior to Bid_opening. 7. Bid Submission All Bids must be received by the City of tami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, FL. 133, before the time and date specified for bid opening, enclosed in a sealed envelope, legib ' marked on the outside. BID NO.: 12- -028 BIDS FOR: DLEY PARK YOUTH CENTER Bidders must submit two e - cuted originals. Failure to submit two executed originals may result in the rejection of the Bid .. non -responsive. NOTE: This Bid requ es the submission of City Form SU, which is available on the CIP webpage, identified the ITB. Failure to submit City Form SU with the Bid may result in the Bid being reje ed as non -responsive. 8. Bid Guaran All Bids shal •e accompanied by either an original Bid bond executed by a Surety meeting the requireme s of the City, or by cash, money order, certified check, cashier's check, . Uncondi •nal/lrrevocable Letter of Credit, drawn on a local bank, Bid Bond Voucher (only for projec less than $200,000) issued to the City of Miami's Purchasing Department, treasurer's chec or bank draft of any national {United States) or state bank (Florida); in the 'amount'o€five per ent 5% of the total Bid amount, payable to City of Miami, Florida, and conditioned upon tile,. s . ccessful Bidder ,exequting,the. ,Contract. and: pr.Qviding the required Performance Band ;arid.-:. 'aymerit Bond and `evidence of "requires insurance`withm .;fiff2en {96) '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 8 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED cost and expense incurred should said Bidder fail to execute the Contract, and provide required Performance Bond. 9. Preparation of Bid The Bid Form contains one Project and the Bidder must provide a total lump s price to perform the Work required for the Project. All Bids must be made upon the blank City forms provided herein. The Bid mus •e signed and acknowledged by the Bidder in accordance with the directions on the ITB. F ure to utilize the City's forms, or fully complete said forms will result in a determination t .t the Bid is non- responsive. A Bid will be considered non -responsive if it is conditioned on mo - ifications, changes, or revisions to the terms and conditions of the ITB. The Bid is to include the fumishing of all labor, materials, su - • lies, equipment, overhead expense and profit, equipment including, but not limited to tools, services, permit fees, applicable taxes, overhead and profit for the completion the Work except as may be otherwise expressly provided in the Contract Documents. Joint venture firms must complete and submit with the' Bid the form titled "Information for Determining Joint Venture Eligibility", (Form A) and s • •mit a copy of the formal agreement between all joint -venture parties. This joint venture - • reement must indicate their respective roles, responsibilities, and levels of participation for e Project. Failure to timely submit Form A, along with an attached written copy of the joint ve• ure agreement may result in disqualification of the Bid. All joint venture firms must meet the quirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A mandatory pre -bid conference and s - visit will be held at the Hadley Park Community Center on April 30, 2013, at 1300 NW 5► Street, Miami, Florida 33138, starting at 2:00 p.m., to discuss this solicitation. Since space s limited, it is recommended that one representative of each firm attend in order to becoe familiar with the Solicitation and conditions of usage. Attendees are requested to brine his Solicitation package to the conference. Copies of the solicitation will not be available the pre -bid conference. 11. Post • onement of Bid 0 • in • Date The City reserves the righ o postpone the date for receipt and opening of submissions and will make a reasonable effo to give prospective Bidders at least five (5) calendar days notice of any such postponeme The City shall mak- easonable efforts to issue addenda within five (5) calendar days prior to the due date. 12. Acce • tance , r Re'ection of Bids/Waiver of Technicalities The City r-:erves the right to reject any or all Bids prior to award for any reason or to re - advertise r Bids for any reason. The C' reserves the right to waive any minor technicality, informality, variance, deviation, . orris :ion :or:the.lke;upto or.:•prior toaward of the bid.. R-asocable efforts will: be made to either award the Contract or reject all Bids within ninety (90) aleride days'after``Bid opening date;,: A Bidder.,tnay„not withdraw' its Bid•unilate ally: nor: change :;. the'Cohtract-Price-before.the expiration of one hundred twenty (120) caleridar.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 the City Commission makes the award, the Bid cannot be withdrawn under this Article. 9 Hadley Pack Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED The City reserves the right to waive any minor technicality, informality, variance, or devia omission or the like up to or prior to award of the Bid. 13. Environmental Regulations The City reserves the right to consider a Bidder's history ofcitations and/or environmental regulations in investigating a Bidder's responsibility, and further re to declare a Bidder not responsible if the history of violations warrant such det opinion of the City. Bidder shall submit with its Bid, a complete history of violations, notices and dispositions thereof. The failure to submit any such be deemed to be an affirmation by the Bidder that there are no citations shall notify the City immediately upon receipt of any notice of any such Bidder may receive after the Submittal opening date and during perf this Contract. 14. Bid Award The City intends to issue the award of the Contract to the Bidder. The City may require demonstration of competen site visits, require the Bidder to furnish documentation meeting to determine the Bidder's qualifications and this Contract. The City shall consider, but not be li labor force, equipment, experience, knowledge of of Work being performed by the Contractor and olations of rves the right mination in the citations and/or ocumentation shall r violations. Bidders ation or violation which mance of the Work under west responsive and responsible and, at its sole discretion, conduct d/or require the contractor to attend a ity to meet the terms and conditions of ed to, such factors as financial capability, e trade work to be performed, the quantity st performance on City projects. City Code Section 18-85, states that the ' ity may offer to a responsible and responsive bidder/proposer, who maintains a local off e, the opportunity of accepting a bid at the low bid amount, if the original bid amount sub ed by the local vendor is not more than ten percent (10%) in excess of the lowest other re- •onsible and responsive bidder/proposer. A post office box or working from a private resid ce will not be considered as maintaining a local office, unless the owner of the private re = dence possesses a City of Miami Occupation Licenses for the business at the address of th - private residence. Where the solicitation contai = multiple line items for separate projects or where the solicitation requires a Bidder to submi etailed price information or multiple line item pricing a Bid may be rejected as an unbalance, bid. The Bidder must be •le to demonstrate a good record of performance and have sufficient financial resources : ensure that it can satisfactorily provide the goods and/or services required herein. The City, in its :ole discretion, may determine a Bidder to be non -responsible where the Bidder has failed to •erform in accordance with the terms of any other contracts with the City, past or current, or :ny contracts with any public entity or any other contract for construction services with any er public or business entity in which the Bidder has been declared in default. Any : :der who at the time of submission is involved in an ongoing bankruptcy as a debtor, or in a r: •rganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been a ' •ointed over all or a substantial portion of the property of the Bidder, under federal ankruptcy law or any state insolvency, the Bidder may be declared.non-responsive.. Any Bidder who has an unpaid debt to the City, which is not controverted or contested, filed a lawsuit against the City,or where the City has filed a lawsujt or on %court judgment against a :Bidder; sdch Bid toiay:be _declared non -responsive 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. 10 Hadley Park Youth Center, B-35883A rim No.: 12-13-028 SUBSTITUTED Bidders are alerted to Section 18-104 of the City's Code describing the protest proced es. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a p.- y to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTI NS. 16. Community Small Business Enterprise ("CSBE") Participation The Contractor must comply with the following CSBE participation requiremes. All instructions, required forms and other information necessary for complying th the CSBE participation requirements are available on the CIP webpage. a) The Contractor must assign a minimum of fifteen percent (15%) of e Contract value to a respondent or to a construction related enterprise curre y certified by Miami - Dade County as a Community Small Business Enterprise (CS = . ) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Cod b) Five percent (5%) of the bid amount shall be retain- • by the City for the CSBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section :-89 of the City Code. Failure to comply with the CSBE requirements within six (6 months of Contract completion shall result in the forfeiture of the retained amo t to the City. This five percent (5%) retainage is included within the ten percent (1 A) retainage normally withheld by the City; c) The Contractor shall retain the services of - independent third party to verify and certify compliance with these requirements • n a quarterly basis in accordance with Section 18-89 of the City Code. Said t ' d party shall be unaffiliated with the respondent and be properly licensed under the ovisions of Section 454, 471, 473, or 481 of the Florida Statutes. The person perfor ing the verification shall have a minimum of two (2) years of prior professional exp fence in contracts compliance, auditing, personnel administration, or field experie - in payroll, enforcement, or investigative environment. The cost for this verification s, all be included in the related contract costs. The following link is to the mi-Dade County website where Bidders can view the current listi ' g of certified CSBE contractors by trade. htt • ://www.miami de. • ov/business/re • orts-certification-lists.as 17. Local Workforce P • ici • ation The Contractor m comply with the following Local Workforce Participation requirements. All instructions, req red forms and other information necessary for complying with the Local Workforce Part' ipation requirements are available on the CIP webpage. a) Th: Contractor must employ a minimum of fifteen percent (15%) of on -site labor from rsons residing within the municipal boundaries (e.g. city limits of the City of Miami) of e City. The City residency .of the onsite labor component will be subject to verification by the issuing department; Five percent15%)'of "the bid arnount shall be retained by the City as security for the verification pf compliance with such requirements until said requirements are fulfilled Ong.yerified.iwithin::six (6) `months of Contractcomptetiort pursuarft-:to.,Section 18-89of...,: the City Code -Failure to complywith the Local Workforce Participation 'requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City; c) The Contractor will be required to hold one (1) job fair within the local community for projects with a bid amount between $1,000,000 and $2,000,000; 11 Hadley Park Youth Center, B-35883A ITB No.: 1243.028 SUBSTITUTED d) The Contractor will be required to hold two (2) job fairs within the local communir for projects with a bid amount greater than $2,000,000; e) The Contractor shall coordinate job fairs and -hiring initiatives with Sout Florida Workforce; f) The Contractor shall retain the services of an independent third party to very- and certify compliance with these requirements on a quarterly basis in accordance ith City Code Section 18-89. Said third party shall be unaffiliated with the responden -nd be properly licensed under the provisions of Section 454, 471, 473, or 481 of t Florida Statutes. The person performing the verification shall have a minimum of o (2) years of prior professional experience in contracts compliance, auditing, pers• nel administration, or field experience in payroll, enforcement, or investigative envir• ment. The cost for this verification shall be included in the related Contract costs. 18. Cone of Silence Pursuant to Section 18-74 of the City of Miami ("City Cod- , a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the tie the City Manager issues a written recommendation to the Miami City Commission. The one of Silence prohibits anv verbal communications regarding this ITB. Any communication concerning this ITB must be s • •miffed in writing to CIP and Bidders must file a copy of such written communications ith the Office of the City Clerk. Written communications may be in the form of e-mai with a copy to the Office of the City Clerk at marciaAmiamioov.com. This language is only an overview of the equirements of the Cone of Silence. Please review Section 18-74 of the City Code for a co ' •lete and thorough description of the Cone of Silence. You may also contact the City Clerk a 05)-250-5360, to obtain a copy. 19. Public Entity Crime Any person, individual, corpora ' • n, entity, or affiliate who has been placed on the convicted Bidder list following a convic on for a public entity crime may not submit a proposal on a contract to provide any goos or services to a public entity, may not submit a Response on a contract with a public en ' for the construction or repair of a public building or public works project, may not submi - response on a lease of real property to a public entity, may not be awarded or perform ork as a contractor, supplier, subcontractor, or Consultant under a contract with any p - is entity, and may not transact business with any public entity in excess of the threshold am • nt provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 mo ► s from the date of being placed on the convicted Bidder 1 Bidder list. 20. Fraud and ! isre • resentation Any pers► , individual, corporation, entity, or affiliate that attempts to meet its contractual obligati • s with the City through fraud, misrepresentation or material misstatement, may be deba -d for up to five (5) years in accordance with the applicable provisions of the City Code. The ity as a further sanction may terminate or cancel any other contracts with such individual, c• •oration or entity. Such individual or entity shall be responsible for all direct or indirect costs ssociated.with termination or cancellation. Collusion Where two (2) or more related:parttes,'as defined m this Article, each submi 'response to ari 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 12 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED have a direct or indirect ownership interest in another Contractor for the same project(s) responses found to be collusive shall be rejected. 22. Contractor in Arrears or in Default The Contractor represents and warrants that the Contractor is not in arrears •f any duty, payment, money, debt, charge, fee , work or other performance due to the Ci and is not in default as a surety or otherwise upon any obligation to the City. In additi• the contractor warrants that the Contractor has not been declared "not responsible" or "'isqualified" by or debarred from doing business with any state or local government entity i he State of Florida, the Federal Government or any other State, or local governmental ent n the United States of America, nor is there any proceeding pending pertaining to the Co ' actor's responsibility or qualification to receive public agreements. The Contractor consid this warrant as stated in this Article to be a continual obligation and shall inform the City of y change during the term of the Contract. The City shall not consider and will deem as non-responsibl- Bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears to the City or otherwise in debt or default to the City at the time and date Bids are due. 23. Cancellation of Solicitation The City reserves the right to cancel, in whole or i •art, any solicitation when it is in the best interest of the City. This determination will be a e discretion of the City and there will be no recourse from such cancellation. 13 Hadley Park Youth Center, B-35683A !TB No.: 12-13428 SUBSTITUTED Section 2 — General Terms and Conditions 1. Definitions Basis of Design means a specific manufacturer's product that is named; includi► • the make or model number or other designation, establishing the significant qualities elated to type, function, dimension, in-service performance, physical properties, appe ance, and other characteristics for purposes of evaluating comparable products of other mar acturers. Bid means the response submitted by a bidder to this solicitation, w ch includes the price, authorized signature and all other information or documentation -quired by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated or unin • porated business entity, or corporation tendering a Submittal, acting directly or through a • ly authorized representative. Change Order means a written document ordering a cha . e in the Contract Price or Contract Time or a material change in the Work. A change • der must comply with the Contract Documents. City means the City of Miami, Florida, a Floridmunicipal corporation. In all respects hereunder, City's performance is pursuant to the s capacity as Owner. In the event the City exercises its regulatory authority as a govern ental body, the exercise of such regulatory authority and the enforcement of any rules, - gulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City' uthority as a governmental body and shall not be attributable in any manner to the City a- a party to this Contract. For the purposes of this Contract, "City" without modification sh mean the City Manager or Director, as applicable. City Commission means the legisla e body of the City of Miami. City Manager means the duly ap inted chief administrative officer of the City of Miami. Community Small Business nterprise ("CSBE") means a construction related enterprise, including a design -build firm -nd any firm providing trades and/or services for the completion of a construction project, as •-fined in Section 10-33.02 of the Code of Miami -Dade County. Completed Project(s) eans a project for which the applicable regulatory authority has issued a Temporary Certifi - e of Occupancy or Completion, or a Final Certificate of Occupancy or Completion. Consultant me - s a firm that has entered into a separate agreement with the City for the provision of d ign/engineering services for a Project; and if applicable, means the Architect or Engineer o - ecord contracted by the City to prepare the plans and specifications for the Projects. F onsultant may also be referred to as Architect or Engineer of Record. Contr• t means the Invitation to Bid (ITB) solicitation and the Bid documents that have been exec ed by the Bidder and the City subsequent to approval of award by the City. C - ntractor means the person, firm, or corporation with whom the City has contracted and who ill 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 Projects). Construction Change Directive means a written, directive to effect changes 'to the 'Work;' issued by the Consultant or the Director that may affect the ITB Contract price or time. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. 14 Hadley Park Youtli Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED Consultant means the Architect or Engineer of Record contracted by the City to p pare the plans and specifications for the Projects. Consultant may also be referred to as rchitect 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 •st to the City, to repair, replace, correct, or remedy all maferial, equipment, or other elemen of the Work or the Contract Documents affected by such breach, or to otherwise make go ,d and eliminate such breach, including, without limitation, repairing, replacing or correcting a 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 Contr or is required to remedy deficiencies in the Work or compliance with the Contract Doc ents after receipt of written Notice to Cure from the City identifying the deficiencies and the ime to Cure. Design Documents means the construction plans and sp: cifications included as part of this Bid prepared by the Consultant for this Project(s) under a -parate Agreement with the City. Director means the Director of the Capital Improvem is Program or designee, who has the authority and responsibility for managing the Project( under this Agreement. Drawings means the graphic and pictorial ports design, location and dimensions of the Work t notes, schedules and legends on such Drawin s of the Work, which serve to show the e performed, including, without limitation, all Field Directive means a written approval fo ' the Contractor to proceed with Work requested by the City or the Consultant, which is mino in nature and typically should not involve additional cost. Final Completion means the date s •sequent to the date of Substantial Completion at which time the Contractor has completed = II the Work in accordance with the Agreement as certified by the Consultant and/or the Cis and submitted all documentation required by the Contract Documents. Inspector means an auth• ized representative of the City assigned to make necessary inspections of materials fur, shed by Contractor and of the Work performed by Contractor. Materials mean goods equipment incorporated in a Project(s), or used or consumed In the performance of the W Notice of Award eans the written letter to the Contractor to notify the Contractor that they have been award = • the Contract. Notice To Pr• eed means a written letter or directive issued by the Director or designee acknowledgi that all conditions precedent have been met and directing that the Contractor may begin ork on the Project(s). Plans a d/or Drawings means the official graphic representations of a Project(s). Proje t Or Work as used herein refers to all reasonably necessary and inferable construction an. services required by the Contract Documents whether completed or partially completed, a► • includes all other labor, materials,, equipment and services provided or to be provided by e.Contractor tor fulfill its gbliigations;. 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, , - - : j. ... .. 1 - .. ... Project Manager meansthe individual a'ssigned'byIP to manage the Project(s):' Request For Information (RFI)• means a written 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 15 Hadley Park Youth Center, B-35883A I7H No.: 12-13-028 SUBSTITUTED interpretation or understanding of the document(s) in question, along with the reason for uch understanding. Risk Administrator means the City's Risk Management Administrator, or desig e, or the individual named by the City Manager to administer matters relating to insuranc= and risk of loss for the City. Specifications mean all of the definitions, instructions, descriptions, directio , requirements, provisions and standards (and all written supplements thereto) pertaining the methods, (or manner) of performing and actual performance of the Work, or qua les and quality of accepted materials to be furnished under the Contract Documents. Subcontractor means a person, firm or corporation having a direc 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 Materis not so worked. Submittal means documents prepared and submitted by the . idder to pre -qualify under this solicitation. Substantial Completion means that point at which the ork is at a level of completion in substantial compliance with the Agreement such that th City can use, occupy and/or operate the facility in all respects to its intended purpose. Sub . antial Compliance shall not be deemed to have occurred until any and all govemmental entif s, which regulate or have jurisdiction over the Work, have inspected, and approved the Wor. . Beneficial use or occupancy shall not be the sole determining factor in determining wheth r Substantial Completion has been achieved, unless a temporary certificate of occupancy ha seen issued. Work means the completed construction r • uired by the Contract Documents, including all labor necessary to produce such const ction and all materials, supplies, and equipment incorporated or to be incorporated in suc- construction. 2. Time is of the Essence Contractor will promptly perform it duties under the Contract and will give the Work as much priority as is necessary to cause : e Work to be completed on a timely basis in accordance with the Contract Documents. All • rk shall be performed strictly (not substantially) within the time limitations necessary to mai ain the critical path and all deadlines established in the Contract Documents. All dates and periods • time set forth in the Contract Documents, including those for the commencement, pros ution, interim milestones, milestones, and completion of the Work, and for the delivery an• installation of materials and equipment, were included because of their importance to the ' ity. Contractor ac owledges and recognizes that the City is entitled to full and beneficial occupancy a • use of the completed following expiration of the Contract Time. In agreein• o bear the risk of delays for completion of the Work except for extensions approved in aacor• nce with Article 72, Excusable Delays, the Contractor understands that, except and only to e extent provided otherwise in the Contract Documents, the occurrence of events of dela within the Contractor's, control, the Work shall not excuse the Contractor from its >obF • ation-to=abh eve full completion of the Work within the Contract Documents Time, and shall riot entitle the Contractor to an adjustment. All parties under the control. or contract with the ontractor;ahall include but are, not limited to material persons, Subcontractors, suppliers, and aborers _ _ 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. 16 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 3. Contract Term/Contract Price The Contract shall commence upon issuance of the Notice of Proceed, which shall b issued subsequent to the execution of the Contract by the City. The Contract shall term ate upon notice by the City that the Contract has been closed -out after final completion '-r otherwise terminated by the City pursuant to the terms and conditions herein set forth he total bid amount shall be the Guaranteed Maximum Cost ("GMC") of the Project ich means the maximum cost of the work including labor, materials, equipment, overhead e •enses and profit. The City will not be liable for payment of any amount in excess of the G C (unless, the City Commission has approved a project contingency or has approved a • or amendment to the Contract, setting forth an additional amount due to Owner requested c -nges or its equivalent.) 4. Notices Whenever either party desires to give Written Notice unto th- other relating to the Contract, such must be addressed to the party for whom it is intended - 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 all be deemed given on the date received or within 3 days of mailing, if mailed through t - United States Postal Service. Notice shall be deemed given on the date sent via e-mail or acsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery ' to by the courier/delivery service. For the present, the parties designate the following as th espective 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 P ogram City of Miami 444 S.W. 2nd Aven , - 8th Floor Miami, Florida 3 30 Contractor. Mr. John r, iPompeo, Sr. Preside. DiPo - •eo Construction Corporation 230 NW 33rd Ct. P mpano Beach, FL 33069 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 Prroject Manager. The Contractor shall notifyt;the .-Miami Police Department:.=and Fire :Department ;about construction schedule(s). The Contractor is required to obtain a current list of contract persons and phone numbers from the City of Miami's Project Manager prior to Construction: The Contractor must notify residents living within 500 feet of the project in writing as least one week in advance prior to commencing work in the general area. 17 'Hadley Park Youth Center, B-35883A ITB No.: 12-13.028 SUBSTITUTED 5. Priority of Provisions If there is a conflict or inconsistency between any term, statement requirement, or provisio •f any exhibit attached hereto, any document or events referred to herein, or any doc ent incorporated into the Contract Documents by reference and a term, statement, requirem- t, the specifications and plans prepared by the Consultant, or provision of the Contract Docu . ents the following order of precedence shall apply: In the event of conflicts in the Contract Documents the priorities stated below sha govern; • Revisions and Change Orders to the Contract shall govern over the Co ract • The Contract Documents shall govern over the Contract • Addendum to an ITB shall govern over an ITB In the event of conflicts within the Contract Documents the priorities st ed below shall govern: • Scope of Work and Specifications shall govern over plans a drawings • Schedules, when identified as such shall govern over all • er portions of the plans • Specific notes shall govern over all other notes, an. all other portions of the plans, unless specifically stated otherwise • Larger scale drawings shall govern over smaller sc • e drawings • Figured or numerical dimensions shall govern ov r dimensions obtained by scaling • Where provisions of codes, manufacturer's ecifications or industry standards are in conflict, the more restrictive or higher quality hall govern 6. Indemnification Contractor shall indemnify, defend, save an and employees, from liabilities, damage limited to reasonable attomey's fees, t negligent act or omission, or inten employed or utilized by Contractor i hold the City, its officials and em employees against, any civil a wrongful death, or similar cl work, even if it is alleged indemnifications shall s proceeding is brought upon written notice satisfactory to C protection requir responsibility employees, old harmless City, its officers, agents, directors, losses, judgments, and costs, including, but not he extent caused by the negligence, recklessness , nal wrongful misconduct of Contractor and persons he performance of this Contract. Contractor shall, further, yees, harmless for, and defend the City, its officials and/or ons, statutory, contractual, personal injury, property damage, ms, injuries or damages arising or resulting from the permitted at the City, its officials and/or employees were negligent. These ive the term of this Contract. In the event that any action or ainst City by reason of any such claim or demand, Contractor shall, rom City, resist and defend such action or proceeding by counsel The Contractor expressly understands and agrees that any insurance by this Contract or otherwise provided by Contractor shall in no way limit the indemnify, keep and save harmless and defend the City or its officers, ents and instrumentalities as herein provided. The inde ification provided above shall obligate Contractor to defend, at its own expense, to and thr, ugh administrative, trial, appellate, supplemental or bankruptcy proceedings, or to provi.- for such defense, at City's option, any and all claims of liability and all suits and actions of ery name and description which may be brought against City whether performed by ntractor, 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,, inc1.00.0_g without ;limitation and interpretation., • ,which conforms.t,the . limitations of Secti72 ons 506 a+�d�or72;08, Flonda :.Statutes, as applicable. _. ...... -. _ Contractor shall require all Sub -Contractor agreements to'incliide 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 18 Hadley Park Youth Center, B-35883A ITB No.: 12-13.028 SUBSTITUTED participated either through review or concurrence of the Contractor's actions. In revi= ing, approving or rejecting any submissiohs by the Contractor or other acts of the Contra • or, the City in no way assumes or shares any responsibility or liability of the Contracto ' 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 - d sufficiency of which is acknowledged by the Contractor. If a court of competent juri .lction holds any sentence(s) of this section to be invalid, the remainder shall be severable - nd shall continue in operative force and effect. 7. Insurance Without limiting any of the other obligations or liabilities of Contrac •r, Contractor shall provide, pay for, and maintain in force until all of its Work to be performe• nder this Contract has been completed and accepted by City (or for such duration as is oth: se specified hereinafter), the insurance coverage set forth herein. 7_1. Workers' Compensation insurance is to - •ply for all employees in compliance with the Statutory 'Workers' CompensatiLaw" of the State of Florida and all applicable federal laws. In addition, the •olicy(ies) must include: • Waiver of subrogation • Statutory State of Florida • Limits of Liability 7_2. Employers' Liability with a li, it of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused b; an accident, each accident. One Million Dollars ($1,000,000.00) Dollars e•ch bodily injury caused by disease, each employee. One Million Dollars 1,000,000.00) Dollars each bodily injury caused by disease, policy limit. 7.3. Commercial Gene = I Liability (CGL) (Primary & Non Contributory) (CG 2010 11/85) (CGL) with m' imum limits of One Million Dollars ($1,000,000.00) each occurrence, mbined single limit for Bodily Injury. Liability and Property Damage Liability, wi a general aggregate limit of Two Million Dollars ($2,000,000.00). Coverag -. ust be afforded on a primary and non contributory basis and with a covera• - form no more restrictive than the latest edition of the Comprehensive Gene = I Liability policy, without restrictive endorsements, as filed by the Ins ance 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 Bmployees;included as-jnsured o Contingent Liability/Independent Contractors Coverage o Contractual Liability o Waver of Subrogation • o Premises and/or Operations Liability Hadley Park Youth Center, B-35883A 19 1TB No.: 12-13-028 i SUBSTITUTED o Explosion, Collapse and Underground Hazards o Loading and Unloading City is to be expressly included endorsement number CG 2010 11/85 as an Additional Insured ursuant to or its equivalence. 7.4. Business Automobile Liability with minimum limits of One ($1,000,000.00) per occurrence combined single limit for Property Damage Liability. Coverage must be afforded restrictive than the latest edition of the Business Auto without restrictive endorsements, as filed by the Insure must include: • Auto/All Owned Autos/Scheduled. • Hired, Borrowed, and Non -Owned Vehicle • Employers' Non -Ownership. • Employees included as insured • City of Miami as Additional Insured 7_6. " Umbrella Policy (Excess Following Form/True Excess ollowing Form/True Umbrella) illlon Dollars odily Injury and n a form no more obile Liability policy, ce Services Office, and • Bodily injury and prope , damage liability with limits of Three Million Dollars ($3,000,000) e.• h occurrence and an aggregate limit of Three Million Dollars ($3,0 ' %,000). Excess coverage over the • licies as follows: • Commercial Gene -I Liability • Business Auto - • ile Liability • Employer's. Li- •ility City shall be listed as an-.ditional insured. 7.6. Owners & C • ntractor's Protective Each Occ-rrence $1,000,000 Genera ggregate $1,000,000 City •f Miami listed as the named insured 7.7 uilder's Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $2,500 All other Perils 5% maximum on Wind City of Miami included as an Additional Insured/Loss Payee A. LimitNalueat. Location or Site _ _ • Coverage Extensions: 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. 20 Hadley Park Youth Center, B.35883A ITS No.: 12.13.028 SUBSTITUTED Notice of Cancellation and/or Restriction —The policy (ies) must be endorsed to provide t► City with at least thirty (30) days notice of cancellation and/or restriction. Contractor shall furnish to the Capital Improvement Program the Certificates of I ► urance or endorsements evidencing the insurance coverage specified above within fifteen 5) calendar days after notification of award of ,the Contract. The required Certificates of surance shall name the types of policies provided, refer specifically to this Contract, a state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official e shall be used in all insurance documentation. Companies authorized to do business in the State of Florida, wit shall issue all insurance policies required above: e following qualifications, The company must be rated no Tess than "A-" as to managem= t, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insure e Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All pol ies and /or certificates of insurance are subject to review and verification by Risk Manageme prior to insurance approval. The Risk Administrator or -his/her authorized • •.signee reserves the right to require modifications, increases, or changes in the re : ired insurance requirements, coverage, deductibles or other insurance obligations by pviding a thirty (30) day written notice to the Contractor in accordance with Section 2, Gene : Conditions, Article 4, Notices. Contractor shall comply with such requests unless the insur ce coverage is not then readily available in the national market. An additive or deductiv= change order will be issued to adjust the contract value as necessary. For insurance bond' g issues and decisions, the City shall act through its Risk Administrator (unless otherwise s ed). 8. Performance and Pa ment Bo Where required by the Contra 'ocuments, the Contractor shall within fifteen (15) calendar days of being notified of award ' umish a Performance/Payment Bond ("Bond") containing all the provisions of the attached P: ' ormance/Payment forms. Each Bond shall be in e amount of one hundred percent (100%) of the Contract value guaranteeing to City t completion and performance of the Work covered in the Contract Documents as well -s 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 9, Qualific ion of Surety. Each Bond s =I1, continue in effect for one year after Final Completion and acceptance of the Work with li- •ility equal to one hundred percent (100%) of the Contract value, or an additional bond shal •e conditioned that Contractor will, upon notification by City, correct any defective or faulty w• k or materials which appear within one year after Final Completion of the Project(s). The ty must be listed as an Obligee. P uant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time 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. Contractor shall additionally comply with" -the provisions of. Section .119.0701, Florida Statutes, entitled "Contracts; public records". In lieu: of. a':Prformance/Paym;` exit Bondnd;: .Contractor tiiay'fumish' alternate form. s 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. 21 Hadley Park Youth Center, B-35883A ITB No,: 12-13-028 SUBSTITUTED 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,0 Each Bond must be executed by a surety company with a rating of (A-) and b- .ed on the Financial Size Category of (VII). The surety company must be of recogni • standing, authorized to do business in the State of Florida as surety, having a resident ag t in the State of Florida and having been in business with a record of successful continuou . operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable sure on federal bonds in accordance with United States Department of Treasury Circular 570, C rrent Revisions. If the amount of the Bond exceeds the underwriting limitation set forth i the circular, in order to qualify, the net retention of the Surety shall not exceed the underwri g limitation in the circular, and the excess risks must be protected by coinsurance, rein rance, or other methods in accordance with Treasury Circular 297, revised September 1, ' 978 (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 mann 10. General Requirements The employee(s) of the Contractor shall; be consider : to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of departments. The Contractor agrees that the Contractor will - all times employ, maintain and assign to the performance of a Project a sufficient number of ompetent and qualified professionals and other personnel to meet the requirements of the W. to be performed. The Contractor agrees to adjust staffing I by the Project Manager, should the Pro' unacceptable or that any individua is requirements for such a position. The Contractor shall perform the shall include repairs, testing, result of damages caused du els or to replace any staff personnel if so requested ct Manager make a determination that said staffing is not performing in a manner consistent with the ork complete, in place, and ready for continuous service, and rmits, clean-up, replacements, and restoration required as a g this construction. The Contractor represents at its personnel and Subcontractors have the proper skills, training, background, knowledge -xperience, rights, authorizations, integrity, character and licenses as necessary to perform • e Work, in a competent and professional manner. The Contractor sh - provide temporary facilities and controls necessary to perform the Work and to ensure s- e and proper access and .use of the site by the Project Manager and the Consultant. T Contractor shall at all times cooperate with the City, or the Consultant and coordinate it respective Work efforts to most effectively and efficiently progress the performanc of the Work. The City he Consultant and other agencies authorized by the City, shall have full access to the Proje ) site(s) at all times. The ontractor shall be responsible for the good condition of the Work or materials until formal ase from his obligations under the terms of the Contract Documents. II newly constructed work shall be carefully protected from injury 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 reconstructallportions damaged..: Contractor shall bear all losses incurred 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 22 Hadley Park Youth Center, B-35883A 1 B No.: 12-13-028 SUBSTITUTED prejudice of Work already started, and the Project Manager .may require the Contractor to fi 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 publi nuisance or causing off -site damage. Contractor shall take all necessary and prudent me. -ure to control dust. The apparent silence of the Contract Documents as to any detail, or the app - rent omission from them of a detailed description concerning any Work to be done and mat- als to be furnished, shall be regarded as meaning that only best practices are to prevail -- nd only materials and workmanship of the best quality are to be used in the performance of t = Work. 11 Method of Performing the Work The apparent silence of the Contract Documents as to any deta them of a detailed description concerning any Work to be do shall be regarded as meaning that only the best general material and workmanship of the best quality is to be us Documents shall be made upon that basis. When measurements are affected by conditions alre -fitted into constructed conditions, it shall be the dimensions at the site and the actual job dimensio If the Protect Manager or Consultant reasonab not such as to ensure its completion within t of the Project Manager or Consultant, the or expeditiously or is not performing a schedule accepted by or determined by or the Consultant shall have the right (1) improve its work force; and/or ( to ensure completion of the P immediately comply with such option may also have Work p monies due to the Contracto Where materials are tra beyond the capacity re or local Iaw(s). Whe shall be provided b areas shall be r Manager or Co The Contra hour telep Contract or the apparent omission from and materials to be furnished, actice is to prevailand that only , and interpretation of the Contract y established or where items are to be ntractor's responsibility to verify all such shall take precedence. determines the rate of progress of the Work is designated completion time, or if, in the opinion ontractor is not proceeding with the Work diligently or any part of the Work according to the Project e Project Manager or Consultant, the Project Manager order the Contractor to do either or both of the following: improve its performance in accordance with the schedule - • ject(s) within the specified time. The Contractor shall ders at no additional cost to the City. (3) The City at its sole ormed by a third party contractor and deduct such cost from any ported in the performance of the Work, vehicles shall not be loaded mmended by the vehicle manufacturer or permitted by Federal, State it is necessary to cross curbing or sidewalks, protection against damage the Contractor and any damaged curbing, grass areas, sidewalks or other aired at the expense of the Contractor to the satisfaction of the Project ultant. r shall furnish to the Project Manager and. the Consultant a complete listing of 24- ne numbers at which responsible representatives of the Contractor and all of the s Subcontractor can be reached should the need arise at any time. 12. Wor -twin • and Phasi-n Th = ork to be performed shall be done in such.a manner so as not to interfere with the normal operatipns-of-the Project site,or facility. The manner inwhich_.the ;WPIVa, perfp.rmed.shall e=subject: to. the approval of the •Project Manager or Consultant, whom if necessary, shalf.have the authority to require changes in the manner in which the Work is performed. There shall be no obstruction of City services without the prior written approval of the Project Manager or Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. 23 Hadley Park Youth Center, B-35883A FIB No.: 12-13-028 SUBSTITUTED The Contractor shall familiarize itself with normal City operations where the Work is to performed so that it can conduct the Work in the best possible manner to the com• ete satisfaction of the Project Manager and Consultant. A staging plan must be submitted to and approved by the Project Manager or the •nsultant prior to the start of construction and issuance of the Notice to Proceed. Such stagi s 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 a, • location(s) of the Work under the Contract Documents, the general and local conditio s, particularly those bearing upon availability of transportation, disposal, handling an• storage of materials, availability of labor, water, electric power, and roads, the conform- on and conditions at the ground based on City provided reports, the type of equipment and acilities needed preliminary to and during the performance of the Work and all other matters ich can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfies itself based on any geotechnical reports the City may provide and inspection of the Projec ) site(s) as to the character, quality, and quantity of surface and subsurface materials to be - countered from inspecting the site and from evaluating information derived from exploratory rk that may have been done by the City or included in the Contract Documents. Contractor should examine the soil conditions .. the Project site to determine if any special shoring, sheeting, or other procedures necess- to protect adjacent property during excavation of subsoil materials or during filling of any • ea(s), or for any operation that may be required during the performance of the Work. Any failure by the Contractor to acquaiitself with all the provided information and information obtained by visiting the Project(s) te(s) will not relieve Contractor from responsibility for properly estimating the difficulty or ost thereof under the Contract Documents. In the event that the actual subsurface condi '•ns vary from the actual City provided reports the Contractor shall notify . the City and the ontract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check P - ns S • ecifications and Data Contractor shall verify - 1 dimensions, quantities and details shown on the plans, specifications or other data receiv- • from Project Manager or Consultant as part of the Contract Documents, and shall notify e Project Manager and the Consultant of all errors, omissions and discrepancies fo , d therein within three (3) calendar days of discovery. Contractor will not be allowed to to advantage of any error, omission or discrepancy, as full instructions will be furnished th- Project Manager or by Consultant. Contractor shall not be liable for damages resulting f •m errors, omissions or discrepancies in the Contract Documents unless Contractor recogni - d such error, omission or discrepancy and knowingly failed to report it to Project Mana• -r or Consultant. 15. C s. tractor's Res a onsibilit for Dama • es and Accidents ontractor 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 pdditional.co$t to the. City any Work; rr aterials, equipment, or supplies damaged, lost, stolen, or :destroyed from any cause whatsoever Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. 24 Hadley Park Youth Center, B-35883A ITS No.: 12-13-028 SUBSTITUTED Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kin. to a condition similar or equal to that existing before construction. Where sod is to be re •ved, it shall be carefully removed, and the same re -sodded, or the area where sod has bee emoved shall be restored with new sod in the manner described in the applicable section. F- ces - Any fence, or part thereof, that is damaged or removed during the course of the - ork shall be replaced or repaired by the Contractor, and shall be left in as good a conditio• as before the starting of the work. Where fencing, walls, shrubbery, grass strips or area must be removed or • stroyed incident to the construction operation, the Contractor shall, after completion of the w' , replace or restore to the original condition all such destroyed or damaged landscaping and ' provements. 16. Accidents The Contractor shall provide such equipment and facilities as are ecessary or required, in the case of accidents, for first aid service to person who may b injured during the Project(s) duration. The Contractor shall also comply with the OSHA req ements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to e Project Manager and Consultant every accident to persons or damage to property, and hall furnish in writing full information, including testimony of witnesses regarding any and all ccidents. 17. Safety Precautions Contractor shall be solely responsible for init. ting, maintaining and supervising all safety precautions and programs in connection wit he Work. Contractor shall take all necessary precautions for the safety of, and shall pro de the necessary protection to prevent damage, injury or loss to: • All employees on the Project(s) : ite(s) and other persons who may be affected thereby; • All the Work and all materi- s or equipment to be incorporated therein, whether in storage on or off the Projec ) site(s); and • Other property at the Pr%tect(s) Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavemen :, roadways, structures and utilities not designated for removal, relocation or replace -nt in the course of construction. Contractor shall designate whose duty shall be t superintendent unless o responsible member of its organization at the Project(s) site(s) prevention of accidents. This person shall be Contractor's erwise designated in writing by Contractor to Project Manager. Contractor shall com y with all applicable laws, ordinances, rules, regulations and orders of any public body Navinjurisdiction for the safety of persons or property or to protect them from damage, injury o 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 the Work may affect them. All damage, injury or loss to any property caused directly or i► irectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly - mployed by any of them or anyone for whose acts any of them may be liable, shall be remedi-. by Contractor. Contractor's duties and responsibilities for the safety and protection of -:the.W•rk_s_hall..continue ui til,suckm time. as. all,the Work. is completed and Project Manager or Con : ultant has issued the `Contractor a notice' of Final Acceptance. .40ector,must.aao dheretheYappl cable,.enyironmentai protection„guidelines for the. duration, of Protect If hazardous waste materials.are,psed, detected or geherated et any time, the'Proiect.� Manager must be immediately notified of each and every occurrence. ''The Contractor shall comply. with ..all_ cQdes,. • 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. 25 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED The Contractor shall take the responsibility to ensure that all Work is performed using ad -.uate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, sc- ' olding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and la . : ers that are necessary for the protection of its employees, as well as the public and City ern, oyees. 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 : sure absolute safety for those required to use it, as well as those in the vicinity. All rig• gs, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar action or equipment shall be OSHA approved, as applicable, and in accordance with all fe• - ral 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 , - left open during nighttime or non -working hours without the prior written approval of the Pro' - ct Manager. If an emergency condition should develop during a Project, e Contractor must immediately notify the Project Manager and Consultant of each and = ,ery occurrence. The Contractor should also recommend any appropriate course(s) of a on 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 delivere'- as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS) whi may be obtained from the manufacturer. The MSDS must include the following information' • The chemical name and the com -n name of the substance. • The hazards or other risks in the se of the substance, including: o The potential for fire, explos' • n, corrosion, and reaction; o The known acute and c onic health effects of risks from exposure, including the medical conditions whi- are generally recognized as being aggravated by exposure to the substance; an o The primary routes • The proper precauti and other safety appropriate eme • The emergenc • A descriptio substance • The ye addre prep 19. Labor a entry and symptoms of overexposure. s, handling practices, necessary personal protective equipment, ecautions in the use of or exposure to the substances, including ency treatment in case of overexposure. procedure for spills, fire, disposal, and first aid. in lay terms of the known specific potential health risks posed by the tended to alert any person reading this information. and month, if available, that the information was compiled and the name, , and emergency telephone number of the manufacturer responsible for ng the information. Materials Unles- otherwise provided herein, Contractor shall provide and pay for all materials, labor, wat, tools, equipment, light, power, transportation and other facilities and services necessary fo the proper execution and completion of the Work,_,w1 ether -temporary .-or `:permanent and • ether or not incorporated or to be incorporated in the Work. Gontractor...shall_at all times, enforce strict discipline and: good plder _among:lts,empioyees::and:' Subcontractors at the' Project(s) sites) and shall not erriploy bh 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, rules, licenses and regulations applicable to provision of services specified in the Contract Documents. The Contractor shall be familiar 26 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED 1 with all federal, state and local laws, rules, licenses and regulations that may in affect the • ods and/or services offered. 21. Consultant Services The City, at its sole discretion may hire a Consultant who shall serve a . 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 e management of the Work under the Contract Documents and who will be the lead po t of contact, the Consultant or the Project Manager. Where a Consultant has been identifie., the Consultant and the Project Manager will have authority to act on behalf of the City to th- -xtent provided in the Contract Documents and as outlined in Article 25, Authority of the . roject Manager, of the General Terms and Conditions. On the basis of the on -site observations, the Consultant will keep e Project Manager informed of the progress of the Work. In the capacity of interpreter, the •nsultant will exercise the best efforts to ensure faithful performance by both the Project Ma -ger and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in condu ng inspections to determine the date or dates of Substantial Completion and Final Accepta - ce and will receive and review written warranties and related documents required by the C •- tract and the Contract Documents. The Consultant will be responsible for receiving all docu ' entation for review and acceptance. Upon acceptance such documentation will be forwa • ed to the Project Manager. The Project Manager in conjunction with the Consultan will approve Schedules of Values,. Project Schedules, Subcontractors and invoices. The City may contract for additional consu = nt services, including but not limited to construction examination and observation services. -uch services are intended to be additional services and are not intended to and shall of be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of.emp - ment of the Consultant, the City may, at its sole discretion, appoint another Consultant, w .se status under the Contract shall be as that of the former Consultant. 22. Project Management 23. Where a Contractor is management, includi performed in accord is not limited to: o all permits; obta. requirements; satisfaction fees; and Suer awarded Work, the Contractor shall be responsible for all Project any and all subcontracts necessary to ensure that the Work is nce with the Contract Documents. Project Management shall include, but aining bids from Subcontractors and suppliers; coordinating the securing of ing licenses and inspections; ensuring that Subcontractors comply with all City erforming the Work in accordance with the Contract Documents to the the Project Manager; paying all Subcontractors; obtaining release of liens/claims aining temporary and final Certificates of Occupancy or Completion. tendence and Su • ervision The • rders of the City are given through Consultant or Project Manager, which instructions are to i e•strictly and promptly followed in :every case. ` Contractor shall keep on the Project during i progress, a full-time competent English speaking superintendent and any necessary assistants, _all satisfactory to„Project:...Managecor,,Con.sultant.. The superintenderrtash�all; not be- changed except with the written .consent of :P.roject Manager .or Consultant, artless e 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 27 Hadley Park Youth Center, B-35883A [TB No.: 12-13-028 • SUBSTITUTED provided telephone number(s) for the superintendent where the superintendent an 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 at a minimum, the following information in a bound log: the day; date; weather how any weather condition affected progress of the Work; time of commence the day; the Work being performed; materials, labor, personnel, equipment a at the Project(s) site(s); visitors to the Project site, including represe Consultant, regulatory representatives; any special or unusual condi encountered; and the time of termination of Work for the day. All info in the daily log in indelible ink. The daily log shall be kept on the Pro' available at all times for inspection and copying by Project Manager hall record, onditions and ent of Work for d Subcontractors tives of the City, ons or occurrences tion shall be recorded ct(s) site(s) and shall be d Consultant. The Project Manager, Contractor and Consultant shall meet at I=:st every two (2)weeks or as otherwise determined by the Project Manager, during the co se of the Work to review and agree upon the Work performed and outstanding issues. T - Contractor shall publish, keep, and distribute minutes and any comments thereto of each s meeting. If Contractor, in the course of performing the Work, finds y discrepancy between the Contract Documents and the physical conditions of the locality, o any errors, omissions, or discrepancies in the Plans, it shall be Contractor's duty to immediate ' inform Project Manager and Consultant, in writing, and Project Manager or Consultant, will , omptly review the same. Any Work done after such discovery, until authorized, will be done =t Contractor's sole risk. Contractor shall supervise and direct the W• k competently and efficiently, devoting such attention thereto and applying such skills a ., expertise as may be necessary to perform the Work in accordance with the Contract Docu ents and Contract Documents. Contractor shall be solely responsible for themeans, me ods, techniques, sequences and procedures of construction. All Work, including trade Work shall -•e performed and supervised by properly licensed for the Work being performed. 24. Subcontractors Contractor is solely responsib - for all acts and omissions of its Subcontractors. Nothing in the Contract Documents shall c -ate any contractual relationship between any Subcontractor and the City. Contractor is res , onsible for the timely payment of its Subcontractors and suppliers as required by Florida Stat es. Failure to comply with these payment requirements will place the Contractor in default of e Contract. Contractor shall not -mploy any subcontractor against whom City and or Program Manager may have a reasonabl objection. Contractor shall not be required to employ any subcontractor against whom Contractor has a reasonable objection. Contractor s :II utilize the Subcontractors identified in its Bid submission. The replacement, addition, or .eletion of any Subcontractor(s) shall be subject to the prior written approval of the Project - nager, which will not be unreasonably withheld. With the submission of its pay applicat'.• n the Contractor must identify the number of personnel they and the Subcontractor(s) are u ; g who. are working under H2B visas. Third tier subcontracting is only permitted with the prior ritten approval of the Project -Manager. thorit of the Pro'ect Mana • er he Director. hereb authorizes 'Manager and the y the-ProjectConsultant designate€�Ir1"'the Contradt-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 the 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, 28 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 26. including the withdrawal or modification of any previous order, and regardless of whe er the Contractor agrees with the Project Manager's and/or Consultant's determination or equests. Where requests are made orally, the Project Manager and/or Consultant will follow in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf • ' the City to the extent provided by the Contract Documents, unless otherwise modified in writi-g\by the City. All instructions to the Contractor shall be issued in writing. All instructions to e Contractor shall be issued through the Director, Project Manager or the Consultant. The Project Manager and/or Consultant shall have access to the Proj (s) Site(s) at all times. The Contractor shall provide safe facilities for such access so e Project Manager and Consultant may perform their functions under the Contract. he Project Manager and Consultant will make periodic visits to the Work Site to beco ' generally familiar with the progress and quality of the Work, and to determine if the Work i proceeding in accordance with the Contract Documents. The Project Manager and Consultant will not be responsi• - for construction means, methods, techniques, sequences or procedures, or for safety pre autions and programs in connection with the Work, and will not beresponsible for the Co actor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have au t • rity 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 t Contract Documents the Project Manager and Consultant will have authority to require spe, al inspections or testing of the Work, whether or not such Work is fabricated, installed o completed. Neither the Project Manager's nor Consultant's authority to act under this p agraph, nor any decision made by him in good faith either to exercise or not to exercise sucr authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to e Contractor, any subcontractor, supplier or any of their agents, employees, or any other per on performing any of the Work. All interpretations and recomm= dations of the Project Manager and Consultant shall be consistent with the intent of the ontract Documents. The Project Manager and •nsultant will not be responsible for the acts or omissions of the Contractor, any Subcontr- tor, or any of their agents or employees, or any other persons performing any of the W Ins • ection of Wor The Project Mana• -r, Consultant, Inspectors, and other City representatives shall at all times have access to e Work during normal work hours, and Contractor shall provide proper facilities for su , access and for inspecting, measuring and testing. Should the • ntract Documents, Consultant/Inspector Project Manager's instructions, any laws, ordinance , or any public authority require any of the Work to be specially tested or approved, Contract r shall give Project Manager and Consultant timely notice of readiness of the Work for testing If the testing or approval is to be made by an authority other than a City of contracted firm, imely notice shall be given of the date fixed for such testing. Testing shall be made pr• ptly, and, where practicable, at the source of supply. If any of the Work should be coveled- u• without approval or consent of Project Manager or Consultant, it must, if required bLthe 'reject Manager and/or _Consultant, . be uncovered for examination . and . properly_, restored:,at-- °:-gontractoexpense. _ ;; ..... :... Unless otherwiseprovided, the Contractor shall make arrangements for such tests, inspections and approvals. 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. 29 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED Re-examination of any of the Work may be ordered by the Project Manager and Consultant, a if so ordered, the Work must be uncovered by Contractor. If such Work is found to • in accordance with the Contract Documents, City shall pay the cost of reexaminatio and replacement by means of a Change Order. If such Work is not in accordance with the ' ontract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged coristrur+on, whether completed or partially completed, of the City or separate contractors - - used by the Contractor's correction or removal of Work which is not in accordance with th requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax - y of the provisions of the Contract Documents or to delay the Work by failure to inspect the atertals and Work with reasonable promptness without the written permission or instructio ' of Project Manager and Consultant. The payment of any compensation, whatever may be its chara -r or form, or the giving of any gratuity or the granting of any favor by the Contractor to any spector, directly or indirectly, is strictly prohibited, and any such act on the part of the Cont ctor will constitute a breach of this Contract. 27. Taxes Contractor shall pay all applicable sales, consu -r, use and other taxes required by law. Contractor is responsible for reviewing the perti-ent state statutes involving state taxes and complying with all requirements. 28. Separate Contracts Prior to the commencement of the Wor he Project Manager will notify the Contractor of all ongoing projects or projects schedul-d to commence during the Work that may require coordination. The Contractor shall -e responsible for coordinating the Work with any other project to minimize any potential a• erse impact. Contractor shall not be entitled to any days of delay for failure to properly coor•' ate the Work. The Consultant and the Project Manager will assist the Contractor in coordin • ing the Work. However, the sole responsibility for coordination rests with the Contractor. If any part of Contractor's ork depends for proper execution or results upon the work of any other persons, Contract • shall inspect and promptly report to Project Manager and Consultant any defects in such ork that render it unsuitable for such proper execution and results. Contractor's failure - so inspect and report shall constitute an acceptance of the other person's work as fit and pr--per for the reception of Contractor's Work, except as to defects which may develop in other ontractor's work after the execution of Contractor's Work. Contractor sall conduct its operations and take all reasonable steps to coordinate the prosecutio of the Work so as to create no interference or impact on any other contractor on the site. S •uld such interference or impact occur, Contractor shall be liable to the affected contra or for the cost of such interference or impact. To = sure the proper execution of subsequent Work, Contractor shall inspect the Work already in •lace and shall at once report to Project Manager_and_.Consultant any discrepancy between e executed Work and the requirements of the Contract Documents. 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 30 Hadley Park Youth Center. B-35883A ITB No.: 12-13-028 SUBSTITUTED • of materials. Contractor shall furnish to City copies of written permission obtained by Contr- or from the owners of such facilities. 30. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour seven gay a week schedule. Contractor shall ensure that the performance of the Work does n• impact any ongoing operations at Project(s) site(s), which also includes the delivery of an materials and equipment. Access to and egress from the Project Site(s) shall be coordinate with the Project Manager and the Consultant to minimize interference to regular and emer• -ncy operations of the facility. During progress of Work under this Contract, it may be necessary fo other contractor's and persons employed by the City to Work in or about the Project. The Ci reserves the right to put such other contractors to work and to afford such access to the Pr- ect 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 ' to' work done under another Contractor(s), it will be necessary for Contractor to plan it ork and cooperate with other contractors insofar as possible to prevent any interference a delay. The Contractor is required to coordinate the Work with o er contractors performing work at the Project(s) site. The Contractor shall not impede or int- ere with the work of other contractors engaged in or about the. Work and shall so arran• - and conduct its Work that such other contractors may complete their work at the earliest • -te possible. 31. Differing Site Conditions In the event that during the course of the Wor Contractor encounters subsurface or concealed conditions at the Project(s) site(s) which • er materially from those shown in the Contract Documents and from those ordinarily enc•. • ntered and generally recognized as inherent in work of the character called for in the Contr- t Documents; or unknown physical conditions of the Project(s) site(s), of an unusual natur:, which differ materially from that ordinarily encountered and generally recognized as inher nt in work of the character called for in the Contract Documents, Contractor, without • sturbing the conditions and before performing any Work affected by such conditions, sh , within twenty-four (24) hours of their discovery, notify the Project Manager and Consulta ' in writing of the existence of the aforesaid conditions. Project Manager and the Consultan shall, within two (2) business days after receipt of Contractor's written notice, investigate e site conditions identified by Contractor. If, in the sole opinion of Project Manager or the C • nsultant, the conditions do materially so differ and cause an increase or decrease in Contrac •r's cost of, or the time required for, the performance of any part of the Work, whether or not arged as a result of the conditions, Project Manager or Consultant shall recommend an eq ' able adjustment to the Contract Documents Price or Contract Documents Time, or both. If e Project Manager and Contractor cannot agree on an adjustment in the Contract Price •r 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 material] different to justify a change in the terms of the Contract Documents, the Director shall so n • ify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and suc .determination shai_be.finaland,binding upon the parties hereto. No r uest by Contractor for an equitable adjustment to the Contract Documents under this pro *sion shall be allowed, unless Contractor i_as;giyenwritten rnotice in strct accordance with th provisions of:thi •=Article. No request for en equitable adjastment.or change to. the Contract rice or -Contract Time for., iiffering=-site conditions shall be allowed if made after the date certified by Consultant or Project Manager as the date of substantial completion. 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 31 Hadley Park Youth Center, B-35883A T!B No. 12-13-028 SUBSTITUTED • from existing plans and utility investigations; however, it is expected that there may be s• e discrepancies and omissions in the locations and quantities of utilities and structures s •wn. Those shown are for the convenience of the Contractor only, and no responsibility is a- umed by either the City or its officials;/employees; for their accuracy or completeness. Nrequest for additional compensation or contract time resulting from encountering utilities no hown will be considered. The Contractor shall explore sufficiently ahead of the Work to alio ime for any necessary adjustments The Contractor must coordinate all underground utility lo•-tions through "Sunshine State One Call of Florida, Inc", who shall be contacted a minimum o 48 hours before the Contractor commences any digging. In addition, the Contractor is respo ible for removing allutility markings once the work is completed. Final payment to the Contra or may be withheld until the utility marks are removed. 33. Contractor's Responsibility for Utility Properties and Servic- Where the Contractor's operations could cause damage or inconve ence to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewe , or irrigation systems, the Contractor shall make all arrangements necessary for the p •tection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the constr ion operation at least 48 hours in advance. Under no circumstance expose any utility with t first obtaining permission from the appropriate agency.•Once permission has been grantee locate, expose, and provide temporary support for all existing underground utilities and utility ►•les where necessary. The Contractor and his Subcontractors shall be sol- and directly responsible to the owner and operators of such properties for any damage, inj , expense, loss, inconvenience, delay, suits, actions, or claims of any character brought becse of any injuries or damage which may result from the construction operations under the C. tract Documents. Neither the City nor its officers or agents s ' all be responsible to the Contractor for damages as a result of the Contractor's failure to prot t utilities encountered in the Work. In the event of interruption to domest water, sewer, storm drain, or other utility services as a result of accidental breakage du-. to construction operations, promptly notify the proper authority. Cooperate with said a ority in restoration of service as promptly as possible and bear all costs of repair. In no e ent shall interruption of any utility service be allowed unless granted by the owner of the uti In the event water service es that interfere with trenching are encountered, the Contractor may, by obtaining prior ap%royal of the water utility, cut the service, dig through, and restore the service with similar and -qual materials at the Contractor's expense and as approved by the Project Manager or Co sultant. Replace, with matey' -I 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, un -ss otherwise provided for in the Contract Documents and as approved by the Project Mana• -r or Consultant. Replace wi material approved by the Project Manager or Consultant, at Contractor's expense, :any.existir• utilities damaged during the Work. 34. Interf= inq Structures empt has been mad.#o ,show .Major. atricturea on the furnished Drawings.: While the rrnation has been; compiled from the best available sources, its completeritsss'and accuracy ririot 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. 32 Hadley Park Youth Center, B-35883A 1113 No.: 12-13.028 ---SUBSTITUTED 35. Field Relocation During the process of the Work, it is expected that minor relocations of the Work ma be necessary. Such relocations shall be made only by the direction of the Project Manag= and Consultant at the Contractor's expense. If existing structures are encountered that wil • revent construction as shown, the Contractor shall notify the Project Manager or Consultt before continuing with the Work in order that the Project Manager or Consultant may ma - such field revisions as necessary to avoid conflict with the existing structures. Where the • ntractor fails to notify the Project Manager or Consultant when an existing structure is e► ountered, and proceeds with the Work despite this interference, the Contractor does so at hi own risk. 36. Contractor's Use of Protect Site(s) Limitations may be placed on the Contractor's use of the Project(s) sit will be identified by the Project Manager. In addition to such limita may make storage available to the Contractor at his sole discre space. The Contractor shall also coordinate and schedule disruptions to City day-to-day operations: The Contractor shall limit its use of the Project site(s), so - : to allow for the City's continuous operation. This is necessary, as the Project Site(s) may re • ain in operation during the Work. • The Contractor shall: o Confine operations at the Project(s) site - to the areas permitted by the Project Manager or Consultant; not disturb p• ions of the Project(s) site(s) beyond the specified areas; conform to Project site(s) rules and regulations affecting the Work. o Keep existing driveways and e ances serving surrounding facilities clear and available to the City, its emplo es and the public at all times; not use areas for parking and/or storage of mat ials except as authorized by the Project Manager. o Assume all responsibility f•r its tools, equipment and materials, including any materials purchased for th ork and not accepted by the City, and its vehicles while performing Work for the ity and/or while parked or stored at a City facility. The City assumes no liability fo damage or loss to the items specified in this paragraph. Access to parking and egress om the Project(s) site(s) shall be subject to the approval of the Project Manager. 37 Warrant of Materials = nd E • ui • ment Contractor warrants City that all materials and equipment furnished under the Contract Documents will be pew 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/Docum its. All Work not conforming to these requirements, including substitutions not properly appr ed and authorized, may be considered defective. If required by the Project Manager or onsultant, Contractor shall furnish satisfactory evidence as to the kind and quality of material and equipment. This warranty is not limited by any other provisions within the Contraoocuments. 38. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment r s) and such limitations ns, the Project Manager n based on availability of eliveries so as to minimize „Men practical, equipment shall..jie factory asseltibled: Tfra °equipment'parts and' assemblies` `f that are shipped unassembled shall > befurnished 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. 33 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED Equipment shall be packaged or crated in a manner that will provide protection from dam. •e during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indi--te its contents by name and equipment number, if applicable; approximate weight; state a special precautions for handling; and indicate the recommended requirements for stora:e prior to installation. Packaging and Delivery of Spare Parts and Special Tools . Properly mark to identify the associated equipment by name, equipment, nd part number. Parts shall be packaged in a manner for protection against damage from e elements during shipping, handling, and storage. Ship in boxes that are marked to indicate e contents. Delivery of spare parts and special tools shall be made prior to the time a . ociated equipment is scheduled for the initial test run. Shipment All equipment and material shall be shipped with freight and ship ► ng paid, FOB job site. The Contractor shall request a 7-day advance notice of s '•ment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copof the current delivery information concerning equipment items and material items of critical i ' portance to the Project schedule. Receiving The Contractor shall unload and record the receipt of :11 equipment and materials at the jobsite. All costs for receiving, inspection, handling, orage, insurance, inventory control, and equipment maintenance for the Contractor-supp -d and City -supplied materials and equipment shall be included in the prices Bid and no extra ompensation will be allowed. Inspection Immediately upon receipt of equipment a materials at the jobsite, the Contractor shall inspect for completeness and any evidence of . amage during shipment. City supplied equipment and material shall be inspected and inve -•ried together with City's Inspector. Should there appear to be any shortage or damage, the roject Manager or Consultantshall be immediately notified; and the Contractor shall be f y responsible for informing the manufacturers and the transportation company of the ent of the shortage or damage. If the item or items require replacing or supplying missi parts, the Contractor shall take the necessary measures to expedite the replacement or - upply the missing parts. Handling Equipment and matey Is 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 a materials shall be stored prior to installation as recommended by the manufactur- Generally, materials such as pipe shall be stored off the ground in approved storage y-. •s: Iteri's'subjeet to damage by-the-elementSi.vandalism, or theft shall be stored in secure b • ridings. Items requiring environmental control for protection shall be provided with the neces =ry environmentally :controlled storage.facilities. at n¢.cost to the City. Ins nce . Te Contractor's insurance shall adequately cover the value of materials delivered but not yet corporated into the Work. Inventory Control 34 Hadley Park Youth Center, B-35883A ITB No.: 12-13-029 SUBSTITUTED Equipment and materials shall be stored in a manner to provide easy access for inspection . nd inventory control. The Contractor shall keep a running account of all materials in stor- • e to facilitate inspection and to estimate progress payments for materials delivered but not stalled in the Work. Equipment's Maintenance Prior to Acceptance by the City The contractor shall provide the required or manufacturer's recommended mai -nance during storage, during the installation, and until such time as the City accepts the e• ipment for full- time operation. Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or eq '•ment removed during construction and not reused in the Work shall be cleaned, hauled, an. stored by the Contractor at his own expense, where directed by the Project Manager or Con Itant, and shall remain the property of the City. All other material shall be disposed of • the Contractor at his own expense. 39. Manufacturer's Instructions The Contractor shall: Comply with manufacturer's requirements for the handli •, delivery and storage of all materials. Where required by the Contract Documents, Contr- or shall submit manufacturer's printed instructions for delivery, storage, assembly, and inst- ation. Comply with the manufacturer's applicable i structions and recommendations for the performance of the Work, to the extent that the a instructions and recommendations are more explicit or more stringent than requirements i mated in the Contract Documents including the Contract Documents. Inspect each item of material or equipme immediately prior to installation and reject damaged and defective items. Provide attachment and connection • -vices and methods for securing the Work; secure Work true to line plumbing and level, an • within recognized industry standards; allow for expansion and building movement; provide iform joint width in exposed Work; arrange joints in exposed Work to obtain the best visu effect and refer questionable visual effect choices to the Consultant for final decision wen applicable to the Work. Recheck measurements a d dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or sec on of Work during favorable weather conditions, which shall ensure the best possible results coordination with the entire Project(s) and isolate each unit of Work from incompatible Work : s necessary to prevent potential interference among each section and/or deterioration of e• ipment. Coordinate en ► osure of the Work, which requires inspections and tests so as to minimize the necessity of covering Work for that purpose. When req red by the Contract Documents,,or,the manufacturer, a.qualjf ed_ representative shall. be present to observe field conditions, conditions of surface and installation, quality of workm nship, and applications. Manufactures representative shall, provide. the Contractor and the P ojegt, Manager or Consultant a -written report field observations 40. M nufacturer's Warrant ontractor 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 35 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED correct any and all apparent and latent defects that may occur within the manufacturer' standard warranty. The Contract -Documents may supersede the manufacturer's stan • = rd warranty. Manufacturer's warranties will become effective upon Final Acceptance • the Project(s). 41. Reference Standards Reference to the standards of any technical society, organization or body shall b= construed to mean the latest standard adopted and published at the date of request for qu ' ications, even though reference may have been made to an earlier standard. Such reference s hereby made a part of the Contract Documentsthe same as if herein repeated in full and the event of any conflict between any of these standards and those specified, the most . ringent shall govern unless otherwise' stated. • 42. Submittals Contractor shall check and approve all shop drawing, sample., product data, schedule of values, and any and all other Submittals to make sure they com ' with the Contract Documents prior to submission to the Project Manager and Consultant. Contractor by approving and submitting any Submittals, r: •resents that they have verified the accuracy of the Submittals, and they have verified : 1 of the Submittal information and documentation with the requirements of the Contract 'ocuments. At time of submission the Contractor shall advise the Project Manager and Co : ultant in writing of any deviations from the Contract Documents. Failure of the Contractor to •vise the Project Manager or Consultant of any deviations shall make the Contractor solely esponsible for any costs incurred to correct, add or modify any portion of the Work to comp) with the Contract Documents. Each Submittal shall contain a title block co - ining the following information: • Number and title of drawing, includin• ontract title and Number • Date of drawing and revisio • Name of Contractor and bcontractor (if any) submitting drawings • Name of Project, Buildi • or Facility, and Owner's Project number • Specification Section ' le and number • . Contractor's Stamp •f approval, signed by the Contractor or his checker • Space above the le block for Project Manager' or Consultant's action stamp • Submittal or re- ubmittal number (whether first, second, third, etc.) • Date of sub '`al Contractor shall sig in the proper block, each sheet of shop drawing and data and each sample label to ce compliance with the requirements of the Contract Documents. Submittals submitted withou e stamp and signature shall be rejected and it will be considered that the Contractor has ' of complied with the requirements of the Contract Documents. Contractor shall bear the risk • any delays that may occur as a result of such rejection. City shall of be liable for any materials, fabrication of products or Work commenced that requires submittals until the Project Manager and/or Consultant has returned approved submi - Is to the Contractor. Co rector shall submit six (6) originals of each Submittal to the City. The City will return three rked/reviewed sets to the Contractor. A Contractor's letter of transmittal cover sheet must be acl;> -to-: all .;Submittals':;.packages _being .transmitted to:..the... City :and.Consultant The_; •;-:. Contractor's letters of transmittal shall properly list anddentify 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. 36 Hadley Park Youth Center, B-35883A nB No.: 12-13-028 SUBSTITUTED Contractor shall note in submittals/shop drawings to make references to Drawings, drawin 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 fo een (14) calendar days from the date of receipt by the Project Manager and/or Consultan roject Manager and/or Consultant's review shall only be for conformance with design concep and the information provided in the Contract Documents. The approval of a separate it-. shall not constitute approval of an assembly in which the item functions. The Project M. ager and/or Consultant shall return the reviewed Submittal to the Contractor for their use an • • istribution. Acceptance of any submittal by the City or Consultant shall not relieve th- ontractor of any responsibility for any deviations from the requirements of the Contract Duments unless the Contractor has given written notice to the Project Manager and/or Co ultant of the specific deviations and the Consultant has issued written approval of such devi ons. By approving and submitting shop drawings, product data an• samples, the Contractor represents that all materials, field measurements and field const ction criteria related thereto have been verified, checked and coordinated with the requirem is of the Work and have been verified, checked and coordinated with the Contract Document Contractor shall be responsible for the distribution of all sh • drawings, copies of product data and samples, which bear the Project Manager's or Cons ant's stamp of approval. Distribution shall include, but not limited to; job site file, record docu' ents file, Subcontractor, suppliers, and other affected parties or entities that require the info tion. The Contractor shall also provide copies of all pl- s approved and permitted by the required governing authorities. The Contractor shall not be relieved of res •nsibility for errors or omissions in any and all submittals by the Project Manager's or ' onsultant's acceptance thereof. The Contractor warrants the adequacy for the purpose in - nded of any shop drawings or portion of a Submittal that alters, modifies or adds to the requir ments of the Contract Documents. Nothing in the Project Manager's or onsultant's review of Submittals shall be construed as authorizing additional work or incre ed 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 s ow, in detail, the suitability, efficiency, technique of manufacture, installation requirements, retails of the item, and evidence of its compliance or noncompliance with this Contract Docu ents. Within five (5) calenr days after the City issues a Notice to Proceed for award of the Contract, Contractor shall s •mit to Project Manager or Consultant a complete list and submittal log of items for which . op Drawings are to be submitted and shall 'identify the critical items and all submittal date . Approval of this list by Project Manager or Consultant shall in no way relieve the .Contract from submitting complete Shop Drawings and providing materials, equipment, etc., fully i accordance with the Contract Documents. This procedure is required in order to expedite, nal approval of Shop Drawings. After the approval of the list of items required in above; 'Contractor shallri5oiptly reque§t Shop Drayings from the various manufacturers, fabricators, and suppliers., ... C' ntractor shall thorouphry review and.check the Shop DraVVingkarid each and every copy shall= dhow its approval thereon: Contractor shall submit three (3) sets of shop -drawings. .. Some shop drawings as either denoted in the Contract Documents :or. by the -Florida Building. Code (Code) or Florida Statutes, 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. 37 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED In addition to all shop drawings required by the Contract Documents the Contractor mus provided shop drawings for; all drainage structures including catch basins, drainage pipe, ball rock, and exfiltration trench filter fabric. If the Shop Drawings show or indicate departures from the Contract Documents, Co actor shall make specific mention thereof in its letter of transmittal. Failure to point • t such departures shall not relieve Contractor from its responsibility to comply with the C •. tract and Documents. Project Manager or Consultant shall .review and accept or reject with comments, = hop Drawings within fourteen (14) calendar days from the date received. Project Manager'-. or Consultant's approval of Shop Drawings will be general and shall not relieve Contractor - responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and constru on of the Work, nor for the furnishing of materials or Work required by the Contract Documen and not indicated on the Shop Drawings. No Work called for by Shop Drawings shall be p- ormed until said Shop Drawings have been approved by Project Manager and/or Consultan Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on e Shop Drawings. No approval will be given to partial submittals of Shop Drawin, - for items which interconnect and/or. are interdependent where necessary to properly evalu e the design. It is Contractor's responsibility to assemble the Shop Drawings for all such int connecting and/or interdependent items, check them and then make one submittal to Proje Manager and/or Consultant along with its comments as to compliance, noncompliance, or f= -tures requiring special attention. If catalog sheets or prints of manufacturers' stan and drawings are submitted as Shop Drawings, any additional information or changes -n such drawings shall be typewritten or lettered in ink. The minimum size for shop drawings shall be 1" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed o 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 ev ry detail, including locationof the Work. Materials, gauges, methods of fastening and spa g of fastenings, connections with other work, cutting, fitting, drilling and any and all other cessary information per standard trade practices or as required for any specific purpose sh 1 be shown. Where professional calculation and/or certification of performance criteria of materials, systems, and or equipment ar- equired, the Project Manager and/or Consultant are entitled to rely upon the accuracy and • • mpleteness of such calculations and certifications submitted by the Contractor. Calculatio :, 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 approv- at the job site at all times. 44. Product Data Contractor sh - submit four (4) copies of product data, warranty information and operating and maintenance anuals. Each copy must be marked to identify applicable products, models, options an other data. Contractor shall supplement manufacturer's standard data to provide informati• unique#o'the Work: ._ Contr- tor shall only submit:pages that are..pertinent...Submittels shall be marked to identify perti % ertt'produds,•with references to':the specificatiops -and the 7d.OijiraCt Documents: Identify -= re rence 'standards, performance :characteristics -.and capacities; wiring and piping diagrams d controls, component parts, finishes, dimensions and required clearances. Contractor shall submit as draft of all product data, warranty information and operating and maintenance manuals at 50% completion of construction. 38 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 45. Samples Contractor shall submit samples to illustrate the functional characteristics of the prod t(s). Submittals shall be coordinated for different categories of interfacing Work. Contract 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 : nd one permit set of the Contract Documents, including, but not limited to, all Drawings, Sp cifications, shop' drawings, amendments, Change Orders, RFIs, and Field Directives, as ' ell as all written interpretations and clarifications Issued by the Project Manager or Consult- t, in good order and annotated to show all changes made during construction. The reco documents shall be continuously updated by Contractor throughout the prosecution of the ork to accurately reflect all field changes that are made to adapt the Work to field conditio• s, changes resulting from Change Orders, Construction Change Directives, and Field Dir tives as well as all written interpretations and clarifications, and all concealed and buried stallations of piping, conduit and utility services. Contractor shall certify the accuracy of the pdated record documents. As a condition precedent to City's obligation to pay Contractor, th ontractor shall provide evidence, satisfactory to the Project Manager and the Consultant, th Contractor is fulfilling its obligation to continuously update the record documents. All buri items, outside the Project(s) site(s), shall be accurately located on the record documents - : to depth and in relationship to not less than two (2) permanent features (e.g. interior or exter •r wall faces). The record documents shall be clean and all changes, corrections and dime► ions shall be given in a neat and legible manner in red. The record documents shall b available to the City and the Consultant for reference. Upon completion of the Work - d as a condition precedent to Contractor's entitlement to final payment, the record doc ents shall be delivered to the Project Manager or Consultant by the Contractor. The Record .et of Drawing shall be submitted in both hard copy and as electronic plot files. 47. Su • • lemental Drawin s s and Ins ctions The Project Manager or Consultar shall have the right to approve and issue supplemental instructions setting forth written • ders, instructions, or interpretations concerning the Contract Documents or its performance provided such Supplemental Instructions involve no change in the Contract Documents Pri = or the Contract Documents Time. Project Manager or Con Itant shall have the right to modify the details of the plans and specifications, to suppl ent the plans and specifications with additional plans, drawings or additional information =s the Work proceeds, all of which shall be considered as part of the Contract Document In case of disagreement between the written and graphic portions of the Contract Docume s, the written portion shall govern. 48. Contractor F nished Drawin • s The Contra Documents may require the Contractor to furnish design, shop and/or as -built drawings • epending on the nature and scope of the Work to be performed. The following applies t , the different types of drawings. The P oject.Manager and/or -Consultant shall, after review of the drawings, initial and mark the dra ings 'in brie of the following manners: ACCEPTED •s Noxcorrection required.. PROCEEI3 AS cOT2itECTED = 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. • 39 Hadley Park Youth Center, B-35883A I1B No.: 12-13-028 SUBSTITUTED 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 :n omissions in the drawings. 49. Substitutions Substitutions will only be considered after the award of the Contract. Whenever aterials or equipment are specified or described in the Contract Documents by using t - name of a proprietary item or the name of a particular supplier, the naming of the ite is intended to establish the type, function and quality required. Unless the name is f owed by words indicating that no substitution is permitted, materials or equipment of oth suppliers may be accepted by Project Manager if sufficient information is submitted by C • tractor to allow City and Consultant to determine that the material or equipment proposed • equivalent or equal to that named. Requests for review of substitute items of material a - 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 materia • r equipment, Contractor shall make application to the Consultant for acceptance there • certifying that the proposed substitute shall perform adequately the functions and ach' ve 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 e evaluation and acceptance of the proposed substitute will not prejudice Contractor's ac evement of Substantial Completion on time, whether or not acceptance of the substitute f• use in the Work will require a change in any of the Contract Documents to adapt the desi• to the proposed substitute and whether or not incorporation or use by the substitute in con ection with the Work is subject to payment of any license fee or royalty. All variations of th proposed substitute from that specified will be identified in the application and available ma tenance, repair and replacement service shall be indicated. The application also shall contn an itemized estimate of all costs that will result directly or indirectly from acceptance of ch substitute, including costs for redesign and claims of other contractors affected by the r- ulting change, all of which shall be considered by the Project Manager and the .Consult- t in evaluating the proposed substitute. The Project Manager or Consultant may requir= the Contractor to furnish at Contractor's expense additional data about the proposed substitu If a specific means, method, t hnique, sequence or procedure of construction is indicated in or required by Contract Docu nts, Contractor may furnish or utilize a substitute means, method, technique, sequence or •rocedure of construction acceptable to the Consultant, if the Contractor submits suffi' ent information to allow the Consultant to determine that the substitute proposed is equivalen • o that indicated or required by the Contract Documents. The procedures for submission to a review by the Consultant shall be the same as those provided herein for substitute materia and equipment. The Consulta shall be allowed a reasonable time within which to evaluate each proposed substitute. e Consultant and the City shall be the sole judges of the acceptability of any substitute. o substitute shall be ordered, installed or utilized without the City's and the Consulta ' 's prior written acceptance which shall be evidenced by either a Change Order or an approv • submittal. The City and the- Consultant -may require the Contractor to furnish at Cont ctor'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 may -require the Contractor"ta"`Miburse the City for the charges bf the .Consultant 'for•' valuating the proposed substitute: Contractor shall maintain sole liability and responsibility fog -ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 40 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 50. City Furnished Drawings The City, at its sole discretion, may furnish design,drawings. It shall be the sole responsibility the Contractor to bring to the immediate attention of the Project Manager and the Consul any discrepancies between the drawings and existing conditions, excluding hiddeor unforeseen conditions, discovered prior to commencing and during the Work. The Co actor shall be solely responsible for verifying the accuracy of the drawings prior to comme ing the Work, and shall be responsible for any errors or revisions of the Work, which might ► -ve been avoided by notifying the City prior to commencement. This shall also apply to any evisions or omissions identified by the Contractor. The Contractor shall submit all requests f-r information entitled Request for Information (RFI). The City shall respond to all RFI's in writi The Contractor shall have no basis for any claim for additional costs resultin from their failure to identify any required revisions, omissions and/or errors, not identified in riting 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 mutu y explanatory, and should be used together and not separately. During the performance the Project(s), should any errors, omissions, conflicts, ambiguities or discrepancies be and in the drawings and/or specifications, the Project Manager or the Consultant will c = rify in writing the intent of the drawings and/or specifications and the Contractor agrees to bide by the Project Manager's or Consultants Interpretation and perform the Work in accord- ce with the decision of the Project Manager or the Consultant. In such event, the Contrac •r will be held to have included in its Contract Price the best materials suitable for the purpos and/or methods of construction. The drawings are to be addressed as a comple set and should not be used in parts. Contractor is responsible to coordinate the set of rawings with all trades to ensure that the Work will be performed correctly and coordinateamong the trades. Contractor shall not scale the drawings. 52. Product and Material Testing All tests shall be performed by the Contr or, except where otherwise specifically stated in the Contract Documents. All costs for t-:ting 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 maay, in its sole and absolute discretion, test materials and products at its own cost. However, hould such materials or products fail to pass the test and/or meet the requirements of the Co tract 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 frpfn 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, Managger or. Consultant may at times issue field directives to the Contractor based on visits to th-: Project(s) Site(s). Such Field Directives shall be issued in writing and the Contractor.:s ► all, berequired to comply with the directive. Where the Contractor believes that the dtrectty ..is outside the�scope of tff Work, the Contractor: shall,; within 48 hours,not e .Project -nager or -Consultant that the Work is outside the scope of the Work. At that time he Field D' ective may be rescinded or the. Contractor may be required to submit a request for a chan • - to the Contract. Where the Contractor is notified of the City's position that the Work is wit the scope and the Contractor disagrees, the Contractor. shall notify the Project Manager or onsultant that the Contractor reserves the right to make a claim for the time and monies ased on the Field Directive. At no time shall the Contractor refuse to comply with the directive. 41 Hadley Park Youth Center,13.35883A TM No.: 12-13-028 SUBSTITUTED 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 eserves and shall have the right, from time to time to make such increases, decreases or oth changes in the character or quantity of the Work under the Contract Documents as may b considered necessary or desirable to complete fully and acceptably the proposed constructi,, of a Project in a satisfactory manner. Any extra or additional Work within the scope of th= roject(s) must be accomplished by means of appropriate Field Orders and Supplemen'=1 Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contain n a written document, executed by the parties hereto. This section shall not prohibit the iss -rice of Change Orders executed only by City. 55. Continuing the Work Contractor shall carry on the Work and adhere to the progres schedule during all disputes or disagreements with City, including disputes or disagreem is conceming a request for a Change Order, a request for a change in the Contract pr' e or Contract time for completion. The Work shall not be delayed or postponed pen • ng resolution of any disputes or disagreements. 56. Change Orders Changes in the quantity or character of the Work hin the scope of the Project(s) which are not properly the subject of Field Orders or Supplem- tal Instructions, including all changes resulting in changes in the Contract Price,' or the Co act Time, shall be authorized only by Change Orders approved in advance and issued in a ordance with the provisions of the City. In the event satisfactory adjustment can •t be reached for any item requiring a change in the Contract Price or Contract Time, and a hange Order has not been issued, City reserves the right at its sole option to either terrain- e the Contract as it applies to the items in question and make such arrangements as may e deemed necessary to complete the disputed work; or submit the matter in dispute to t Director as set forth in Article 91, Resolution of Disputes. During the pendency of the dis'- te, and upon receipt of a Change Order approved by City, Contractor shall promptly proc ed with the change in the Work involved and advise the Project Manager, Consultant, and i rector in writing within seven (7) calendar days of Contractor's agreement or disagreem= t with the method, if any, provided in the Change Order for determining the propose • adjustment in the Contract Price or Contract Time. On approval of any C. tract change increasing the Contract Price; Contractor shall ensure that the performance bo : and payment bond (if applicable) are increased so that each reflects the total Contract Pric= as increased. Under circumst- ces determined necessary by City, Change Orders may be issued unilaterally -:: by.City... ..-.. The City re -ernes the right to order changes which may result in additions to or reductions from .ths1tno t, type or.yalue of the.Work shown in the Contract and which are within the general '`gc6—" : he Contract Documents `Any`s'uch changes wjjj be known as Extra Wont:- ': No ra Work shall be performed except pursuant to written orders of the Project Manager or Co sultant expressly and unmistakably indicating his/her intention to treat the Work described t•erein as Extra Work. In the absence of such an order, the Project Manager or Consultant may irect, 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 42 • Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 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") be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Pro' ct Manager to cancel such order, direction or requirements promptly; (2) affording an oppo nity to the Project Manager to keep an accurate record of materials, labor and other items in • Ived; and (3) affording an opportunity to the City to take such action as it may deem advisab in light of such disputed Work. 57. Chance Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) the Contract representing the reasonable cost or the reasonable financial savings relate • o the change in Work. Extra Work may also result in an equitable adjustment in the 'C • tract schedule for performance for both the Extra Work and any other Work affected by the ra Work. The City shall initiate the Extra Work procedure by a notice to Contract • outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extr- Work, the Contractor is required to immediately start the Extra Work. The Contractor is req ' ed to obtain permission for an extension to start the Extra Work if it is beyond the Contra •r's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager ith a detailed Change Proposal Request, using City Forms CPR Parts A-C (available on the CIP webpage), which shall include requested revisions to the Contract, including but not liited to adjustments in this Contract Price and Contract Time. The Contractor is required to •rovide sufficient data in support of the cost proposal demonstrating its reasonableness. In herance of this obligation, the City may require that the Contractor submit any or all of the fo owing: a cost breakdown of material costs, labor costs, labor rates by trade, and Work cia- ification and overhead rates in support of Contractor's Change Proposal Request. The ontractor's Change Proposal Request must include any schedule revisions and an explanon of the cost and schedule impact of the Extra Work on the Project(s). If the Contractor fail to notify the Project Manager or Consultant of the schedule changes associated with the Extr. Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra •rk will not have any scheduling consequences. The Contractor agrees the Change Propos< Request will in no event include a combined profit and overhead rate in excess of ten (10% percent of the direct labor and material costs, unless the Project Manager determines that • e complexity and risk of the Extra Work is such that an additional factor is appropriate. Tre Change Proposal Request may be accepted or modified by negotiations between the Con -ctor and the City. If an agreement on the Extra Work is reached, both parties shall e -cute the Extra Work order in writing via a Change Order. The execution by the Contractor •f the Change Order shall serve as a release of the City from all claims and liability to the • ntractor relating to, or in connection with, the Extra Work, including any impact, and any prio acts, neglect or default of the City relating to the Extra Work. Upon execution of a c' ange order that affects the Contract Time the Contractor shall, within five (5) business days s • mit a revised Project schedule reflecting the changes against the baseline schedule. 58. No Oral Cha es Except to tre extent expressly set forth in the Contract, no change- in or- modification, terminatio or discharge of the Contract or, in any .f9rmwhatsoever;-. shall be valid or enforcea - e.: unless :it is, irL:.writing ,.and:.signed_by. ;the parties^;charged, therewith or their: duly authori ed represen fiGe. .- 59. .Val e of Chan • e Order Work T' e value of any Work covered by a Change Proposal Request or of any claim for an increase r decrease in the Contract Price shall be determined in one of the following ways: 43 Hadley Park Youth Center, 13-35883A 1TB No.: 12-13-028 SUBSTITUTED • 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 lump sum which Contractor and Project Manag acknowledge contains a component for overhead and profit. • On the basis of the "cost of Work," determined as provided in this, p s a Contractor's fee for overhead and profit which is determined as provided n this Article. • The term "cost of Work" means the sum of all direct costs necessarily i urredand paid by Contractor in the proper performance of the Work described i ' 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 e locality of the Project, shall include only the following items and shall not inclu' - any of the costs itemized in herein. Payroll costs for employees in the direct employ of Contractor in the described in the Change Proposal Request under schedules of job c by Project Manager and Contractor: Payroll costs for employees n Work covered by the Change Proposal Request shall be apportio spent on the Work. Payroll costs shall include, but not be limi the cost of fringe benefits which shall include social secur excise and payroll taxes, workers' or workmen's compensa bonuses, sick leave, vacation and holiday pay applica include superintendents and foremen at the site. The regular working hours, on Sunday or legal holidays s authorized by City. Cost of all materials and equipment furnished an transportation and storage thereof, and manu therewith. All cash discounts shall accrue Contractor with which to make payments, in All trade discounts, rebates and refunds equipment shall accrue to City and C obtained. Rentals of all construction rented from Contractor or others in the advice of Consultant and t dismantling and removal there rental of any such equipment, necessary for the Work. If required by the City, Contractor and shall de be accepted. If the Subcontractor's co of the Work. A Documents ins p ormance of the Work ssifications agreed upon employed full time on the ed on the basis of their time d to, salaries and wages plus contributions, unemployment, n, health and retirement benefits, n thereto. Such employees shall penses of performing the Work after be included in the above to the extent incorporated in the Work, including costs of cturers' field services required in connection to Contractor unless City deposits funds with hich casethe cash discounts shall accrue to City. and all returns from sale of surplus materials and ntractor shall make provisions so that they may be uipment and machinery and the parts thereof whether ccordance with rental agreements approved by City with costs of transportation, loading, unloading, installation, all in accordance with the terms of said agreements. The achinery or parts shall cease when the use thereof is no longer ntractor shall obtain competitive bids for the Change Order Work. er such competitive bids to the City who will determine which bids will bcontractor is to be paid on the basis of cost of the Work plus a fee, the of the Work shall be determined in the same manner as Contractor's cost Subcontractors shall be subject to the other provisions of the Contract r as applicable. The term "co of the Work" shall include any of the following: ost of special consultants, including, but not limited to, consultants, architects, ...testing laboratories, andsurveyors employed for services specifically related to the 'performance of.the:Work•described:inthe Charge 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 44 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED • J owned by the workmen, which are consumed in theperformance of the Work, an less market value of such items used but not consumed which remains the prop of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is cable, imposed by any govemmental authority. • Deposits lost for causes other than Contractor's negligence; royalty payents and fees for permits and licenses. • The cost of utilities, fuel and sanitary facilities at the site. • Receipted minor expenses such as telegrams, long distanceephone calls, telephone service at the site, expressage and similar petty cash i ms in connection with the Work. • Cost of premiums for additional bonds and insurance required ecause 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 ,- icers, executives, principals (of partnership and sole proprietorships), general m- agers, consultants, architects, estimators, lawyers, auditors, accountants, pur asing and 'contracting agents, expediters, timekeepers, clerks and other p= sonnel employed by Contractor whether at the site or in its principal or a bran• office for general administration of the Work and not specifically included i ' the agreed -upon schedule of job classifications., all of which are to be co = idered administrative costs covered . by Contractor's fee. • Expenses of Contractor's principal and •ranch offices other than Contractor's office at the site. • Any part of Contractor's capital ex• nses, including interest on Contractor's capital employed for the Work and charg =- against Contractor for delinquent payments. • Cost of premiums for all Bond and for all insurance whether or not Contractor is required by the Contract Doc ents to purchase and maintain the same, except for additional bonds and insure e required because of changes in the Work. • Costs due to the negligen - or neglect of Contractor, any Subcontractors, or anyone directly or indirectly emp yed by any of them or for whose acts any of them may be liable, including but •t limited to, the correction of defective Work, disposal of materials or equipm t wrongly supplied and making good any damage to property. • Other overhead or • eneral expense costs of any kind and the cost of any item not specifically and e pressly included in this Article. Contractor's fee allowed Contractor for overhead and profit shall be determined as follows: • A mutually ceptable fixed fee or if none can be agreed upon, • A fee ba - • on the following percentages of the various portions of the cost of the Work: • Wher the Contractor self -performs the Work, Contractor's fee shall not exceed ten per nt (10%). • W ere a sub -contractor performs the Work, Contractor's fee shall not exceed seven d 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-payablefor special consultants or supplemental costs. Co ractor's:overheatl is considered to cover all indirect costs and shall a so -include the costs of i r urance and bonds. 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 45 Hadley Park Youth Canter, B-35883A 1TB No.: 12-13-028 SUBSTITUTED j the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor ill submit in a form acceptable to Project Manager or Consultant an itemized cost brea •own together with the supporting data. Where the quantity of any item of the Work that is covered by a unit price is ineased or decreased by more than twenty percent (20%) from the quantity of such Work in•' ated in the Contract Documents, an appropriate Change Order may be issued to adjust unit price, if warranted. Whenever a change in the Work is to be based on mutual acceptance of a mp sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall bmit an initial cost estimate acceptable to the Project Manager or Consultant. • Breakdown shall list the quantities and unit prices for meter'. Is, labor, equipment and other items of cost. ■ Whenever a change involves Contractor and one or , ore Subcontractors and the change is an increase in the Contract Price, overt -ad and profit percentage for Contractor and each Subcontractor shall be itemize - separately. • Each Change Order must state within the bod of the Change Proposal Request whether it is based upon unit price, negotiated I p sum, or "cost of the Work." 60. Extra Work Directive If the parties fail to reach agreement with respect • the proposed Extra Work, or in case or extenuating circumstances, the City may neverthe s issue a directive to the Contractor to do the proposed Extra Work. Immediately upon re -ipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work se orth in that directive. Except as provided below, the Contractor all be entitled to initiate a dispute pursuant to the Article 91, Resolution of Disputes, by fu ' ishing a written statement to the Project Manager within five (5) days of the Extra Work ►rirective, based upon any aspect, of such Extra Work which the Contractor disputes. Such c ispute must relate to specific matters raised or specific matters reserved by the Contracto in its proposal and have not been resolved prior to the issuance of the Extra Work Dire 4ve. The written statement must set forth all details of the Contractor's claim including the - anner that the disputed item was specified in the Contractor's proposal. During the penden' of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extr- ork Directive unless otherwise advised by the Project Manager's written instructions. In th= event there is a dispute as to price, the Contractor will be paid in accordance with the fol .wing paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for adjustment to the value of the Contract. Compensation for a Work in the event of the parties' inability to agree upon a mutually satisfactory price all be as follows: • No pay' ent will be made to the Contractor for Extra Work in excess of "Actual and Nece ary Cost" which is to say time and materials plus a mark-up not to exceed 10%. Thi will not vary, whether the Extra Work .is performed by the Contractor or his s •contractor. Anyexceptiohs must be approved by the Project Manager. "Actua and Necessary+Net.:Cost" shall be deemed to include the .actual and necessary cost of the' - ra Work for (i) labor which includes wages;_payroll deductions, if" any, made by the Co tractor as employer pursuant to bona fide'collectiVV bargaininTlabbr agreements applicable t' the Work; (ii) contributions to the State.. Unemployment Insurance Law, (iii) excise taxes ursuant 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 46 Hadley Park Youth Center, B-35883A PCB No.: 12-13-028 SUBSTITUTED for the same (including small power tools), as determined by the Project Manager; and (vi) an 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 provisi• s of this Article, the Contractor shall at the end of each day furnish to the City such docum= tation as the City may require to support all the costs of the Extra Work. If payments on ac' aunt are desired as the Extra Work progresses, the Contractor shall render an itemiz- • statement showing the total amount expended for each class of labor and for each kind o material on account of each item of Work as a condition precedent to the inclusion of suc► payment in.a partial estimate. Upon the request of the City, the Contractor shall produce for = udit by the City, books, vouchers, collective bargaining labor agreements, records or other • ', cuments showing the actual cost for labor and materials. Such documents shall not be bin•g on the City. The Project Manager shall determine any questions or dispute as to the-corre,. cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article ich in the opinion of the Project Manager, it is impracticable to have performed by the Co actor's own employees, the Contractor will, subject to the approval of the Project Manag- , be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) •, -rcent to cover the Contractor's superintendence, administration and other overhead expens=- Payment of any amount under this Article shall be subj- to subsequent audit and approval, disapproval, modification or revision by representatives • the City. 61. As -Built Drawings During the Work, Contractor shall maintain reco .s of all deviations from the Drawings and Specifications as approved by the Project Man- 2er or Consultant and prepare As -Built Record Drawings showing correctly and accurately all • anges and deviations made during construction to reflect the Work as it was actually constr.• cted. It is the responsibility of the Contractor to check the As -Built Drawings for errors and •missions prior to submittal to the City and certify in writing that the As -Built Drawings are c• rect and accurate, including the actual location of all internal piping, electrical/signal condu' in or below the concrete floor. Indicate the size, depth and voltage in each conduit. Legibly mark to record actual con , uction: On -site structures and site Work as follows: • Depths of various el- ents of foundation in relation to finish first floor datum. • All underground p'-ing and ductwork with elevations and dimensions and locations of valves, pull bo s, etc. Changes in location. Horizontal and vertical locations of underground ilities and appurtenances, referenced to permanent surface improvemen . Actual installed pipe material, class, etc. • Location • internal utilities and appurtenances concealed in the construction, referenc: • to visible and accessible features of the structure. Air conditioning ducts with to ations of dampers, access doors, fans and other items needing periodic mai nance. • Fi- • changes in dimensions and details. • • anges 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. Project."Manager's _Eor;,Consultant's' schedule • changes according to�ontractor's record sand 'shop Ai —kings. pecifications 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 47 Hadley Perk Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, elect' 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 s -led by a Florida Licensed Professional Surveyor and Mapper (PSM). 62. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear a dentification card provided by the Contractor. The identification card shall bear the employe picture, name, title and name of the employer. Failure by a Contractor's employee to wear ch identification may result in his removal from the Work until such time as the identifica ' n card is obtained and worn. Such removal shall not act as a basis for the Contractor o submit a claim for an extension of time. 63. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the • ompt 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 Wo pursuant to the requirements of the Contract Documents. The Contractor shall respond to ' e City within seven (7) calendar days of receipt of such request with either the removal and eplacement of such personnel or written. justification as to why that may not occur. The C' shall make the final determination as to the removal of unsatisfactory personnel from Work a signed by City. The Contractor agrees that the removal of any of its employees does not requir- the termination or demotion of employee(s). 64. Substantial Com • letion Punch List & inal Com • letion The Work shall be substantially comp!= e when the Project Manager, in the reasonable exercise of his/her discretion determin that the Work is complete and there are no material and/or substantial variations from th ontract Documents and the Work is fit for its intended purpose. Upon Substantial Comple 'on, the Project Manager and the Contractor shall sign the Substantial Completion Inspecti• 'Form. The signing of this form shall not relieve the Contractor from its obligation to ' omplete the Project When the Contractor believ -s that the Work is substantially complete, the Contractor shall request in writing that th- 'roject Manager or Consultant inspect the Work to determine if Substantial Completion =s been achieved. No request for Substantial Completion inspection is to be submitted until t - Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Use, •r a Temporary Certificate of Occupancy or any other approvals from agencies having ju ' diction over the Work. The Project Manager or Consultant shall schedule the date and tim= for any inspection and notify the Contractor and any other parties deemed necessary. Du ng this inspection, the Project Substantial Completion Inspection Form will be completed as ecessary. Any remaining Construction Work shall be identified on this form and shall be knas Punch List Work. The Punch List shall be signed by the Project Manager and/or C sultant, and the Contractor confirming that the Punch List contains the_ item(s).. necess- to complete the Work. The failure or refusal of the Contractor to sign the Project Subs • ntial Completion Inspection Form or Punch List shall not relieve the Contractor from co •lying with -the -:findings of -the Project SubsFltial-Completion Inspection and completing -the -- w`=' P • jest to the satisfaction of the City .. -. here 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 48 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED 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 reaso = • ly required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuan - of final payment, the Project Manager or Consultant shall notify the Contractor in writing of t - closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form which s 1 establish the Date of. Substantial Completion. Once substantial completion is achieved e City shall be responsible for security, maintenance, heat, utilities, damage to the Project e, and, insurance; and shall list all Work yet 'to be completed to satisfy the requirem is of the Contract Documents for Final Completion. The failure to include any items of corr= tive Work on such list does not alter the responsibility of Contractor to complete all of the Wo in accordance with the Contract Documents. Warranties required by the Contract Docume shall commence on the date of Final Acceptance completion of the Work or designated po on thereof unless otherwise provided in the Contract Documents. 65. Acceptance and Final Payment Upon receipt of written notice from Contractor that the W•- k is ready for final inspection and acceptance, Project Manager and/or Consultant shall, in ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consulta find the Work acceptable, the requisite documents have been submitted and the require • ents of the Contract Documents fully satisfied, and all conditions of the permits and r- ulatory agencies have been met, a Final Certificate for Payment shall be issued by Proje anager, stating that the requirements of the Contract Documents have been performed an the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate f• Payment, Contractor shall deliver to the Project Manager or Consultant a final release of - liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifyi g that all suppliers and Subcontractors have been paid in full and that all other indebtedness onnected with the Work has been paid, and a consent of the surety to final payment; the fin corrected as -built drawings; operations and maintenance data, and the final bill of materials if required, and payment application. Contractor shall deliver the written Contractor's warran and all Manufacturers' warranties prior to issuance of the Final Certificate for Payment. Prior to approval of final p- ment the Project Manager shall provide written confirmation to the Contractor that any and •. training required by the Contract Documents has been provided to the satisfaction of the P • • ject Manager. If, after the Work ha •een substantially completed, full completion thereof is materially delayed through no fault of ontractor, and Project Manager or Consultant so certifies, City shall, upon such certificatio of Consultant, and without terminating the Contract Documents, make payment of th= •alance due for that portion of the Work fully completed and accepted. Such payment sh be made under the terms and conditions governing final payment, except that it shall not c• stitute a waiver of claims. - . The ac - ptance of final payment shall constitute a. waiver of. all claims by Contractor, except . those.. eviously_madein strlct.acpordance with the}prpyjsions of the Contract and identified by..:.,. Con-ctor-as unsettled at the time' of the applicatiorflfi r final payment. 66. ' PES Re • uirements - 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 49 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 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) 416-12 or visit the State of Florida website at htt•://www.de•.state.fl.us/water/stormwater/nid-s/. Contractor is responsible for obtaining, completing and paying for any required N " • ES 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 forc majeure as that term is interpreted under Florida law, the City may allow an extension of ti ' e reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract currents due to a force majeure conditioh, the Contractor shall request a time extension fro, the City within two (2) working days of said force majeure occurrence. Any time extensn shall be subject to mutual agreement and shall not be cause for any claim by - Contractor for extra compensation unless additional services are required. Do Not I lude inclement weather except as permitted by Florida law and may not include the :cts or omissions of Sub- contractors. 68. Extension of Time Any reference in this section to the Contractor shall be seemed to include suppliers, and permitted Sub -Contractors, whether or not in privities of ontract with the Contractor for the purpose of this article. If the Contractor is delayed at any time during the p gress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglec r failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract : all be extended by the City subject to the following conditions: • The cause of the delay arises aft issuance of the NTP and could not have been anticipated by the Contractor by easonable investigation before proceeding with the Work; • The Contractor demonstrat- : that the completion of the Work will be actually and necessarily delayed; • The effect of such cau cannot be avoided or mitigated by the exercise of all reasonable precaution ; efforts and measures whether before or after the occurrence of the cause of delay Note: A delay meetinall the conditions of the above, shall be deemed an Excusable Delay. The City shall only cons', -r weather related delays where adverse weather directly impacts the critical path of the Pr. ect Schedule. However, the City will also factor in other factor in considering an exten on of time, including the length of the weather delay, and the adverse weather conditions they relate to typical weather pattems during the period the Work is being performed. The City res- es the right to rescind or shorten any extension previously granted if subsequently the Project Manager determines that anyinformation provided by the Contractor in support • a request for an extension of time was erroneous; provided however, that such informati• or'facts, if known; would have resulted in a Genial of the request for an Excusable Delay.. otwithstandmg.the above, the Project 'Manner will not rescind or shorten any exten on previously granted if the 'Contractor acted in reliance upon the granting of such exte sion and such extension was based on information which, although later found -to have b- •n erroneous, was submitted in good faith by the Contractor. he request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Contractor knows or should have known of any cause for which it may claim an 50 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 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 a expected duration of the delay and its effect on the completion of that part of the Work ident ed in the request. The Project Manager may require the Contractor to furnish such add onal information or documentation, as the Project Manager shall reasonably deem nece .ary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor=ffirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contra or's request for Excusable Delays in a reasonable period of time; however, the Contractor s all be obligated to continue to perform the Work required regardless of whether the Project : nager has issued a decision or whether the Contractor agrees or disagrees with that decisio With regard to an injunction, strike or interference of public origin wh may delay the Project, the Contractor shall promptly give the Project Manager a copy of t - injunction or other orders and copies of the papers upon which the same shall have bee granted. The City shall be afforded the right to intervene and become a party to any suit • proceeding in which any such injunction shall be obtained and move to dissolve the same or •therwise, as the City may deem proper. The permitting of the Contractor to proceed with the Wo subsequent to the date specified in the Contract (as such date may have been extended ..y a change order), the making of any payment to the Contractor, the issuance of any Chane Order, shall not waiver the City's rights under the Contract, including but not limited to )he assessment of liquidated damages or declaring Contractor in default. 69. Notification of Claim Any claim for a change in the Contract Ti or Contract Price shall be made by written notice by Contractor to the Project Manager a to Consultant within ten (10) business days of the commencement of the event giving rise the claim and stating the general nature and cause of the claim. Thereafter, within twenty 0) calendar days of the termination of the event giving rise to the claim, written notice off'4the extent of the claim with supporting information and documentation shall be provided yriless the. Project Manager or Consultant allows an additional period of time to ascertain more6accurate data in support of the claim and such notice shall be accompanied by Contractor's rrtten notarized statement that the adjustment claimed is the entire adjustment to which a Contractor has reason to believe it is entitled as a result of the occurrence of said event. Il claims for changes in the Contract Time or Contract Price shall be determined by the Proj t Manager ,or Consultant in accordance with Article 71, Contractor's Damages for Delay; !rme Extensions Only hereof, if City and Contractor cannot otherwise agree. It is express) and specifically agreed that any and all claims for changes to the Contract time or Contract pr e shall be waived if not submitted in strict accordance with the requirements of this Article. The Contract e will be extended in an amount equal to time lost on critical Work items due to delays beyo d the control of and through no fault or negligence of Contractor if a claim is made therefore :s provided in this Article. Such delays shall include, but not be limited to, acts or neglect ,y any separate contractor employed by City, fires, floods, labor disputes, epidemics, ,_._abnor' al weather conditions or acts of God. 70. xtension of Time noftumulative 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. 51 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED 71. Contractor's Damages for Delay; Time Extensions Only No claim for damages or any claim, other than for an extension of time, shall be made '-r asserted against City by reason of any delays except as provided herein. Contractor shal of be entitled to an increase in the Contract price or payment or compensation of any kin• ' om City for direct, indirect, consequential, impact or other costs, expenses or damages, i luding but not limited to costs of acceleration or inefficiency, arising because of delay, • ruption, interference or hindrance from any cause whatsoever, whether such delay, • isruption, interference or hindrance be reasonable or unreasonable, foreseeable or unfo "seeable, or avoidable or unavoidable; provided, however, that this provision shall not precl e recovery of damages by Contractor for actual delays due solely to fraud, bad faith or activ- interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled o to extensions of the Contract Time for completion of the Work as the sole and exclusi remedy for such resulting delay, in accordance with and to the extent specifically provided • ove. Except as may be otherwise specifically provided for in the Contract D• uments, the Contractor agrees to make no claim for damages for delay of any kind in the p; ormance of the Contract Documents whether occasioned by any act or omission of the City • r any of its representatives (whether it is an Excusable Delay or otherwise) and the Contrac •r agrees that any such claim shall be compensated solely by an extension of time to comp) = performance of the Work. In this regard, the Contractor alone hereby specifically assume he risk of such delays, including without limitation: delays in processing or approving shop dr ngs, samples or other submittals or the failure to render determinations, approvals, replies, spections or tests of the Work, in a timely manner. Contractor shall not receive moneta r compensation for City delay. Time extensions may be authorized, in writing, by the City in ertain situations. 72. Excusable Delay. Non-Compensable Excusable Delay is (i) caused by circumsta es beyond the control of Contractor, its Subcontractors, suppliers and vendors, and is -- o caused by circumstances beyond the control of the City or Consultant, or (ii) is cau . d jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors and • the City or Consultant. Then Contractor shall be entitled only to a time extension and no c• pensation for the delay. Contractor is entitled to a time extensi• of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor all document its claim for any time extension as provided in Article 69, Notification of Claim, - reof. Failure of Contractor to comply th Article 69; Notification of Claim hereof as to any particular event of delay shall be de- med conclusively to constitute a waiver, abandonment or relinquishment of any and all aims resulting from that particular event of delay. 73. Lines and Grades The Contractor shall, -• its own expense, establish all working and construction lines and grades as required om the Project control points set by the City, and shall be solely responsible for the : curacy thereof. 74. Defective Wor Project Mana Project Ma Consultan Wok an conse pers. nel. r or Consultant shall have the authority to reject or disapprove Work which---- ger or Consultant finds to be defective. If required by Project Manager or Contractor shall promptly either correct all defective Work or remove such defective: replace it with non -defective Work. Contrior- shall -bear --all direct, indirect and- ential costs of such removal or corrections including cost of testing laboratories and S • uld Contractor fail or refuse to remove or correct any defective Work or to make any cessary repairs in accordance with the requirements of the Contract Documents within the ime indicated in writing by Project Manager or Consultant, City shall have the authority to cause 52 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED the defective Work to be removed or corrected, or make such repairs as may be necessary •t Contractor's expense. Any expense incurred by City in making such removals, correction • or repairs, shall be paid for out of any monies due or which may become due to Contractor, o may be charged against the Performance Bond,. In the event of failure of Contractor to , ke 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 per!• of time as may be prescribed by the terms of any applicable special warranty required b the Contract Documents, or by any specific provision of the Contract, any of the Wor is found to be defective or not in accordance with the Contract Documents, Contractor, aft-. receipt of written notice from City, shall promptly correct such defective or nonconforming ork within the time specified by City without cost to City, to do so. Nothing contained herei shall be construed to establish a period of limitation with respect to any other obligation whicr Contractor might have under the Contract Documents including but not limited to any claim r arding latent defects. Failure to reject any defective Work or material shall not in any wa • revent later rejection when such defect is discovered, or obligate City to final acceptance. 75. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to acce, defective or non -conforming Work instead of requiring its removal and correction. In suc instances, a Change Order will be issued to reflect an appropriate reduction in the Contr- o, sum, or, if the amount is determined after final payment, any difference in the amount shall oe paid to the City by the Contractor. 76. Uncovering Finished Work The Project Manager's, Inspector's and/or Con- Itant's right to make inspections shall include the right to order the Contractor to uncover or - ke down portions of finished Work. The Project Manager /or Consultant shall notify the Co actor in writing concerning all uncovered finished Work. Should the Work prove to be accordance with the Contract Documents, the uncovering or taking down and the repl cing and the restoration of the parts removed will be treated as Extra Work for the purpose •f computing additional compensation and an extension of time. Should the Work exami d prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be the expense of the Contractor. Such expenses shall also include repayment to the City '•r any and all expenses or costs incurred by it, including employee salaries or related c' st, in connection with such uncovering, taking down, replacing and restoration at the Projec -ite. 77. Correction of Work The Contractor shall prptly correct all Work rejected by the Project Manager or Consultant as defective or as failin • o conform to the Contract Documents, whether observed before or after Substantial Compl on and whether or not fabricated, installed or completed. The Contractor shall bear all cos ' of correcting such rejected Work, including the cost of the City's additional services thereb made necessary. The Contra • r 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 defe, in the Work, the Contractor will commence and prosecute with due diligence all Work n cessary to fulfill the terms of the Contract and to complete the Work within a• reasonable perio► of time, as determined by the Project Manager or Consultant, and in the event offffailure _ `.to •,: comply, the Contractor does hereby authorize the City. to proceed to have such Work done a e Contractor's expense and that the Contractor will pay the cost thereof upon demand. The ity shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurredupon 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, 53 Hadley Perk Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED all Work necessary to correct such hazardous condition when it was caused by Work of th 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 p iod of time as may be prescribed by law, by the Contract Documents, or by the terms any applicable special warranty required by the Contract Documents, any of the Work is fo d to be defective or not in accordance with the Contract Documents, the Contractor shal correct it promptly after receipt of a written notice from the City to do so. The City shall give uch notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if n essary and the Work shall be corrected to comply with the Contract Documents without cost the City. 78. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance o public streets and traffic control necessary to perform the Work under the Contra. Documents. The cost of traffic control shall be included in the Contractor's Bid. Regulations As used herein, any reference to Miami -Dade Cou regulations, permits and data, shall be synony recognized governing bodies over particular a published regulations (i.e., Manual of Uniform Roadway and Bridge Standard Index Drawl shall abide by all applicable laws, reg Maintenance of Traffic (MOT) on public s provisions as may be required for this P Maintenance of Traffic (MOT) • The Contractor shall be fully respsible for the MOT on public streets, detour of traffic (including furnishing and mainta ing regulatory and informative signs along the detour route), traffic control, and oth= provisions, throughout the Project, as required by the Manual of Uniform Traffic C trol Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing B' ok. Traffic shall be maintained according to corresponding typical traffic control det s as outlined in the previous noted standards. No street shall be completely blocked or blocked more than one-half at any time, keeping the other one-half open for tra without specific approval. • If required by th- Project Manager or Consultant, Traffic Division or FDOT or as otherwise author' ed by the Project•Manager or Consultant, the Contractor shall make arrangements •r the employment of uniformed off -duty policemen to maintain and regulate the i •w of traffic through the work area. The number of men required and the number of ours on duty necessary for the maintenance and regulation of traffic flow shall be p •vided by the City of Miami Police Department. • The C. tractor shall provide all barricades with waming lights, necessary arrow boards and gns, to warn °Motorists C the Work throughout the Project. Adequate approved de ces shall be erected and maintained by the Contractor to detour traffic. cavated or, otheFfliaterial stored.;adjacentao or artial& upon a roadway pavement shall be adequately marked for :traffic safety Tat 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 , its departments, or itspublished us and interchangeable with other as or streets, or their departments, raffic Control Devices (MUTCD), FDOT Book), permits or data. The Contractor ations, and codes thereof pertaining to eets, detour of traffic, traffic control and other ject. 54 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED 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 produce-, signed and sealed by a professional Engineer registered in the State of Flor• a, employed by the Contractor and certified under FDOT Procedure NPIL No. 62 1 10- 010. • Where excavations are to be made in the vicinity of signalized intersections, = ention is directed to the fact that vehicle loop detectors may have been emb:.ded ,in the pavement. Verify these locations by inspecting the site of the Work and b ' contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior t• any excavation. Any loop detector which is damaged, whether shown on the Plaor not, shall be repaired or replaced to the satisfaction of the Miami Dade Cou Signs and Signal Division (Phone No. 305-592-3470). • Where applicable, the Contractor shall notify the Traffic Divisi 24 hours in advance of the construction date or 48 hours in advance of constr tion within any signalized intersection. • Temporary pavement will be required over all cuts in avement areas, and also where traffic is to be routed over swale or median areas. hen the temporary pavement for routing traffic is no longer necessary, It shall be re •ved and the swale or median areas restored to their previous condition. • Pavement markings damaged during construe ion shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping • The Contractor shall take appropriat: steps to ensure that all temporary pumps, piping and hoses are protected from vehic , ar traffic and pedestrian traffic. Lane Closures • Where construction of the Pr• ect shall involve lane closures public streets, the following shall apply: • Lane closures require Lane Closure Permit, obtained two weeks prior to planned construction, with a inimum 48-hour prior notice to local police and emergency departments (some •olice jurisdictions may require considerably more notice). Lane closures of a one • ay or less duration will generally not be approved for major collector streets or for a vial streets during the hours of 7am to 9am and 4pm to 6pm weekdays. 79. Location and Da ' a • e to Existin • Facilities E • ui • ment or Utilities As far as possib all existing utility lines in the Project(s) area(s) will be shown on the plans. However, City es 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 ity lines or equipment affecting or affected by the Project. No additional payment will be -de to the Contractor because of discrepancies in actual and plan location of utilities, and da ages suffered as a result thereof. _ :The ontractor shall notify each utility company involved at least fourteen (14) calendar days pr •r. to:,the. start ;of construction to arrange for positive underground location, relocation or upport of its utility where that -utility may be in conflict withor endangered by the proposed construction Relocation of water mains "or`other utilities for the convenience of tti Contractor 'stall 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. 55 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 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 coordinateit activities with any and all public and private utility providers occupying the right-of-way. compensation will be paid to the Contractor for any Toss of time or delay. All overhead, surface or underground structures and utilities encountered are to be c efully protected from injury or displacement. All damage to such structures is to be c• pietely repaired within a reasonable time; needless delay will not be tolerated. The City re .erves the right to remedy such damage by ordering outside parties to make such repairs at th expense of the Contractor. All such repairs made by the Contractor are to be made to the -atisfaction 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 - Contractor to stop all, or any part, of the Work for a period of up to ninety (90) day (or any lesser period), commencing no sooner than the date the order is delivered to tr - Contractor, and for any further period to which the parties may agree. Any such order sh • be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within t period of ninety (90) days (or the lesser period specified) after a Stop Work Order is deliver • 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 - : provided in Article 90, Termination for Convenience. If a Stop Work Order issued under this Article is anceled or the period of the order or any extension thereof expires, the Contractor shall r ume the Work without compensation to the Contractor for such suspension other than exte ding the time for Substantial Completion to the extent that, in the opinion of the Project Man ;• er or Consultant, the Contractor may have been delayed by such suspension. In the event t► - Project Manger or Consultant determines that the suspension of Work was necessary due o Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contras .r or any other reason caused by Contractor's fault or omission, the Contractor shall not be = titled to an extension of time as a result of the issuance of a Stop Work Order. 81. Hurricane Preparedness During such periods of time a -re designated by the United States Weather Bureau as being a hurricane warning, the Contr ctor, at no cost to the City, shall take all precautions necessary to secure the Project site in -sponse to all threatened storm events, regardless of whether the Project Manager or Cons • tant has given notice of same. Compliance with any •ecific hurricane warning or alert precautions will not constitute additional work. Suspension of th Work caused by a threatened or actual storm event, regardless of whether the City has dir cted such suspension, will entitle the Contractor to additional Contract time as non-cornpens • le, excusable delay, and shall not give rise to a claim for compensable delay. 82. Use of C • • leted Portions City sh :have the �ight,`at its sole; option, to_`take possession of and use any completed or __.. partial completed portions`of theProject(s). Such -possession'and use shall' not bedeemed any'4 "_. acc- stance or beneficial use or occupancy of any of the Work not completed in accordance with th Contract' Documents: `If such possession and use increases the cost of or delays the Work, ontractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager or Consultant. 56 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED In the event City takes possession of any completed or partially completed portions of t Project, the following shall occur: ■ City shall give notice to Contractor in writing at least thirty (30) calendar days • for to City's intended occupancy of a designated area. ■ Contractor shall complete to the point of Substantial Completion the des i• ated area and request inspection and issuance of a Certificate of Substantial Co •letion from Project Manager or Consultant. • Upon Project Manager or Consultant's issuance of a Certificat of Substantial Completion, City will assume full responsibility for maintenance, ities, subsequent damages of City and public, adjustment of insurance coverage's an start of warranty for the occupied area: ■ Contractor shall complete all items noted on the Certificate • Substantial Completion within the time specified by Project Manager or Consu 1- nt on the Certificate of Substantial Completion, as specified in the Punch List an. equest final inspection and final acceptance of the portion of the Work occupies Upon completion of final inspection and receipt of an application for final paymen , Project Manager or Consultant shall issue a Certificate of Final Payment relative to th: occupied area. ■ If City finds it necessary to occupy or use a po ' • n or portions of the Work prior to Substantial Completion thereof, such occupancy •r use shall not commence prior to a time mutually agreed upon by City and Contra '•r and to which the insurance company or companies providing the property insuran have consented by endorsement to the policy or policies. Insurance on the unocc •ied or unused portion or portions shall not be canceled or lapsed on account of s • ch partial occupancy or use. Consent of Contractor and of the insurance compa ; or companies to such occupancy or use shall not be unreasonably withheld. 83. Cleaning Up; Citv's Right to Clean U • Contractor shall at all times keep the p--mises free from accumulation of waste materials or rubbish caused by its operations.' At t - completion of a Project(s), Contractor shall remove all its waste materials and rubbish from = nd about the Project(s) as well as its tools, construction equipment, machinery and surpl - materials. If Contractor fails to clean up during the prosecution of the Work or at the ompletion of the Work, City may do so and the cost thereof shall be charged to Contractor. a dispute arises between Contractor and separate contractors as to their responsibility for cl• aning up, City may clean up and charge the cost thereof to the contractors responsible ther - ore as the Project Manager and/or Consultant shall determine to be just. Ali combustible w- to materials shall be removed from the Project(s) at the end of each day. Cleaning operatio ' s should be controlled to limit dust and other particles adhering to existing surfaces. 84. Removal of Equi r ent In case of termin ion .of this Contract before completion for any cause whatsoever, Contractor, if notified to do =o by City, shall promptly remove any part or all of Contractor's equipment and supplies from e property of City. If the Contractor does not complywith.City's order, the City - shall have t - right to remove such equipment and supplies at the expense bf Contractor. - 85. Set -offs ithholdings, and Deductions - • The C ~ niay set-off, deduct or withhold from any.. paymentdue the •Contractor�'such -sumsyas may ,>e specifically allowed in the Contract or by applicable law including, without limitation, the foil • ing: • 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. 57 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 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 Contr=ctor in accordance with the Local Government Prompt Payment Act. 86. Event of Default An event of default shall mean a breach of the Contract by the Contractor, his subc,, ntractors or agents. Without limiting the generality of the foregoing and in addition to se instances referred to herein as a breach, an Event of Default, shall include but not limited -, the following: The Contractor has not performed the Work in a timely manner; The Contractor has refused or failed, except in case for which a extension of time is provided, to supply properly skilled staff or provided sufficien • uantities of staff to perform the Work; • The Contractor has failed to make prompt payment to Sub • ntractors or suppliers for any services or materials they have provided; • The Contractor has become insolvent or has assigned e proceeds received for the benefit of the Contractor's creditors, or the Contract• has taken advantage of any insolvency statute or debtor/creditor law or if the Co ractor's affairs have been put in the hands of a receiver; • The Contractor has failed to obtain the approv- of the City where required by the Contract Documents; • The Contractor has failed in the representatio► of any warranties stated herein; • When, in the opinion of the City, reasonabl= grounds for uncertainty exist with respect to the Contractor's ability to perform the ork, the City shall notify the Contractor in writing that it must, within the time fr-me set forth in the City's request, provide adequate assurances and a plan of - ion to the City, in writing, of the Contractor's ability to perform in accordance w the terms of the Contract Documents. In the event that the Contractor fails to • ovide to the City the requested assurances within the prescribed time frame, the CI, may: o Treat such failure as a re• diation of the Contract and/or; o Resort to any remedy '•r breach provided herein or by law, including but not limited to, taking over e performance of the Work or any part thereof either by itself or through oth s. • In the event the City m , at its sole discretion terminate the Contract for default, the City or its designat: • representatives may immediately take possession of all applicable documen :tion and data. • Where the City e oneously terminates the Contract or for default, the terminations shall be convert: to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 87. Notice of Default- ortuni to Cure In the event that t'e 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, a, d advising the Contractor that such default must be cured within a specified time frame or the ' ontract with the City. may be terminated. The City is under no obligation to issue such notifi.-tion. The City 'May grahfan extension tithe cure period if the City deems it appropri - and. in the best interest of the -..City, without waiver of any of the City's rights hereun • - r. The _City:, at: its sole: discretion; I may have: d efault. corrected by its own forces or anoth ' contractoI--and ;any, such costs' incurred will be deducted from any sums due the Co actor under any contractwith. the City. 88. T - rmination 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 58 Hadley Park Youth Center, B-35883A NB No.: 12-13-028 SUBSTITUTED • 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 la may immediately, upon written notice to Contractor, terminate this Contract whereupon y advances for which Work has not been performed, paid by the City to Contractor ile Contractor was in default shall be immediately returned to the City. The Director m.. also suspend any payment or part thereof or order a Work stoppage until such time as t : issues conceming compliance are resolved. Contractor understands and agrees that ter'nation of this Contract under this Article shall not release Contractor from any obligation acc ing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without mitation, any of the following: • Contractor fails to obtain the insurance or bonding her- n required by the Contract. • Contractor fails to comply with any of its duties under the ' ontract Documents, with any terms or conditions set forth in this Contract, beyond . y specified period allowed to cure such default. • Contractor fails to commence the Work within he timeframes provided or contemplated herein, or fails to complete the Work i a timely manner as required by the Contract. If this Contract is terminated for default and the City =s satisfied its obligations under the Contract Documents the City is granted by the Contra or full use of the Work and any Work Product in connection with the City's completion and • cupancy of the Project. Where it has been determined that the Contractor as been erroneously. terminated. under this Article, such termination shall be deemed to hav- been occurred under Article 90, Termination for Convenience. The City in its sole discreti• may terminate the Contract without providing the Contractor a written Notice to Cure. 89. Remedies in the Event of Terminati, n for Default If a Termination for Default occurs, t Contractor and the bond provider, (if applicable) shall be notified of the effective date of the rmination and shall be liable for all damages resulting from the default, including but not lim' - d to re -procurement costs and other direct damages The Contractor shall stop Wo as of the date of notification of the termination and immediately remove all labor, equipmen and materials (not owned or paid for by the City) from the Work Site. The City assumes • liability for the Contractor's failure to remove such items from the Project(s) sites) as req ed. The Contractor shall , so remain liable for any liabilities and claims related, to the Contractor's default. As an alternative o termination, the City may bring suit or proceedings for specfic performance or for an injunc. on :90. Terminati . for Convenience In additio to cancellation or termination as otherwise provided for in the Contract, the City may • :et eny e,,in,its sole„tiscretion,. with or. without cause,, terminate the Contract by written. notice o h ontractor Sucti,Written. Notice.shall..state thedate•upon which Coiti.tractor shall cease all i under the Contract and vacate the Project(s) site(s). e Contractor shalt, 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 (uthe Effective Date»); Hadley Park Youth Center, B-35883A 59 ITB No.: 12-13-028 SUBSTITUTED • Take such action as may be necessary for the protection and preservation of the C' materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the City and deliver to the site, or any other location specified by t - Project Manager, any non -cancelable orders for materials and equipment th . can not otherwise be used except for Work under the Contract and have be- specifically fabricated for the sole purpose of the Work and not incorporated in the ork; • Take no action that shall increase the amounts payable by the City u • er the Contract Documents; and • Take reasonable measures to mitigate the City's liability der the Contract Documents. • All charts, sketches, studies, drawings, reports and oth documents, including electronic documents, related to Work authorized under the ontract, whether finished or not, must be turned over to the City. Failure to time , deliver the documentation shall be cause to withhold any payments due without r: ourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the ontract pursuant to the Contract. Documents, the City will pay the Contractor: • For the actual cost or the fair and reasonable val e, whichever is less, of (1) the portion of the Project(s) completed in accordance with te 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, =nd 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 asonable value shall be based on the price established as a result of the Contr. ct. In no event, shall any payments under this Paragraph exceed the maximum c• -t set forth in the Contract. • The amount due hereunder may • - 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 ag - nst the City arising out of the termination including, Further, the City may dedu• or set off against any sums due and payable under this Article any claims it may h.• e against the Contractor. • Contractor shall not be - titled to lost profits, overhead or consequential damages as a result.of a Termination or Convenience. • All payments made der the Contract are subject to audit. Upon the City's payment in II of the amounts due the Contractor under this Article the Contractor grants the City ull use of the Work and any Work Product to complete the Project and subsequently occu • the Project. 91. Resolution of Dis • tes Contractor unders nds and agrees that all disputes between it and the City based upon an alleged violation •f the terms of this Agreement by the City shall be submitted for resolution in the following nner. The initial s dispute an shall be for the Contractor to notify the Project Manager in writing of the claim or submit a copy to the City of Miami personnel identified in Article 4, Notices. .;Should: , e.:Contractor and the Project.Manager_fail to resolve the dispute the..Centractor shall : submi their dispute in .writing, with fl supporting documentation, to the Assistant Director_... Con acts, as identified in Article 4, Notices. Upon receipt of said notification the Assistant Dir ctor-Contracts shall review the issues relative to the claim or dispute and issue a written ding. 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. 60 Hadley Perk Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED Failure to submit such appeal of the written finding shall constitute acceptance of the findin• •y the Contractor. Upon receipt of said notification the Director shall review the issues relat e to the claim or dispute and issue a written finding. Contractor must submit any further appeal in writing within five (5) calendar days t• the City Manager. Failure to submit such appeal of the written finding shall constitute accep = nce of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is re• fired prior to Contractor being entitled to seek judicial relief in connection therewith. Should e amount of compensation hereunder exceed $100,000, the City Manager's decision shal •e approved or disapproved by the City Commission. Contractor shall not be entitled to eek judicial relief unless: (i) it has first received City Manager's written decision, approved by e City Commission if applicable, or (ii) a period of sixty (60) days has expired after submitting to th City Manager a detailed statement of the dispute, accompanied by all supporting d• umentation, or a period of (90) days has expired where City Manager's decision is s . eject to City Commission for approval; or (iii) City has waived compliance with the procedure se forth in this Article by written instrument(s) signed by the City Manager. In the event the determination of a dispute under this icle is unacceptable to either party hereto, the party objecting to the determination must otify the other party in writing within fourteen (14) calendar days of receipt of the written • -termination. The notice must state the basis of the objection and must be accompanied • a statement that any Contract price or Contract time adjustment claimed is the entire a ustment to which the objecting party has reason to believe it is entitled to as a result of the -etermination. Within sixty (60) calendar days after Final Completion of the Work, the parti= shall participate in mediation to address all objections to any determinations hereunder d to attempt to prevent litigation. The mediator shall be mutually agreed upon by the p- les. Should any objection not be resolved in mediation, the parties retain all their leg - rights and remedies provided under State law. A party objecting to a determination sp ifically waives all of its rights provided hereunder, including its rights and remedies u er State law, if said party fails to comply in strict accordance with the requirements of is Article. 92. Mediation Waiver of Ju Tria In an effort to engage in a coperative effort to resolve conflict which may arise during the course of the construction of Project(s), and/or following the completion of the Project(s), the parties to this Contract agre all unresolved disputes between them shall be submitted to non- binding mediation prior to he initiation of litigation, unless otherwise agreed in writing by the parties. A certified M=:lator, who the parties find mutually acceptable, will conduct any Mediation Proceedings n Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediato• on a 50/50 basis. The Contractor agrees to include such similar contract provisions with all =ub-Contractors retained for the Work, thereby providing for non -binding mediation as the • unary mechanism for dispute resolution. In an effort to = pedite the conclusion of any litigation the parties voluntarily waive their right to jury trial .or to _ le permissive counterclaims -in any action arising under this Gontract. - 93. CI Ma veil Itself of All Remedie ay avail itself of each and every-rerffedy herein.; specifically;:given to it now,or existing at law •r in equity, and each and every such remedy shaf be in addition to every other remedy so s ecifically given. or otherwise so existing and may be exercised from time to time and as oftand in such order as may be deemed expedient by the City. The exercise or the bginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, t the same time or thereafter, of any other remedy. The City's rights and remedies as set forth J 61 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED in the Contract Documents are not exclusive and are in addition to any other rights an remedies in law or in equity. 94. Permits, Licenses and impact Fees All applicable permit fees, including those assessed by the City, are the responsibili►, of the Contractor. That includes also any other permit fees not directly related to e actual construction of the Project(s), including but not limited to, licenses, permits and fe s, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dad= County, the State of Florida, or other govemmental entities. Except as otherwise provided within the Contract Documents, all permits an • icenses required by federal, state or local laws, rules and regulations necessary for the prosy cution of the Work. undertaken by Contractor pursuant to the Contract Documents shall be se ured and paid for by Contractor. It is Contractor's responsibility to have and maintain appr. •riate Certificate(s) of Competency, valid for the Work to be performed and valid for the juris- fiction in which the Work is to be performed for all persons working on the Project(s) f•- whom a Certificate of Competency is required. Impact fees levied by the City and/or Miami -Dade ounty shall be paid by Contractor. Contractor shall be reimbursed only for the actua mount of the impact fee levied by the public entity as evidenced by an invoice or other acce ? able documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND Department's Fees such as, Master Permit, Major Tra Fees; Public Works Fees, such as Line and Grade, ,+ and Zoning Department's Fees) by virtue of this c.. reimbursed to the Contractor by the City thr evidenced by an invoice or other acceptable do P ' 'ABLE TO THE CITY (e.g. Building s, Mechanical, Electrical, and Plumbing cavation, Dewatering and NPDES Fees, nstruction as part of the Contract shall be gh an Allowance Account set for herein, mentation issued by the public entity. Permit Fees reimbursement to Contractor s = I be for the actual amount and in noevent shall include profit or overhead of Contractor. Permit fees related the Contractor's oper.-`ions (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable. 95. Com • !lance with A icable La s All work shall be constructed in a • rdance with the latest edition of the City of Miami's contract documents and specifications, e City of Miami's Standards for Design and Construction as well as the Miami -Dade Co - ty's Standard Details, and the 2013 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall co •ly with the most recent editions and requirements of all applicable laws, regulations, rule building, environmental, technical, and construction codes of the Federal govemment, tr e State of Florida, the County, and the City. The attention of the ontractor is directed to the requirements of the Florida Building Code and the Codes of Mia i-Dade County and the City of Miami, Florida, governing the qualifications for Contractor and b-Contractor doing business anywhere in the City. 96. Inde • ende , Contractor The-:Cpntr tor: is. engaged as . an independent business. and agrees to: perform _;Work as independ nt contractor. In accordance with the st tt'i`s of'ari independent _contractor, the Contra or covenants and agrees that the Contractor will conduct business in a manner corisi ent with that status, that the Contractor will not claim to be an officer or employee of the City or any right or privilege applicable to an officer or employee of the City, including, but not li ► ted to: worker's compensation coverage; unemployment insurance benefits; social security average; retirement membership, or credit. 62 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED The Contractor's staff shall not be employees of the City, and the Contractor alone shall b responsible for their Work, the direction thereof, and their compensation and benefits of y kind. Nothing in the Contract shall impose any liability or duty on the City on account • the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, co pany, agency association, corporation, or organization engaged by the Contractor as a subc• tractor, expert, consultant, independent contractors, specialist, trainee, employee, servant o agent or for taxes of any nature, including, but not limited to: unemployment insuran -; worker's compensation and anti -discrimination, or workplace legislation of any kind. T r e .Contractor hereby agrees to indemnify and hold harmless the City against any such liabilits, 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 benef a third party by this Contract. Therefore, the parties agree that there are no third party ben iciaries to this Contract and that no third party shall be entitled to assert a claim against eith of them based upon this Contract. The parties expressly acknowledge that it is not their i ent 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 pl=:ged, sold, delegated or assigned, in whole or in part, by the Contractor without the written co' ent of the City. It is understood that a sale of the majority of the stock or partnership shares • the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall ea. be deemed transactions that would constitute an assignment or sale hereunder requiring -.rior City approval. Any transference without City approval shall be c. se for the City to nullify this Contract. Any assignment without the City's consent shall be ull and void. The Contractor shall have no recourse from such cancellation. The City may -quire bonding, other security, certified financial statements and tax retums from any propos d assignee and the execution of an assignment/ assumption agreement in a form satisfact• to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each •inds one another, their partners, successors, legal representatives and authorized assi• s to the other party of this Contract and to the partners, successors, legal representatives d assigns of such party in respect to all covenants of this Agreement. 99. Materiali and Waiver of = each City and Contractor agree t =t 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 to hereof. City's failure to enforc; any provision of the Contract Documents shall not be deemed a waiver of such provision o modification of the Contract Documents. A waiver of any breach of a provision of the C• tract Documents shall not be deemed a waiver of any subsequent breach and shall not be ' • nstrued to be a modification of the terms of the Contract Documents. 100. Severabili - In the even he any provision of the Contract Documents is determined by. a Court of competent jurisdictio - ,to be illegal or unenforceable, then such unenforceable orunlawful=provision shall:be. excised rom this Contract, and the-em`ainder of the Contract Documents- shall --continue in full force . d effect. Notwithstanding the foregoing, if the result of the deletion of such provision will mat= Tally and adversely affect the rights of either party, such party may elect, at its option, to ter inate the Contract in its entirety. An election to terminate the Contract based upon this ovision shall be made within seven (7) calendar days after the finding by the court becomes final. 63 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED 101. Applicable Law and Attornev's Fees This Contract shall be construed under the laws of the State of Florida. In contractualactions other civil actions between the parties each party shall bear its own attorney's fees. 102. Amendments No modification, amendment, or alteration in the terms or conditions contained herei shall be effective unless contained in a written document prepared with the same or similar •rmality 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, repre- -nt the entire and integrated Contract between the City and the Contractor and supersede prior negotiations, representations or agreements, written or oral. This Contract may not •• amended, changed, modified, or otherwise altered in any respect, at any time after the exec ion hereof, except by a written document executed with the same formality and equal dignity -rewith. Waiver by either party of a breach of any provision of the Contract Documents s : 1 not be deemed to be a waiver of any other breach of any provision of the Contract Docum nts. 104. Nondiscrimination, Equal Employment Opportuni , • and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any pe in its use or expenditure of funds in fulfilling its obligati shall affirmatively comply with all applicable provisio (ADA) in the course of providing any services funded (regarding nondiscrimination on the basis of guidelines, and standards. In addition, Contr nondiscrimination in employment against disabl on in its operations and activities or s under this Agreement. Contractor of the Americans with Disabilities Act y City, including Titles I and II of the ADA sability), and all applicable regulations, ctor shall take affirmative steps to ensure , persons. Contractor's decisions regarding the delivery •f services under the Contract Documents shall be made without regard to or consideration of ace, age, religion, color, gender, sexual orientation, national origin, marital status, physical or ental disability, political affiliation, or any other factor which cannot be lawfully used as a bas': for service delivery. 105. Evaluation Contractor acknowledges that - pon completion of the of the Work under the Contract Documents and/or at any other me deemed appropriate by the City a performance evaluation report will be completed by e City. A copy of each performance evaluation shall also be forwarded to the Contrac . r. The performance evaluations will be kept in City files for evaluation on future solicit .• ions. 106. Commodities manu = ctured, grown,_ or produced in the City of Miami, Miami - Dade County and e State of Florida Whenever two or r ore competitive sealed bids are received, one or more of which relates to commodities ma-ufactured, grown, or produced within the City of Miami, Miami -Dade County and the State -' Florida, and wheneverall things stated in such received bids are equal with respect to pri - e, quality, and service, the commodities manufactured, grown, or produced within the City of rami, Miami -Dade County and the State of Florida shall be.given preference. 107. •Rovaiti s and..P-atenfs.. -. :;• " All fe=-, royalties, and claims for any invention, or pretended inventions, or patent of any article, mat ial, arrangement, appliance, or method that may be used upon or in any manner be co nected with the construction of the Work or appurtenances, are hereby included in the prices pulated in the Contract for said Work. 64 ' Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED 108. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the cur nt contract period shall, unless terminated by mutual written agreement between the City a • 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 reco accounts of Contractor which relate in any way to the Project(s), and to any clai compensation made by Contractor, and to conduct an audit of the financial and records of Contractor which relate to a Project(s) and to any claim for additio made by Contractor including but not limited to all payroll records, invoices books of accounts. Such records shall conform to Generally Accepted Ac requirements (GAAP), and shall only address those transactions relate s and or additional ccounting I compensation r materials, and unting Principles o the Contract. Records subject to the provisions of Public Record Law, Florida Stat es Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall re in and make available to City all such books and records and accounts, financial or other e, 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 t =t provides for accounting records that are supported with adequate documentation and ad uate procedures for determining allowable costs. Contractors shall develop the proper forms and repo- s acceptable to the City for the administration and management of the Contract D. uments. Contractor shall additionally comply with the pro isions of Section 119.0701, Florida Statutes, 110. No Interest Any monies not paid by City when cl-' ed 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 no invited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statut- = as such relates to the payment of interest, shall apply to valid and proper invoices. 111. Pa ments Related to Guar- teed Obli • ations The City may withhdld fro any payments to be made such sums as may reasonably be necessary to ensure comp •tion of the Project(s) with respect to defective Work, equipment or materials which may be i• ntified by the Project Manager. The City may deduct om any payment due the Contractor an amount equal to its cost incurred on account of the C• tractor's failure to fully perform its obligations under the Contract. The Project Man • ger, prior to withholding or deducting any monies hereunder, shall give the Contractor noti•- of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the : oject Manager's determination that the Contractor has fulfilled its obligations, the City will say the. Contractor any monies owed, subject to Contractor's submission of, or compl- ce with,;anyremaining documentation or obligation; as the case maybe., -in accordance with e Contract Documents 112. C • sent of Ci Re • uired for Sublettin • or Assi • nment 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 65 Hadley Park Youth Center, B-35883A rra No.: 12-13-028 SUBSTITUTED Contractor to assign monies due to, or to become due or be construed to hinder, prevent .r affect any assignment by the Contractor for the benefit of its creditors, made pursua 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 Ci , no action shall lie or be maintained by the Contractor against the City upon any claim ari- ng out of or based upon the Contract Documents by reason of any act or omission or require, ent 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 •een issued within six (6) months of substantial completion of the Work or upon any clai relating to monies required to be retained for anyperiod after the issuance of the said -rtificate, unless such action is commenced within six (6) months after such monies becom due and payable under the terms of the Contract Documents, or if the Contract is terminat= • or declared abandoned under the provisions of the Contract unless such action is comm- ced within six (6) months after the date of such termination or declaration of abandonment • the City. 114. Defense of Claims Should any claim be made or any legal action brought in an; way relating hereto or to the Work hereunder, except as is covered by the provisions of § 6 (" demnification") the Contractor shall diligently render to the City, after additional compensati• is mutually agreed upon, any and all assistance which the City may require of the Contracto 115. Contingency Clause Funding for this Contract is contingent on the a-ilability of funds and continued authorization for program activities and the Contract is sub' ct to amendment or termination due to lack of funds, reduction of funds and/or change in re lations, upon thirty (30) days notice. 116. Mutual Obligations This document, change order, field irective, and written clarifications issued under the Contract, and the Contractor's submi ...Is, shall constitute the Contract Documents between the parties with respect hereto and sup = sedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by their : my authorized representatives. Nothing in the Contract shal •e construed for the benefit, intended or otherwise, of any third party that is not a parent • subsidiary of a party or otherwise related (by virtue of ownership control or statutory contro to a party. In those situations w re the Contract Documents imposes an indemnity obligation on the Contractor, the City, ay at its expense, elect to participate in the defense of the claim if the City should so ch • se. Furthermore, the City may, at its own expense, defend or settle any such claim if the ontractor fails to diligently defend such claim, and thereafter seek indemnity for such cost fr• the Contractor. 117. Contract E tension The City -serves the right to exercise its option to extend the Contract for. up to ninety (90) calenda- days beyond the original Contract period. .Insuch event, the City will notify the Contr ors :in writing. of such extensions,...,._,_. -_... 118 Ne-Exclusiviit I 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 66 Hadley Park Youth Center, B-35883A ZFB No.: 12-13-028 SUBSTITUTED 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 Con actor shall provide full and prompt cooperation with the City in all aspects of the Wo to be performed. The Contractor acknowledges that the Contract Documents require the perfor- ance of all things necessary for or incidental to the effective management and performance •f a Project(s). All things not expressly mentioned in the Contract Documents, but necessary • carrying out its intent are required by the Contract Documents, and the Contractor shall p- orm the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies and oth items required for the completion of the Contract. All Work shall be. accomplished at th direction of and to. the satisfaction of the Project Manager. 120. Contract Documents Contains all Terms The Contract Documents and all documents incorporated h= ein 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 D. uments shall be deemed to exist or to bind any of the parties hereto, or to vary any of the ter s contained herein. 121. Survival The parties acknowledge that any of the obligatio r in the Contract Documents will survive the term, termination and cancellation , hereof. ordingly, the respective obligations of the Contractor and the City under, the Contrac which by nature would continue beyond the termination, cancellation or expiration th- eof, shall survive termination, cancellation or expiration thereof. 122. Disclosure of State Fundin • if a • - 'cable. If State funds are being used by payment will come from funds funds or the percentage of suc property or construction sery e City to pay for this work, The City document whether propriated by the State and, if known, the amount of such funds as compared to the anticipated -total cost of the personal s. Hadley Park Youth Center, B-35883A 67 1TB No.: 12-13-028 SUBSTITUTED Section 3 - Supplemental Terms and Conditions 1. .Contract Time & Hours The Contractor shall furnish' labor, materials, equipment, tools, services, and incide complete all Work at a rate of progress that will ensure completion of the Work Contract Time. als to hin the Contractor shall have 365 days to achieve Substantial Completion from the date • the Notice to Proceed is issued. Contractor shall have an additional 60 calendar clays for Fin Completion of the Contract. Work shall be performed in accordance with Code (Ord No. 12959) of th work hours for this project are 8:00 a.m. — 6:00 p.m. Monday — Fr' performed outside of these times must be requested in writing to the P prior to the requested change. The Project Manager will notify the changes in approved Work hours. City of Miami. The ay. Any Work to be oject Manager 48 hours ontractor in writing of any Work shall be performed in accordance with Code of the ' ity of Miami. Any Work to be performed outside of these times must be requested in writ! ' . to the Project Manager 48 hours prior to the requested change. The Project Manager will ' otify the Contractor in writingof any changes in approved Work hours. 2. Progress Payments Contractor may make application for payment f• Work completed during the Project(s) at intervals of not more than once a month or upo ompletion and Final Acceptance of the Work. All applications shall be submitted in triplicate . nd the Contractor shall only use the City's most current Contractor Payment Requisition Fo This form is available on the CIP webpage. Where the time frame for completion of e Work is less than or equal to one month or a Schedule of Values is not required, the ' ontractor shall submit the appropriate documentation as defined below. Supporting eviden•- to be included with any application for payment shall include, but is not limited to, an • •dated Progress Schedules as required in Section 3, Supplemental Terms and Conditio and a partial or final Release of Liens or Consent of Surety relative to the . Work, which is e subject of the application for payment and any other information required by the Pr. -ct Manager or Consultant. Each application for payment shall be submitted in triplicate for pproval. City shall make payment to Contractor within thirty (30) days after approval of Cont ctor's application for payment. Ten percent (10%) of monies eamed by Contractor shall be retained by City until Final Acceptance by the Ci Any interest earned on retainage shall accrue to the benefit of City. All requests for retaina• reduction shall be in writing in a separate stand alone document. City may withhol itself from loss , in whole or in part, payment to such extent as may be necessary to protect account of: • D-' ective Work not remedied. ▪ !aims 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. _�. u, Liquidated damages and costs incurre d by City and/or Consultant for e4ended construction administration. • Failure of Contractor to provide any and all documents required by the Contract Documents. In instances where multiple Project are awarded the Contractor shall submit separate Applications for Payment for each Project. 68 Hadley Pads Youth Center, B-35883A FIB No.: 12-13-028 SUBSTITUTED When the above grounds are removed or resolved satisfactory to the Project Manager, payme shall be made in whole or in part. The City will pay, and the Contractor shall accept as full compensation for the Work, the ums specified in the Contractor's submittal to the Contract Documents, as accepted by the Ci-l. Contractor may be paid for materials or equipment purchased and stored at the - roject(s) Site(s) or another location. Where a payment request is made for materials or - • ipment not incorporated in the Project(s), but delivered and suitably stored at the site or some other location agreed upon in writing, the written documentation must be submitte' at the time of request for payment. Payment shall be conditioned upon submission by the ' ontractor of paid invoices and an executed Material Purchased/Stored On -Premises form to stablish the City's title to such materials or equipment, or otherwise protect the City's interes., including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or quipment as a result of damage or loss for any reason. Mobilization Partial Payments: When the proposal includes a separate pay item for Mobilizatiand the Notice to Proceed has been issued, partial payments will be made in accordance wi the following: For contracts of 120 contract days duration or less, partia .ayment will be made at 50% of the bid price per month for the first two months. For co racts in excess of 120 contract days duration, partial payment will be made at 25% of bid price per month for the first four months. In no event shall more than 50% of th bid price be paid prior to commencing construction on the project site. Total partial payments for Mobilization on any p eject, including when more than one project or job is included in the Contract, will be limited o 10% of the original Contract amount for that project. Any remaining amount will be paid u r• n completion of all work on the Contract. Retainage will be applied to all partial pay ents. Partial payments made on this item wil in no way act to preclude or limit any of the provisions for partial payments otherwise provid : i for by the Contract. 3. Liquidated Damages. The Contractor is obligated d guarantees to complete the Project in the time set forth in the Contract Documents or an approved extension of time. Where the Contractor fails to do so, the Contractor shall pay • the City liquidated damages as follows. In the event of a delay in completion beyond th timeframe set forth in the Contract Documents for Substantial Completion, the Contactor shall pay to the City for each and every calendar day of unexcused delay, the sum of T o Thousand Five Hundred and Fourteen ($2,514.00) dollars per calendar day, which is here ' agreed upon not as a penalty but as liquidated damages. In the event of a delay in compl on beyond the timeframe set forth in the Contract Documents for Final Completion, th. Contractor shall pay to the City for each and every calendar day of unexcused delay, the su' ..of.QneThousand Two.,Hundred.Fifty.Seven ($1257.00) dollars per calendar day, which is herby agreed upon not as a penalty but as liquidated damages. The Contractor will be notifed o laity, approved exceptions or extensions. The total amount of liquidated damages shall: no exceedthe value of the applicable Contract'% ocuments. - The ' ity shall have the right to deduct liquidated damagesassessments from any payment due or ich may thereafter becorne: due. to the Contractor under any contract the Contractor has h the City. In case the amount, which may become due hereunder, shall be less than the mount 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 69 Hadley Park Youth Center, B-35883A 1TB No.: 12-13-028 SUBSTITUTED damages, the City shall consider this as a form of indebtedness and may deny any future W under the Contract or any other City contract until such indebtedness is paid in full to the C' The City shall notify the Contractor that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must • - submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The Sche ule of Values shall indicate a complete breakdown of labor and material of. all categories Work on the Project. Contractor's overhead and profit should be as separate line items. E ch line item shall be identified with the number and title of the major specification section or = jor components of the items. The Project Manager or Consultant may require further brea :own after review of the Contractor's submittal The City reserves the right to require suc information from the Contractor as may be necessary to determine the accuracy of the S edule of Values. The combined total value for mobilization under the Schedules of Values all not exceed 5% of the value of the Contract. The approved schedule of values shalt be updated through the s •mittal of the City's Contractor Payment Application Form. 5. Project Schedules Contractor shall submit a proposed Project schedule ("Sc -dule") as follows: a. b. c. d. e. Schedule identifying all tasks within the criti shall be submitted within ten (10) calend submittal shall be subject to the P Subsequent to such review of said schedule as the baseline Schedule. The Schedule shall be prepared i horizontal bars for each desig chronological order. Provide construction and identify the major equipment installation All updates of Schedules at a minimum submitted baseline shall also be the Contract Time fo the rejection of any All Schedules sh approved by t Contractor sh version sha incorporat Subseq establi prep Mic At a minlmu I path. The proposed Project schedule days of the Notice to Proceed and such ject Manager and Consultants review. hedule the Contractor shall establish said he form of a horizontal bar chart with separate task, construction task in the critical path in rizontal time scale in weeks from the start of rst work day of each month. Identify listings of any lestones. all be tracked against the baseline schedule and shall be th each pay application. An updated Schedule against the ubmitted upon execution of each change order that impacts completion. Failure to submit such Schedules shall result in ubmitted payment application. be prepared in Microsoft Project 2003 or later unless otherwise Project Manager. At the time of submission of Schedules, submit a hard copy as well as an electronic version. Such electronic not be submitted in a .pdf format and shall be capable of being into the City's master Project schedule. nt to review of the initial Schedule submission the Contractor shall the reviewed Schedule as the "Baseline Schedule". Contractor shall then e and submit all updates to the Schedules utilizing the tracking mode within • soft project. the contents of the Baseline Schedule shall show or indicate the following: ;Complete.sequence of design. by activity reflecting the Sub consultant responsible for ...::..; ;., the activity. '* b. Complete sequence of construction by activity reflecting the Contractor or Subcontractors) 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. 70 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED 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 the City to review all submittals; 5). Time required by City to support any pre -operational and start- testing; 6). Time required for the relocation of utilities, if required. e. Percentage of completion for each item as of the date the .sch- • le was prepared. f. Dates for Contractor's submittals. g. Dates for any required City -furnished materials or equipme h. 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 anticipa d dates of delivery (equipment, materials, etc.) Monthly updates shall reflect - al versus projected, and any revised projections; b. Provide a projected dollar cash flow spend • wn for each month of construction. Monthly updates shall reflect any change or• -rs as well as actual versus projected, and any revised projections. Release of Liens/Subcontractor's Statement •f Satisfaction , The Contractor warrants and guarantees that titl- to all Work, materials and equipment covered by an application for payment, whether incorp• ated in the Project(s) or not, will pass to the City upon the receipt of such payment by the Co, rector, free and clear of all liens, claims, security .. interests or encumbrances and that no Wo , materials or equipment will have been acquired by the Contractor or by any other person p= orming Work at the site or furnishing materials and equipment for the Project(s), subject tan agreement under which an interest therein or an encumbrance thereon is retained by e seller or otherwise imposed by the Contractor or such other person. • The Contractor shall, beginning h the second request for payment, attach a Partial Release of Lien/Subcontractor's Statem t of Satisfaction for each application for payment. Failure to submit such documentation . y delay payments. The City may, in its sole discretion withhold payments for Work perform by Subcontractor where no Release of Lien has been submitted. The Contractor shall su it with the final payment request, for any Project(s) where subcontractors have pe ormed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each S 4 bcontractor marked as a final. Failure to submit such documentation will result in delay i payment or the City withholding from the final payment such funds as necessary to satisfy - ny Subcontractor claims. Where the Contr- ctor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release ,Sf Lien/Subcontractor's Statement of Satisfaction, submit a Consent of Surety to Requisition P rnent. Contractor $ ust use City Release of Lien, Affidavit and Consent of Surety forms or the Applicatiorf for Payment will be rejected. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. .Contractor shall hold progress and coordination meetings as required by the Project Manager or Engineer, to provide for the timely completion of the Work. 71 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with t Project Manager. and/or Consultant. Contractor shall use the job site meetings as a tool for e pre -planning of Work and enforcing schedules, and for establishing procedures, responsib' ities, and identification of authority for all parties to clearly understand. During these m - etings, Contractor shall identify the party or parties responsible for following up on any proble • s, delay items or questions, and Contractor shall note the action to be taken by such party r parties. Contractor shall revisit each pending item at each subsequent meeting until esolution is achieved. Contractor shall attempt to obtain from all present any potential probles or delaying event known to them for appropriate attention and resolution. Contractor sha be responsible for keeping minutes of the meeting and distribution of the minutes to all partie n 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 c• •ies of the minutes to all parties in attendance. The Contractor shall prepare and distribute t., Project Manager and the Consultant an updated two -week look -ahead schedule of construe' -n activities and submittals. 8. Request for Information The Contractor shall submit in writing a Request for Infor =lion (RFI) where the Contractor believes that the Contract Document's specifications or d =wings are unclear or conflict. All requests must be submitted in a manner that clearly ide . ies the drawing and/or specification section where clarification or interpretation is being re • jested. As part of the RFI, Contractor shall include its recommendation for resolution. Th Consultant and City shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project(s) to facilities as maybe necessary to enable the Project Manager or Consultant to perform eir respective duties and to accommodate any representatives of the City which the City m choose to have present at the Project(s). Contractor's, Subcontractor's, supplier's material persons personnel shall not use the City • restrooms that may be available at the roject(s) site without the prior consent of the manager of the facility or the Project Manager here there is no manager of a facility. The Contractor shall provide and maintain at his o n expense, in a sanitary condition, such accommodations for the use of his employees as is . ecessary 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 Da• County Health Department The Contractor, his employees or his Sub -Contractors shall c• mit no public nuisance or use any facilities that have not been specifically provided for us: •y the Contractor. The Contractor shall f . nish an adequate supply of drinking water for its and its Sub - Contractors' employee There shall be ade• ate 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 f- ilities shall be subject to the approval of the Project Manager or Consultant. Contractor is quired 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 Project M ager may authorize the use:of existing utilities. Such decision will be made at the ole dls etion .of the Project Manager andlhe City.- = The •ntractor shall'be required to obtain all necessary permits required for any Project(s) site faci ' les. Contractor shall also be responsible to maintain such facilities in a safe and working co dition. II such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 72 Hadley Park Youth Center, B-35883A rfa No.: 12-13-028 SUBSTITUTED SUBSTITUTED 10. Temporary Facilities, Utilities, and Construction Contractor is required to provide any necessary temporary utilities to the site, such as e ctric, water, and sanitary services to the site for new construction or additions to a facility, • those that are necessary for the performance of the Work. Contractor shall make all arr- • gements with the local utility companies. The Contractor shall also be responsible for f nishing all materials and equipment necessary for the installation and maintenance of - y temporary utilities. The Project Manager may authorize the use of existing utilities. Such •ecision will be made at the sole discretion of the Project Manager and the City. Contractor shall fumish, install and maintain temporary facilities required f,, r construction, and shall remove them upon completion of the Work. All facilities shall com • with the respective federal, state and local codes and regulations and with utility -company quirements.' Materials for temporary facilities may be new or used, but must be adequate i capacity for the required usage, must not create unsafe conditions, and must not violate equirements of applicable codes and standards. The Contractor must pay for all utility cos - associated with new lines, new hook ups, new utilityaccounts, and .so forth whichwere n- -ssitated by the Project itself. Contractor shall pay all changes, fees, costs, or other impositions for utilities, including, without limitation, electric, water, sewer, telecommunications and ether utilities of whatever nature arising from the Project or the Work as herein defined. The Contractor shall be required to obtain all necessa facilities and utilities. Contractor shall also be respo and working condition. Contractor shall be respons the installation and use of aH temporary facilities a ermits required for any Project(s) site ible to maintain such facilities in a safe e for payment for all fees and charges for utilities. Contractor shall pay all changes, fees, costs, o other impositions for utilities, including, without limitation, electric, water, sewer, telecomm 'cations and other utilities of whatever nature arising from the Project or the Work as here defined. All such facilities and utilities remain the • roperty of the Contractor and the Contractor shall be responsible for removal and disposal of uch facilities prior to Final Acceptance. Temporary fences: If, during the co - se of the Work, it is necessary to remove or disturb any fencing, the Contractor shall, at own expense, provide a suitable temporary fence which shall be maintained until the per anent fence is replaced. The Project Manager will be solely responsible for the determinate •n of the necessity for providing a temporary fence and the type of temporary fence to be use,. Responsibility for Tempor.. Structures: In accepting this Contract, the Contractor assumes full responsibility for the s iciency and safety of all temporary structures or work and for any damage which may r-sult from their failure or their improper construction, maintenance or operation and will i •emnify and save harmless the City from all claims, suits or actions and damages or costs •f every description arising by reason of failure to comply with the above provisions. 11. Security / The site w re the Work is to be performed may not be a secure site and the public may have access t the site... The. Contractor shall have sole responsibility for the security of all Work rnaten , tools, equipment and Work at the Project(s) site. The City shall not be liable for any dame or loss to such materials, tools, equipment and Work and the Contractor shall be res onsible for;the repair or replacement of all Work such materials, tools, and equipment, onstruction Sianaae Contractor will typically be expected to furnish and install a minimum of two -signs in addition to construction related signs such as warning signs. 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: 73 Hadley Pack Youth Center, B-35883A 1TB No.: 12-13-028 (-SUBSTITUTED ■ The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah, Florid (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet high constructed of Pressure Sensitive 2 mil cast vinyl overmounted with 3 mil mylar mounted to %" MDO with vamished or painted back. The sign shall be mount inch square wood or perforated "U" channel metal posts painted white, and be at eye level. The colors to be used on the sign are as follows: the backgro white with blue lettering; the seal shall be white and gold with blue lettering • The second sign shall reflect other funding sources for the Project and Project information. The sign shall be 4 feet wide by 8 feet high exterior plywood, suitably mounted and readable at eye level. The and white. The background shall be white and all lettering fo Grotesk. All paint shall be rated outdoor. enamel. The City will decal form. • The Contractor shall also post appropriate construction Site. Such signs shall be posted to warn pedestrian an also be placed waterside to alert boater to the constr and a minimum clearance distance. Contractor shal which shall be subject to approval by the Consultan • The Project Manager and the City shall approve t locations for all signage. 13. Construction Photographs Prior to commencement of the Work the Contrac existing conditions and submit copies as requir Contractor shall submit with each applicatio the progress of all aspects the Work. The the magnitude of Work being performed. in print and digitally. The photograp commercial grade and weight colo imprinted on its face with the title o photographs shall be taken usi identifying the name of the Pr pictures were taken. Initial be submitted in a three Subsequent prints are t The three ring binder 14. Ci Furnishe Pro d nd on 4 adable d shall be rm. all reflect the s/4 inch (thick) olors shall be blue s shall be Akzidenz rovide the City Seal in sit: warning signs at the Work ehicle traffic. Signage shall tion zone, requiring idle speed rovide drawings for the signage, r will take digital photographs to document herein prior to the commencement of Work. or payment photographs that accurately reflect mber of photographs to be taken will be based on ontractor shall submit one copy of each photograph s shall be printed on 8"X10" high resolution glossy photographic print paper. Each photograph shall be he Project, the date, and time the picture was taken. Digital .jpeg format and will be submitted on a CD-ROM clearly ct, the name of the Contractor, and the timeframe in which the t up prints, unless otherwise allowed by the Project Manager will ng binder with each picture protected by a clear plastic sleeve. e submitted in clear plastic sleeves that can be added to the binder. all be of such size to be able to hold all print pictures. Where note. •y the Contract Documents or as directed by the Project Manager, the Contractor may be re • uired to preserve all signage, street signs, parking meters, benches, traffic control signs, e and shall reinstall or provide them to the City as directed. 15. Stat of Florida Fundin If - • uired by Florida Statutes The City shall disclose in the solicitation document whether ayment will come: fromfunds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. 74 Hadley Park Youth Center, B-35883A !TB No.:. 12-13-028 SUBSTITUTED )3ID.FORM Submitted: ‘• a0. 1--3 Date City of Miami, Florida Office of the City Clerk City Hall, 1at Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Bidder, hereby declares that the only persons I rested in this Bid as principal are named herein and that no person other than herein men •ned has any Interest in this bld or in the Contract to be entered into; that this Bid is made , hout connection with any other person, firm, or parties making a Bid; and that It Is, in all res •. -cts, made fairly and in good faith without collusion or fraud. The 'Bidder further declares that it has examined the site of t all conditions pertaining to the place where the Work is t Contract Documents and ail addenda thereto fumishe acknowledged below; and that it has satisfied itself ab has submitted the required Bid Guaranty; and all of =r that this Bid is submitted voluntarilyand willingly. Work and informed itself fully of e done; that It has examined the efore the opening of the bids, as the Work to be performed; and that it required Information with the Bid; and The Bidder agrees, tf this Bid is accepted, to co 4 - ct with the City, a political subdivision of the State of Florida, pursuant to the terms and co : itions of the Contract Documents and to furnish all necessary materials, equipment, machin , tools, apparatus, means of transportation, and all labor necessary to construct and comp te within the time limits specified the Work covered by the Contract Documents for the Proje- (s) entitled: Bid No: 12-13.02 Title: HADL PARK YOUTH CENTER B 3 -(113, The Bidder also agrees furnish the required Performance Bond and Payment Bond or alternative form of secur , If permitted by the City, each for not less than the total Bid price plus alternates, if any, and furnish the required Certificate(s) of Insurance. The undersigned her agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to e ute said Contract, or fails to furnish the required Performance Bond and Payment Bon or fails to furnish the required Certificate(s) of insurance within fifteen (15) calendar da after being notified of the award of the Contract. In the ev t of arithmetical errors, the Bidder agrees that these errors are errors which may be correct by the City. in the event of a discrepancy between the price Bid In figures and the price d in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid to be multiplied by the stated quantity requirements in order to arrive at the total. 75 Hadley Perk Youth Center, B-35883A ITB No.: 12-13-028 SUBSTITUTED BID FORM,(Page 2 of 10) ( Note: Bidders are bidding on the summation of Items 1-4 for the purpose• of determini , the lowest responsive and responsible Bidder. At the City's discretion, the executed contra ct can be any cornbination of Bid Items 1-4. City Form Subcontractor Utilization ("SU")must be submitted with your bid. The ' Form can be found posted on the webpage with the bid documents. Bidders are rea ed to list the selected third party independent verifier on City Form SU. All Respondents ust utilize the appropriate unaltered Citv Forms, which can be found on our website. Bid item 1: Lump Sum Base Bid Amount includes the total cost for the Work specified in this solicitation, consisti, ! of demolitions, asbestos abatement, total lead -based paint abatement for interior and e or surfaces, utility offsite improvements and site lighting, furnishing all materials, labor, equip ent, supervision, mobilization, overhead & profit required, In accordance with the Bid Specifications, Lump Sum Base BId Amount: - boo UMP SUM Bid Item No. 2: Alternate No. 1: Asphalt Par fr Spaces For the furnishing of all labor, materials and equip ent for completion of ail items in accordance with the Specifications and as shown under Hadley Park outh Center Construction Drawings Zoo/ 000. °P- LUMP SUM Bid Item No. 3: &iterna No. 2: Vehicle Drop Off Area For the furnishing of all is r, materials and equipment for completion of all items in accordance with the Specifications and as s .awn under Hadley Park Youth Center Construction Drawings $ ! 3a , Opp . (;2- LUMP SUM Id Item N. 4: Bid Additive Alternate No. 3: New Playground For the rnlshing of alllabor, materials and equipment for completion of all Items In accordance with the Spec cations and as shown under Hadley Park Youth Center Construction Drawings. Bid Item No. U Hadley Park Youth Center, B.35883A • LUMP SUM Bid Additive Alternate No, 4: Booimg $ (zc,000.') 6° 76 LUMP SUM 1111 No.: 12-13.028 SUBSTITUTED BID FORM: (Page 3 of 10) TOTAL BID AMOUNT: ice► vvt sict4 Written Bid Amount Allowance for Permit Fees $ .816.00 *Costa are for actual City of Mlaml permits only (LUMP SUM) (-)4,6s 7l1oT u�E7374) Pre- a. s 11k 5A .> 4- f c TO5, ILAIu i`to Written Total = d Amount Tee/4 -1701-L4-12- 5 *This amount Is to be utiliz= . strictly for the Contractor's Penult Fees reimbursements. Any moneys remaining from this aliowan r = accoant will in no event be utilized for other purposes. 77 Hadley Park Youth Center. H-358B3A 1TB No.: 12-13.D28 (SUBSTITUTED BID FORM (Page 4 of 10) Part 1: DIRECTIONS: COMPLETE PART I OR PART I1, WHICHEVER APPLi , AND PARTS III AND IV (If applicable) Part is Listed below are the dates of issue for each Addendum received in • nection with thls Bid: Addendum No. 1, Dated 5/10/13 Addendum No. 2, Dated 5/15/13 Addendum No. 3, Dated 5/28/13 Addendum No. 4, Dated 5/30/13 Part II: No addendum was received In connection wi this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, affirms that e Bidder is aware of the following, and shall comply with all the stated requirements. 1. Community Small Business Enterprise ("CSB '°eauirements Bidder certifies that ft has read and underst.••d the provisions of City of Miami Ordinance 13331, codified as Sections 18-89 of the City C. ae, pertaining to the Implementation of a "Community Small Business Enterprise" requiremen Evaluation of bidder's responsiveness to Ordinance Section 13331 shall be a consideratio the award of a contract. 2. Non -Collusion Bidder certifies that the only pers <- s Interested in this Bid are named herein; that no other person has any interest in this Bid or I he Contract to which this Bid pertains; that this Bid Is made without connection or arra cement with any other person. Bidder certifies that the selected independent third -party v dier will verify and certify compliance data and reports honestly and accurately; and 3. prua Free Workplac- The undersigned1idder hereby certifies that it will provide a drug -free workplace program by: (1) Pub htng a statement notifying Its employees that the unlawful manufacture, distribution, dispensin , possession, or use of a controlled substance is prohibited in the Bidder's workplace, and sp, C fytng 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; (li) The Bidder's policy of maintaining a drug -free workplace; 78 Hadley Park Youth Centric, B-33883A ITB Ho.: 12.13428 SUBSTITUTED BID FORM: (Page 5 of 10) ( (Ili) Any available drug counseling, rehabilitation, and employee assistance pr and rams; (Iv) The penalties that may be imposed upon employees for cirug abuse violetl• s occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the - atement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by sub. ragraph (1), that as a condition of employment on a covered Contract, the employee shall: (I) Abide by the terms of the statement; and (11) Notify the employer in writing of the employee's conviction der a criminal drug statute for a violation occurring in the workplace no later than five (5) cale ' ar days after such conviction; (5) Notifying the City in writing within ten (10) calends days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise r dying actual notice of such conviction. The notice shall include the position title of the employee. (8) Within thirty (30) calendar days after receiving : ice under subparagraph (4) of a conviction, taking one of the following actions with respect to .n employee who is convicted of a.drug abuse violation occurring in the workplace: (I) Taking appropriate personnel action ag nst such employee, up to and Including termination; or (II) Requiring such employee to p rehabilitation program approved f enforcement, or other appropriat cipate satisfactorily In a drug abuse assistance or such purposes by a federal, state, or local health, law gency; and (7) Making a good faith effort t• aintain a drug -free workplace program through Implementation of subparagraphs(1) through (6 and 4. ).obbvina The undersigned rtifies to the best of his or her knowledge and belief, that; (1) No Federal •propriated funds have been paid, or will be paid, .by or on behalf of the undersigned, to ny person for Influencing or attempting to influence an officer or employee of any agency, a M= ber of Congress, an officer or employee of Congress, or an employee of a Member of Congre.. In connection with the awarding of any Federal contract, the making of any Federal grant, th making of any Federal loan, the entering into of any cooperative agreement, and the extenskin, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or ' operative agreement. If any unds other than Federal appropriated funds have been paid to any person for influencing or att..' pting to influence an officer or employee of any agency, a Member of Congress, an officer or e pioyee of Congress, or an employee of a. Member of Congress in connection with this Federal ontract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, °Disclosure Form to Report Lobbying," in accordance with its instructions. 79 Hadley Park Youth Center, 13-35883A 1T6 No.: 12-13-028 SUBSTITUTED 1' BID FORM: (Page 6 of 10) This undersigned shall require that the language of this certification be Included in the and documents for "All" sub -awards at all tiers (including subcontracts,•sub-grants, and contrac'= under , grants, loans, and cooperative agreements) and that all sub -recipients shall certify andisclose accordingly. This certification is a material representation of fact upon which reliance was pi ed when this transaction was made or entered into. Submission of this certification Is a pre-r - [site for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Cod-. Any person who fails to file the required certification shall be subject to a civil penalty of not ss 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 cl.. ified to show that it applies to covered contract/grant transactions over $100,000 (per Q 5. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, tha and its principals: Are not presently debarred, suspended, proposed for , barment, and declared Ineligible or voluntarily excluded from covered transactions by an ederal department or agency. Have not within a three-year period preceding thi 'roposal been convicted of or had a civil judgment rendered against them for commissi• of fraud or a criminal offense in connection with obtaining, attempting to obtain, orperfo ' ng a public (Federal, State, or local) transaction or contract under a public transaction; olation of Federal or State antitrust statutes or falsification or destruction of records, ma g false statements, or receiving stolen property; Are not presently indicted for or othe e criminally or civilly charged by a government entity (Federal, State, or local) with com sion of any of the offenses enumerated in paragraph 1.b of this certification; and Have not within a three-year pe-od preceding this application/proposal had one or more public transactions (Federal, Stet- or local) terminated for cause or default. Where the prospective Bidder Bidder shall submit an expla unable to certify to any of the statements in this certification, such on to the City of Miami. 6. Local Wo ° rce P • ci • atio Re . uire ents The Bidder ce tes to the best of its knowledge and belief, that it and Its principals: (a) hay = ead and understood the provisions of City of Miami Ordinance 13332, codified - : Sections 18-89 of the City Code pertaining to the local workforce particip on requirements on a quarterly basis; (b) have identified in City Form Subcontractor Utilization ("SU") a third party I ependent that verifies and is properly licensed under the provisions of F.S. 54,471,473, or 481 and who Is not with the contractor; and (c) the selected third party, who independently verifies compliance with this section, must have a minimum of 2 years experience as required in Ordinance No. .13332,,codified as Sections.18-89. of the City Code; H°dlay Park Youth Center, B-35883A 80 ITS No.:'12-13.028 SUBSTITUTED BID FORM (Page 7 of 10) Part 1V; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder Is aware of th = rench Safety Act, and will comply with ail applicable trench safety standards. Such assurance sha •e legally binding on all persons employed by the Bidder and subcontractors. • The Bidder Is also obligated to identify the anticipated method and co of compliance with the applicable trench safety standards. Bidder acknowledges that Included In the various Items of the propos and In the total Bid price are costs for complying with the Florida Trench Safety Act. These item- -re a breakout of the respective items involving trenching and will not be pald separately. They are of to be confused with bid items in the schedule of prices, nor be considered additional Work. 81 Hadley Peck Youth Center, B-35883A ITB No.: 12-13-D28 SUBSTITUTED f Bp FORM (Page 8 of 10) The Bidder further identifies the costs•and methods summarized below: • Quantity Unit Description Unit Price Price Extended , ethod RIMS LF 1,232 $125 $1,540 SlopMg/Shoring Total $ / 5-4/0 Attached Is a Bid. Bond [ )j, Cash [ ], Money Order [ ], Un•'nditional/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 5% of Bid Amount ■ •liars ($ ). The Bidder shall acknowledge this Bid and certt'es to the above stated in Part III and IV by signing and completing the spaces provided below. Firm's Name: Signature: J c o n� � ; oratl1 oh i mpeo lr.,resident Printed Na r City/State/Zip: , r ' 1 NW 33rd C . Ompano Beach, FL 330 69 Telephone No.: 954 911-5252 Facsimile No.: 9549 B48 E-Mall Address: mvaccaro®dipompeoconstructlen.com Social Security No. or Federal B5-0426294 Dun and LD.No.: Bradstreet No.: 60:121-5896 (if applicable) If a pa ership, names and addresses of partners: Hadley Pozic Youth Center. B-35883A 82 ITB No.: 1243428 SUBSTITUTED BiD FORM (Page 9 of 10) i CERTIFICATE OF AUTHORITY (IF CORPORATION) that at a meeting .of the Board of Direct Henna , a corporation organized and existing under the I State of , held on the 4thday of 11191IIst1993 , a resolution was duly adopted authorizing .(Name) loan UiPompeo ]' as (Title) —��ideat of to execute bids on behalf of the corporation and providing that his/her execution thereof, atteste of the corporation, shall be the official act and deed of the corporation. f further certify th remains in full force and effect. UtPompeo nonstrucuon eemorauoonl FY I WITNEj S WHEREO , I have hereunto set my hand thlsO day of Secretary: Print: 'n Women sr. ViVr CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) HEREBY CERTIFY that at a meeting of a partnership org State of , held on the day of authorizing (Name) as (Title) behalf of the partnership and provides that his/her execution the and deed of the partnership. I further certify that said partnership agreement remains In Partner: Print: s of of the assed and e. corporation y the secretary said resolution 20 /.9. the Board of Directors of zed and existing under the laws of the a resolution was duly passed and adopted of the to execute bids on f, attested by a partner, shall be the official act I force and effect. IN WITNESS WHEREOF,.I have hereunto set ' y hand this IFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit/= Joint venture agreement Indicating that the person signing this Bid Is authorized to sign Bid documentson behalf of the Joint venture. if there is. no Joint venture agreement each member of the Joint venture m sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or Individual). day of , 20 . I HEREBY CERT�Y4hat, l (Name) 'CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) , individually and doing business as (dlb/a) (If Applicable) have executed and am bound by the terms of the Bid to which th -'attestation is attached. IN WITNE . WHEREOF, I have hereunto set my hand this , day of , 20 Signs P : 83 Hadley Park Youth Cater, 8.35883A rrs No.: 12-13.028 1-SUBSTITUTED BID FORM: (Page 10 of 10) STATE OF Florida COUNTY OF. Broward. ) SS: NOTARIZATION T[1e ,fo soing !r strument was acknowledged before me this , day of J /lIL 20 by oho01� Ho OP . , who Is personally known to or who has produced as Identification and who (dld /dl- take oath. SIGNATURE OF NOTARY PQ11C ATE OF FLORIDA 84 Hadley Pork Youth Center, B-35883A ITI3 No.: 12-13.028 SUBSTITUTED CERTIFICATE OF COMPLIANCE WITH SECTIONS 1B-87 and 18.89 OF THE CITY CO 1, Iohn Mom Ir. hereby certify that: loam IIIPompeo Jr. am the Secretary or Principal) Worm) Construction CDrporat10n p l) of (Respondent Ft ii) I have read Sections 18-87 mil 18-89 of the City of Miami Procurement Code; ill) (Respondent Firm) olPompeo Construction Corporation by acknowledges that the awarded contract has an on -site labor component greater than or equal to -five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract val to firms currently certified by Miami- Dade County as a Community Small Business Enterprise ("CSBE"); iv) (Respondent Firm) hereby is certified by Miami Dade County as a CSBE firm and will self -perform to meet the minimum fiftee • • ercent (15%) CSBE requirement. An active copy of the respondent's CSBE certification must be included bid • current. v) (Respondent Ftrm) nlPampan Ponstrnclinn Corpor + On hereby agrees to comply with the Local ' Workforce Participation Requirements stated in Se on 18-89 of the City ofMiami Procurement Code. v1) OPTIONAL: vii) (Respondent Firm) 01P0nmiie0 COnsmicti Corporation hereby agrees to make assignments pursuant to Item iiil, above, to certified CSBE firm ho maintain a "Local Office", as defined in City Code Section 18-73; STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me a Notary Public d i'odn DlPomneo Ir. ) ) SS commissioned, qualified and acting personally; appeared to me well known, who.being by me first duly sworn upon oath • says that.he/she has bee authorized to execute the foregoing Certificate of Compliance with Section 18-89 of the City of Miami Procure nt Code on behalf of Respondent Firm named therein in favor of the City. and Sworn to before me this CA u day of J .t.A..� , 2O� 3 Subscribe My commisai Bond by 8uck1eherrliNotarvBomnnginc. (aeo - otary Public, State of Florida at rge 'Outlay Park Youth Center, B-35883A 85 1Ta No.: 12-13-028 Project No. 8-.35°65A CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Project Title: Nadia ParRYoam Ceoior Sheet No. / of / This Form must be submitted with a Bidder's Bi.'submission. Failure to submit this Exhibit with the Bid will result in the bid being rejected as non -responsive. The City in its sole discretion as the Bidder to submit the Exhibit after Bids are due. , Provide the following information for each subcontractor regardtt s of tier.* Attach additional sheets if necessary. Name of Business Portion of Work Dollar Amount Percent Addres i /State/Zip License Information** Business SBE Certification*'"*'` CSBE DBE Type Number /110 CO.t/SULTIA/ ORE1D1&!Ll?ll (,000 - < 1 6600A/tway,104a -- .. f/% r A MI ►� INS� Ej. cT2 3 o,Od0 3 r /0 0 /Ds/Z/ A/442$, Da42.41- • eaoo/gip V$,cigcr t- _: MI 2g5 F)(P /G /1 MG3.34 oad t to % 4/900 5IS 72,4,901/ Orr& - - icAt f ogtere NI� MI '1:)LCot/f/1PE 61.EO cw 1/4, 00 <( a.."a /073,A44I0/3316 d i - oyla/Navoa/q431' - - ME Pz 4-46; al-0t are Wittevivirsmi •*ix s*7 P %:: erosym IN 14 NE LEzI9 h'- / Dg/24../ / e.y4AG O- ,e r /ac, cab t /0 9ogs-vM b4 rnOxd 331 -figIre €Da4i/ - - R3/5 - MI - d''J/',f Cer 4. 00/!/ _ 9 SS O,, Pao %f, .59y/N4//7�6., %ow 3*i.s 16pnfrArraG $i7 �. IN —Arl Rao/yE» 5� */o '�`- A'-4 3x7o /d-1C faxzE /A6- CCc/37 --34 III - MI AeAd aH d0� / o, 40O �'A to ,79n44 WAI /L, Aj Eli i/✓71E$' C4///27S0 ,: „Si-74549 .es, arc. u a dieravv721. .2/797 OR i• • NI - - IN IN - INI - IN *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 Govemment Form SU • • Mdeaac •32Ii0RM3idcoat. Cemftiltbollaammt see — :worm VITPOI). : P1 elio4 •9Sd 9174252 *loortfinthg. 12r1 3° B-33$6* IS% CROpoirquatemiset f-o�wr Sti ]!aurae. p�rttfo." : .:.. •:-. -' T. Air PRO c to for . Contrastvaili 0•111R.y .ynr am eViadio ram+: i�e�.,s.�j�-�.�; y•.�:�� . May3Q413 Dais 3h this *day es e rn CC, -o a31n1I1S IIS %.- ;-....1....",-;• . FORDLEPOST SE COMPLETED BY 113DIDERIMPRortiStatt:IFOR P3ROJECTS MUM: csnIs REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOO 'I • .1M' Natnecniadadiraponer- SMALL BUSItsIESS ENTERPRISE PROGWA41 MBE, Casaba:cant) •Corporatioxt mdrtc WI NW 33rd COntt Pt:Pettish= Iiiii3LBY MKT° Itontliti•FI433069 cenfintemethemooluz , sve- prMto of Alp Pocy. I Joint Da'cnopeo ContactPtanein Phone Itio.t projeentmther: 12-13428 B-35865A 954 917-5252 nvicsaspeuemesieeir Sge.e 15-yLiviSV Mama ef Pilate 331tidatiP1!paer .. .Certttloolateris. V' Vlaueebto*. . . • .. • : Eikv5nntiertbantad OltnjWinsb) Type :. trE crillit ..wask :to .:bo - ity..111:6 'It:hider . If : Aptiltedbley loodertscyr ',perform:um • Pactotigeex)of . .Titerreatinr0)14,Innutiat af- pliteler's telt penfosennace ' • . . . • . • • ' . . — - • Mtn toldecdoand intaodstgoedblitifflialatInadnztorlahnentteallotinddi i , . • - - - . Nittaroftab-tainianietei • -ffm. liga,i.:. . Cattily:01am Espirsittot ante - of ii-z•I - • - *bap. petfinvied brim' ., , . • todaintinr• - Stelmantrnetar • percepts. 06) of • '.Cantrsat-Valema :Total YratlarA -Amount ot indli-eastraetar's ORS :FJCP.Cotpitration• . • - 891 • .11/30'14 . laelfr:ocennaottia-naticonotained %Nitrite aretrarrandscaonnatetikrustat 1 rens *alma ash:1mo , . . - , .......thoui Vora Oretkli ...1.._ ornbrartintratmits Da"canpao ConnIntetion Cap. Iola Drompoo Jr. Ersedeorectoonarrat game - Wray 30, 2013 brand unananitted apathy antgalont-toposidttthattmaked looilnar,sandcos, alilloonseelmtl permits to provide saili „. *nob -or afitas -beans gikt 45.nascurdiy vs mac: such winds contiateest witb nonsaf Washy the tairttie to wherwhe x ieeP:att-AU ithe VORM SOT c w c ITI 0 ••• CO IIa MUST BE.COMPLETED Illr BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS CHEDULE OF INTENT AFFIDAVIT (S01) SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE") '. „,,T•hlirr,j:',;6 C•tioiv.'irilitt,b:e...........141.,b'i',:,F.i..'03.i4„01#•-i,:,0:0.',0:4-4t.,;-d:fti'dt.ti,C.,tt:,E,S0b'dii''fiti•:S61::,:ii:',,:ii-iiii2'1;eil Lb 6;'iiti liidifj,fp,eso I- 'vii a Contact PoisonJohn DiPompeo Jr. : ' Phone No.: 954 917-5252 ProjectNumbor: 12-13-028 B-35865A 15% CSBE DoIllarAmtnmt . %Yee 6%m SV Narne ofBi4der/Proposer: Address 2301 NW 331d Court, Pompon Construction Corporation • each, PL 33069 Project NMI= HADLEY PARK YOUTH 1.19e Ae 7 Contract Dollar Ainount 61 xio pacIr f ..- Name of Prime • Bidder/Proposer Certification No. (if applicable) Certificatio Expiration Date (idapplicable) • Type of CSBE writ* to be performed by the Bidder (if • plicable) Bidder's seff performance percentage (%) of Contract Value Total Dollar() Amount of Bidder's self performance - Name of Sub -contractor Certification No. Certification Expiration Date _____ Type of CSBE wo to lbe ' performed by the suJ> contractor Sub -contractor percentage (/o) of Contract Value Total Dollar (S) Amount of snb-contractor's t..ato, requirement MCO Construction • 1503 5/31/14 rionf)7Dit <] ..............ies...... ...... C 0 0 0 il....4 mule ..1,.. 7 certify that rhe• IA ere • eentractot(s) if this co Copies s) will be brunediately made available to the Clty *Mims as required. DWompeo Construction Corp. John Dillompeo Jr. Bidd Bidder/Proposer Print Name Title May 30, 2013 Date ersigned haoreasonable and uncommitted capacity soffiCient:to provide the requiter! goods or services, aU licenses and permits n to provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, the ability to otherwise meet thobid specifications. Sub -contractor Signature xmco consTaicrioiv X ak10 Mak-tux-PRE- Subcontractor Print Name Title X Date FORM SOI 8-2613 c co m •I, • LE OF MOLT AFFIDAVIT ( 1) ccmimizigir max, BUSS ENTEIT ISE PROGI M BL Ckiqxorgan Aii.kupp MINIM 321110=4Po PLS10650 mjeetraii= lEIMUTEPAYSCIANITII «: CaltsetP 7nteolXPne�e.?c RmoNo : 95l917-1212 12-Lua!B MUSA _abotDolbrA,ve.e_. Se'P /0e %<o 7 JD MC - mcsietheigumw .s'L'e SI/ ifineentebemr NUMisifftwit Cakaiegeterlb. lirmiseatO Cerallinorea KeplegalsiDate Type 4IF CMS walk sr hit trf me Mier (if 22Cardheideis Nu OTtlilodlim or 4 mum{4 piWills seta Parvimite MAW/ all of &C 1i team l ntt leueettriotinerifiarapioll Weeps* Combustion � JobilWatalco IVO* IOW b gigots himawt eomos by vegehrd es poi&.mat grads aamGmasiCs16 .n.al Weft peraisk seat Rae led Metal t1 lljeb..atar rat I I.41j-Aminst.r .bt.t ames 06� 5-0 000 x 'Proms TSU BSTITUTE D Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade )SS: City of Miami ) KNOWN ALL PERSONS BY THESE PRESENTS, thatDlPompeo Co tructlon Corporation Principal, Hartford Casual Insurance Com•an are held and firmly bound unto The City of Miami, In the penal sum as Surety, f Five Percent of Bid Amount Dollars ($******5°%a**********"" ) lawful money of the United Stet=-, for the payment of which sum well and truly to be made, we bind ourselves, our h rs, executors, administrators and successors, Jointly and severally,firmly by these presen THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated Me 0 , 2013 , for: HADLEY PARK YOUTH NTER — B-350B5A 13-35883A NOW THEREFORE: (a) If the principal shall not wi draw said Bid within one hundred twenty (120) days after date of opening the sam=, and shall within ten (10) days after the prescribed forms are presented to him for siature, enter into a written contract with the City, In accordance with the bid as accep d, and give bond with good and sufficient Surety or Sureties, as may be required, fo he faithful performance and proper fulfillment of such contract; or, (b) In the event if th ithdrawai of said Bid within the period specified, or the failure to enter Into such contr-ct and give such bond within the time specified, If the principal shall pay the City the = Efference between the amount specified in said Bid and the amount for which the ity may procure the required Work and supplies, if the latter amount be in excess o e former, then the above obligation shall be void and of no effect, otherwise to rem- In full force and virtue, SUBSTITUTE D BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 20th day of May 2013 the name and corporate seal of each party being hereto affixed and these presents signed by Its undersigned representative, pursuant to authority of its governing ••dy. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. if Corporation, Secretary only vYti attest and affix seal.) t Pr!A� Jdhn DiPompeo.Szf., Secretary See Attached Power o Attorne Surety Sec r- ary (S`gnature of Authorized Officer) Michael A. Holmes, Attomey-In-Fact PRINCIPAL: DiPompeo Co. truction Corporation Affix .— Seal icer) President (Title) 2301 N.W. 33rd Court, Suite 102 (Business Address) Pompano Beach, FL 33069 City State Zip Surety: Hartford Casualty Insurance Company (Corporate Surety) Affix • Seal 90 IIADLEY PARK CENTER,13-35883A (Title) 200 Colonial Center Parkway, Suite 500 (Business Address) Lake Mary, FL 32746 City State Zip I'1'U NO.: 12-13-028 SUBSTITUTED BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL i, John DiPompeo Sr . , certify that I am th the Corporation named as Principal in the within John DiPompeo Jr. , President of said corporation; that I know his s signature hereto is genuine; and that said bond was duly signed, sealed and behalf of said corporation by authority of its governing body. ...al. A kat • hn DiPompeo STATE OF FLORIDA COUNTY OF DADE CITY OF MIAMI )SS ) Before me, a Notary Public duly commis appeared Michael A. Holmes to me sworn upon oath, says that hef Piitx Hartford Casualty Insurance Company and that Hartford Casualty Insurance Company to execute the forego g therein In favor of The City of Miami, Florida. ecretary of ond; that nature, and the (tested for and -in orate Seal) Secretary. oned, and qualified, personally ell known, who being by me first duly the attorney -in -fact, for the f PI has been authorized by bond on behalf of the Contractor named Subscribed and sworn to before me th 20th day of May, 2013 INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, In compliance with Instructions to Bidders 91 IIAI)LEY PARK YOUTH CENTER, I1-3581i3A Public, State of Florida at Large Joanne M. Mursell FxgrAs' Official Scat JUANNE M. Mliirrt ! ' Notary Public; St:+c et . ; ;r1• . ,i. My Comm. Expires ay 1 No. DO 12-13-0211 SUBSTITUTED POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: n nl Direct lnqufrles/CI • s to: THE HARTORD BOND -4 One Ha rd Plaza Hartford, Co ecticut 06155 call: 888-266-34 : or fax: 860-757-5835 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecti Hartford Casualty insurance Company, a corporation duly organized under the laws of the State of diana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the te of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of th tate of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State Indiana • Hartford Insurance Company of Illinois, a corporation duly organized under the laws of $ State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the ws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized und- e laws of the State of Florida Agency Code: 21-220140 having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'C up to the amount of unlimited: Gerald J. Arch, James F. Murphy, Joanne M. Mursell of Ft Lauderdale, FL their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than delineated above by ®, and to execute, seal and acknowledge any and all bond nature thereof, on behalf of the Companies In their business of guaranteeing the executing or guaranteeing bonds and undertakings required or permitted in any In Witness Whereof, and as authorized by a Resolution of the Bo have caused these presents to be signed by its Vice President and its corp Further, pursuant to Resolution of the Board of Directors of the Companle bound by any mechanically applied signatures applied to this Power of t.a4O. 3 Wesley W. Cowling, Assistant Se• etary M. Ross Fisher, Vice President STATE OF CONNECTICUT panes") do hereby make, constitute and appoint, heel A. Holmes ne Is named above, to sign its name as aurety(ies) only as , undertakings, contracts and other written instruments In the elity of persons, guaranteeing the performance of contracts and ons or proceedings allowed by law. of Directors of the Companies on August 1, 2009 the Companies te seals to be hereto affixed, duly attested by Its Assistant Secretary. , the Companies hereby unambiguously affirm that they are and will be mey. ss, Hartfo COUNTY OF HARTFORD On this 12th day of July, 2012, •re me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Ha • rd, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instru nt; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so a ''xed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. > v r }riaret to Kathleen T. Maynard • Notary Publio • My Commission Expires luly 31, 2016 I, the unders ned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power ofAttome executed by said Companies, which is still in full force effective as of May. 20, 2013 Signed a • sealed at the City of Hartford. Gary W. Stumper, Vice President SUBSTITUTED SUPPLEMENT TO BiD FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Sole Discretion, Require That The Bidder Submit ,Additional information Not Includ • In The Submitted Form. Such information Must Be Submitted Within Seven (7) Calen%ar Days of The City's Request. Failure To Submit The Form Or Additional Info ation Upon Request By The City Shall Result In The Rejection 0f The Bid As No Responsive. Additional Pages May Be Used Following The Same Format And Number! ' g. By submitting Its Bid the Bidder certifies the truth and accuracy of all 1 •rmafion contained herein. A. Business Information 1. How many years has your company been in business u• •er its current name and ownership? a. Professional Licenses/Certifications (include name a number)* Issuance Date CGC037141 General Contractor license 1898 ('include active certifications of community small bustne nterprlse & name of -certifying enUty) b. Date company licensed by Dept. Of Pr essional Regulation: 1993 c. Qualified Business License: ® Y- - ❑ No If Yes, Date Issued: d. What is your'primary business? General Contractor (This answer should be specific. For ample; paving, drainage, schools, Interior renovations, etc.) e. Name of Qualifier, license n ber, and relationship to company: John D1Pompeo tr Rest i -nt CGC03fl41 1998 f. Names of previous uaiifiers during the past five (5) years including, license numbers, relationship o company and years as qualifier for the company N/A 2. Name and Lic ses of any prior companies Name of Co ' pany License No. tl/A T •e of Company: • "Corporation rS" "CorporafionDLLCDSole Proprietorship0Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) Issuance Date 92 HADLEY PARIC YOUTH CENTER, B-35883A ITB NO.:12-I3-025 SUBSTITUTED 4. Company Ownership a. Identify all owners of the company. Name Title logo 01Pompeo Jr. President lohn MPompeo Sr, % of owner 5 VP/Seeretam/Treasurer 50% b. Is any owner Identified above an owner In another co' pany? Di Yes Er No If yes, identify the name of the owner, other compa names, and % ownership John 111Pompeo Sr. -MEW Estate Holdings Inc: .50 John DiPompeo Sr.,- Ltit Reath/ate Holdings int- 1% c. identify all Individuals authorized to slg or the company, Indicating the level of their , authority (check applicable boxes and for other p vide specific levels of authority) Name Title John DIPompeo Jr. Jon Shambo Hen Guanella Pr ent Signatory Authority All Cost No -Cost Other •El ID 0 0 /General Stiperhitentient 0 Projects Manager 0 1] 0* 0 0 - 0 0 Explanation for 0 er: (Note: °Air re to any type of document Including but not limited to contracts, amendment, change proposal req sts (CPR), change orders (CO), notices, claims, disputes, etc. 'Cost ° refers to CPRs, COs. No-- -t refers to RFIs, Ndtices, and other similar documents) 5. Employe- nformatlon Total •. of Employees: 11 Number of Managerial/Admin. Employees: 8 Nu ser of Trades Personnel and total number per classification: (ApprenOces must be listed separately for each classification) Superintendent (11 • Cementer Foreman Ell How- many employees rare working under H2B-VigEie? 93 HADLEY PARR YOUTH CENTER, 'B-35883A ITB NO.: 12-13-028 SUBSTITUTED 6. Has any owner or employee of the company ever been convicted of a federal offense moral turpitude: If yes, please explain: No 7. Insurance & Bond Information ROM &Brown of Florida, km a. Insurance Carrier name & address: 14960 HW 19th gout, Salle #Z00, Miami Lakes, FL 33018 b. Insurance Contact Name, telephone; & e-mail: Ryan Hehnbotd. L305] 364-1800 rheimboid®hhmla.com c. Insurance Experience Modification Rating (EMR): .98 (If - EMR rating please explaln why) d. Number of Insurance Claims paid out in last 5 year : value: 0 e. Bond Carrier name & address: The Hartford, PON 950482,Lake Mare, FL f. Bond Carrier Contact Name,. telephone, : e-mail: Michael Holmes [Agent] r9541851-1313 mbol 1 estlhh-wph.cam g. Number of Bond Claims paid ou n last 5 years & value: 0 8. Have any claims lawsuits been le against your company in the past 5 years, If yes, Identify all where your comp y has either settle or an adverse Judgment has been issued against your compa. identify the year basis for the claim or Judgment & settlement unless the val = of the settlement is covered by a written confidentiality agreement. Yes -se : ; Cached Mallon chart 9. To the best of our knowledge Is your company or any officers of your company currently und- Investigation by any law enforcement agency or public entity. If yes, provide deta : No 10. Ha : your company been assessed liquidated damages or defaulted on a protect in the st five (5) years? .❑,.. Yes ® No (If yes, provide an attachment that provides an ' xplanation`ofthe project'and an explanation. 11 . _Has your company been cited for any OSHA vlolatlons in the past five (5) years? If yes, :please provide an attachment including all details on each citation,,' Provide an attachment 'listing all of the equipment, with a value of $5,000 or greater, owned by your company. see attached 94 HADLEY PARK YOUTH CENTER, 13-3S883A ITB NO.: 12-13-028 SUBSTITUTED Page 94 Item 12 DiPompeo Construction Corporation Equipment Valued Over $5,000 Mitsubishi Dump Truck Bobcat 773 w/Backhoe 709 Attachme New Holland LS 170 (6) Pick-up Trucks Generators Scaffolding Office Trailers Storage Trai rs Conex B xes P ormwork Accessories Temporary Fencing & Gates • peo Construction Corporation CGC #037741 • A Family Tradition Since 1927 eral Contractor a Design Builder o Construction Manager Litigation Date Party Name Plaintiff or Defendant • ., e / Action NI ,: ter Description December 2012 , Gancedo.Lumber • Company (supplier to our Subcontractor) Co- Defendant with Hartford Casualty & Insurance Co. 12-46829CA1 This action arises out of the "alleged" delivery of reinforcing steel by Gancedo to a vendor on our project known as Southwest Miami High School. Gancedo had a DPO (Direct Purchase Order) with the School Board from our vendor b they billed for items not delivered and inflated bills that were not verified by o • company because we were not their client. Since it was a bonded project, sued our payment bond and our vendor owes out more than we owe him. - s by we have found errors in Gancedo's accounting and are still investigating an • .. . counter sue them and sue our vendor. Sept. 2012 School Board of Broward County (Owner) . . Plaintiff 12-26947CACB18 DiPompeo Constru • :. was delayed a year on N.E. High School Swimming Facility by added work : • : ' hitect/Engineer errors which resulted in Owner active interference with our • - ormance, thus causing a material breach of contract by the School Board. : - Owner refused to pay for our extended General Conditions associated with ' ; added work and delays and decided to sue the architect for errors and omissio.. owever, the Owner believes that they are also covered by the No Damage For ! - lay clause and we disagree as our added costs are a result of the added work :1. • not considered damages. Mediation is set for June.2013. www.dipompeoconsiruction.corn 2301 N.W. 33' Couri Unit #102 • Pompano Beach, Florida 33069 • Telephone: (954) 917-5252 • Fccc: (954) 974-4646 a31f1111S8f1S July 2011 hool Board of Bro • . d County (• : -r) < Plaintiff 11-015328CACE03 DiPompeo Construction was delayed a year on Nova High School Swimming Facility by added work and Architect/Engineer errors which resulted in Owner active interference with our performance, thus causing a material breach of contract by the School Board. The Owner refused to pay for our extended General Conditions associated with the added work and delays and decided to sue the architect for errors: and omissions. However, the Owner believes that they are also covered by the No Damage For Delay clause and we disagree as our added costs are a result of the added. work and not considered damages. October 1, 2012, the Architect was made a third party by the School Board to this lawsuit. Mediation is set for June 2013. August • Wood Product Defendant a CE 10-12539 Wood Product Specialties was a subcontractor for DPompeo Construction on 2010 Specialties (Subcontractor) the Tamarac Recreation Center and Whispering Pines Classroom Addition projects. They filed for supposedly extra completed work, even though they walked off both jobsites, did not fmish the work and signed final payment releases. DiPompeo Construction responded via our attorney and is now waiting resolution. August ;: School Board of Plaintiff 10-31869 CACE02 DiPompeo onstruction is owed monies for extended time on the Sheridan 2010 ; .Broward County • Consolidated with Park and Bro. •view Elementary schools due to active interference by the (Owner) 10-016981 (25) Owner and lack • i • ely:responses from the Architect. The School Board sued the Architect on : • adview & Sheridan and DPompeo Construction was advised by the School Bo..•• to file suit against them in order for the School Board to resolve the claim vi . .. ediation and a back door board meeting. We are still in mediationawaiting olution on Sheridan. The case number wherein the School Board sued the hitect on Sheridan is 10-016981(25). The School Board also sued the Architec : . Broadview. DPompeo has since been paid on Broadview Elementary in . ary 2011 but Sheridan still remains open after the judge denied the School ::. •'s Motion to Dismiss in July 2011. (See attached 1/10/11 letter from the Sch• Board confirming we were cooperative and waited 5 years and the School Bo. < directed us to sue them in order to get paid on both projects.) We had mediatio, on 5/10/13 and since the School Board did not want to accept any blame, the Arc . ' .- ct told the mediator to exercise an impasse. SUBSTITUTED THE SCHOOL BOARD OF BROWARD COUNTY, FLORI OFFICE OP THE SCHOOL BOARD ATTORNLY K.C. WRIGHTADMINISTRATION BUILDING 600SOLOHEASTTtfRDAVENUE, 11T1i FLOOR FORT 1.AUDERDALE, FLORIDA 33301 Telephone (754) 321-2050 Facsimile: (754) 371=2705 January 10, 2011 To Whom It May Coneerni StJBJECT: Di1 omDeo Construction Corp. vs. The School B ird o f Broward County, Florida, case No, 10-31869 CACE 02 This letter is being written in reference to the above efetenced lawsuit; filed on August 5, 2010 in the 17th Judicial Circuit Court, Broward County, Florida/ The dispute involves two separate claims filed by Di'ornpeo Construction. Corp. (DiPompeo) against The School Board of Broward County, Florfda (&BBC), One of the claims is on the Broadview Elementary School which was completed in 20 6. The other involves the Sheridan Elementary School which was also completed in 2006, TM d' ute centers around a difference of opinion between DiPompeo and SBBC.regarding "cost of w, ' for additional work performed on the projects v "delay damages". Delay damages are prohibited yr'der the terms of the contractsbetween the parties. DiPoeuped attempted from th close of the projects to resolve the matters amicably. A pre -suit mediation was held ou 7/6/10 prior suit being filed by DiPorupeo in an attempt to resolve the issues for both project. At the conclusionof shall day of mediation on Broadview only and aftex considering the various issues involved in the two partite claims asserted by piPornp.eo, DiPompeo was advised by, counsel for the SBBC that the best w to expedite resolution of these complex matters was to file a lawsuit in which all parties concerned t •uld address the issues, including defenses. DiPompeo was also advised that the filing of a lawsuit w=.• the only mechanism: that would permit a closed -door meeting between counsel and the SBBC to seek ection towards an arnicable resolution of such matters, • Te or an amicable resolution to Broadview were reachedand shall be presented to the 86091 Board for consideration for approval. - However, resolution of Sheridan remains outstanding, Mediatioi o include the Architect of Record for Sheridan, Sebeakel & Schultz, Inc. was to have been held0/27110. However, on the eve of mediation, Schenkel &-.Schultz declined to participate, The SBB as. filed suit against Schenkel & Schultz, Inc. with regards to Sheridan Elementary. If you have any further questions please do not hesitate to contact me directly. Ihol;r;s C, Cooney, SUBSTITUTED The School Board of Broward County, Florida : HI-I-1. Completion Agreement between T... The School Board of .froward pleating: Regular School Board Meeti HH. County, Florida Attorney Created : Aprll 12, 2013 at 08:29 AM HH-1. Completion Agreement between The School B • and of Broward County, Florida and Di Pompeo Constructi. n Corp. (D) February 22, 2012 Status: Open Agenda Quick Summary / Abstract 12EVISED Approve the Completion Agreement between The School .card of Broward County, Florida, and Di Pompeo Construction Corp. The School Board of Broward County, Florida, (the "=BBC"), entered Into a Contract, dated April 21, 2009, with DI Pompeo Construction Corp , ("DI POMPEO") for the construction of a New Swimming Facility located at Northeast Hig► School (P.000229, f.k.a. 1241-22-02), (the "Project"). During construction of the Project, DI POM s 0 performed extra work at the request of SBBC and for which DI POMPEO Is entitle to an Increase In the Contract Sum. In addition, DI POMPEO performed work pursuant t• allowances specified In the Contract; however, the actual resulting cost of such work ent es theSBBC to receive a decrease In the Contract . Sum. Although the Project Is complete there remains a dispute between the Parties concerning DI Pt7MPE0's entitlement to a• •Itional time and monetary compensation for delay, which is prohibited under the "no da :ges for delay" provisions of the Contract. This Completion Agreeme t resolves the undisputed portions of DI POMPEO's claims, provides for payment of/such undisputed sums, provides for a credit to the contract amount for unused allowances/provides for the right of DI POMPEO to pursue the disputed portions of Its claims throug y1 tigation, and requires such litigation to be filed and served within 90 days of rejection of a final time -impact analysis ("Finai.TIA") to be submitted by DI POMPEO.• This Completion Agreement more efflcientiy disposes of the disputed claims by limiting the period In w ich a lawsuit could be flied and eliminates entitlement to any pre -judgment Interest o - the undisputed amounts to the contract. The Pr ject has received both a Certificate of Occupancy (OEF 110B) and a Certificate of Final nspection (OEF 209). Both documents were signed by the Building Official on October 24 011. e recommendation for Final Acceptance of the Project and release of retainage by the SBBC will be placed upon a future Board Meeting 'agenda. District staff and the General Counsel's Office recommend approval of the Completion Agreement as a fair; reasonable and cost-effectivel resolution of the undisputed portions of http://eagenda3.broward.k 12.II.us/cgi-bin/WebObj ects/eAgenda.woa/wo/65.0.7.1.3.0.1.7.3... 4/12/2013 F SUBSTITUTED The School Board of Broward County, Florida : HH-1. Completion Agreement between T... DI POMPEO's claims. The financial Impact to the district is a CREDIT in the a rr rt* f $48,736. Requested Action REVISED Approve the Completion Agreement between The School Board of Broward Co ty, Florida, and DI Pompeo Construction Corp. Summary The School Board of Broward County; Florida, (the "SBBC7"), enterento a Contract, dated April 21, 2009, with Di Pompeo Construction Corp., (7DI POMPEO7 or the construction of a New Swimming Facility located at Northeast High School (P.0029, f.k.a. 1241-22-02), (the "Project"). During construction of the Project, DI POMPEO performed e ra work at the request of SBBC and for which DI POMPEO Is entitled to an increase the Contract Sum. In addition, DI POMPEO performed work. pursuant to allowances spe-fled in the Contract; however, the actual resulting cost of such work entitles the SBBC to eceive a decrease in the Contract Sum. . Although the Project Is complete, there remains .• dispute between the Parties concerning DI POMPEO's entitlement to additional time an monetary compensation for delay, which Is prohibited under the "no damages for delay" •rovislons of the Contract. This Completion Agreement resolves the 4 ndisputed portions of DI POMPEO's claims, provides for payment of such undlsput sums, provides for, a credit to the contract amount for unused allowances, provides for ta right of DI POMPEO to pursue the disputed portions of its claims through litigation, and equlres such litigation to be filed and served within 90 days of rejection of a final time -I •act analysis ("Final TIA") to be submitted by DI POMPEO. This Completion Agreemen ore efficiently disposes of the disputed claims by limiting the period in which a lawsuit ••uld be flled.and eliminates entltlernent to any pre -judgment interest on'the undispu d amounts.to the contract. The Project has rec- ed both a Certificate of Occupancy (OEF 110B) and a Certificate of Final Inspection (. F 209). Both documents were signed by the Building Official on October 24, 2011, The recomm ndation for Final Acceptance of the Project and release of retainage by the SBBC will placed upon a future Board Meeting agenda. pistric taff and the General Counsel's Office recommend approval of the Completion Agre' ent as-a'falr, reasonable and costeffective resolution of the undisputed portions of DI •MPEO's claims. School Board Goals Goal Six: Parents, Business and Community Partnerships (2008-2011) http://eagenda3.broward.k12.fl.us/cgi-bin/WebObjects/eAgenda,woa/wo/65.0.7.1.3.0.1.73... 4/12/2013 SUBSTITUTED The School Board of Broward County, Florida : H-2. Completion Agreement between Th.,. • The School Board of Broward Meetlno; Regular. School Board Meetln County, Florida Attorney Created April 12, 2013 at 08:28 AM H-2. Completion Agreement between The School Bo rd of Broward County, Florida, and Di Pompeo Construe on Corp. (C) April 05, 2011 Status: Quick Summary / Abstract • Approve the Completion Agreement between The School Boar• of Broward County, 'Florida, and DI Pompeo Construction Corp. The School Board of Broward County, Florida, (the "SBB , entered Into a Contract, dated • September 23 2008, with DI Pompeo Construction Corp ("DI POMPEO"), for the construction of a New Swimming Facility located at N. a High School, (Project No. P,00245, f.k.a. 1281-22-02) (the "Project"), During construction of the Project, DI POMPEO p rformed extra work at the request of SBBC and for which DI POMPEO is entitled to increase In both the Contract Sum and .Contract Time. In addition, DI POMPEO per •'med work pursuant to allowances specified to the Contract; however, the actual resulting ost of such work entitles the SBBC to receive a decrease In the Contract Sum. Although the Project is complete, ther:' remains a dispute between the Parties concerning DI POMPEO"s entitlement to addltio =1 time and monetary compensation for delay, which Is prohibited under the "no damages or delay".provisions of the Contract. "This proposed Completion Agreement resolves e undisputed portions of DI POMPEO's claims, provides for payment of such undispute • sums, provides for a credit to the contract amount,for unused :allowances, provides r the right of DI POMPEO to pursue the disputed portions of Its claims through litigation '.nd requires such litigation -to be filed and served within 90 days of approval of this A. -ement and rejectlon of all or a portion of a final time -impact analysis ("Final TIA") to •esubmitted by DI POMPEO. The Project was Issu a Certificate of Occupancy (OEF 110B), signed by the Building Official on Septem r 3, 2010, and more recently, the Project was determined to be finally complete and rec ved a Certificate of Final Inspection (OEF 209), signed by the Building Official on Marc 7, 2011. The recomn ndatlon for; Final Acceptance of the Project and release of retainage by the SBBC will.,p`e placed upon a future Board Meeting agenda. Distrtc taff and the School Board Attomey's Office recommend approval of the Completion Agre ent as a fair, reasonable and cost-effective resolution of the undisputed portions of DI MPEO's claims. e flnanclal Impact to the district fs a CREDIT In the amount of $105,148. Requested Action Approve the Completion Agreement between The School Board of Broward_County, Florida, http://eagenda3.bi oward.k12.f1.us/cgi-bin/WebObjects/eAgenda,woa/wo/b 1.0.7.1.3.0.1.7.3... 4/12/2013 SUBSTITUTED The School Board of Broward County, Florida : H-2. Completion Agreement between Th... and DI Pompeo Construction Corp, Summary The School Board of Broward County, Florida, (the "SBBC"), entered into a Contract, ated September 23 2008, with Di Pompeo Construction Corp,, ("DI POMPEO") for the construction of a New Swimming Facility located at Nova High School, (Project N. ' P.00245, f.k.a. 1281-22-02), (the "Project"). • • During construction of the Project, DI POMPEO performed extra work at the •` quest of SBBC and for which DI POMPEO is entitled to an increase In both 'the Contra ct Sum and Contract Time. In addition, DI POMPEO performed work pursuant to alto ances specified in the Contract; however, the_actual resulting cost of such work entitles tee SBBC to receive a decrease In the Contract Sum. Although the Project Is complete, there remains a dispute betwee the Parties concerning DI POMPEO's ent!t!ome^t to additional time and monetary cote' _nsat►on for rielay, which is prohibited under the "no damages for delay" provisions of the ontract. This proposed Completion Agreement resolves the undisputed portions of . POMPEO's claims, provides for payment of such undisputed sums, provides for a cred to the contract amount for unused allowances, provides for the right of DI POMPEO o pursue the disputed portions of Its claims through litigation, and requires such [It[gatioto be flied and served within 90 days of approval of thls Agreement and rejection of - or a portion of a final time -Impact analysis ("Final TIA") to be submitted by DI POMP '. The Project was issued a Certificate of Occupa (OEF 110B), signed by the Building Official on September 3, 2010, and more rec tly, the Project was determined to be finally -complete andreceived a Certificate of Final : nspection (OEF 209), signed by the Building Official on March 7, 2011. The recommendation for Final Accept ce of the Project and release of retalnage by the SBBC will be placed upon a future B rd Meeting agenda. District staff and the School Boa Attorney's Office recommend approval of the Completion Agreement as a fair, reasonabl and cost-effective resolution of the undisputed portions of DI POMPEO's claims. School Board Goals Goal Six: Parents, Bus ess and Community Partnerships (2008-2011) Financial Impact The financial impact to the district Is a CREDIT In the amount of $105,148. Source off Additional Information Thomas.dCoQney Esq 754-321-2050 Marylin Batista -McNamara Esq 754-321-2050 soclated File Attachments Completion Agreement (Files) policy 7005 (Files) Consent of Surety (Files) http://eagenda3.broward.k12.fl.us/cgi-bin/WebObjects/eAgenda.woa/wo/61.0.7.1.3.0.1.7.3... .4/12/2013 SUBSTITUTED B. Project Management & Subcontract Details 1. Project Manager for this Project: a. Name: IonShamho b.. Years with Company: 10 Years c Licenses/Certifications:LEEOAPpOSHA SO d. Last 3 projects with the company including role, scope of work, ism attached urolecthriormatton sheets for Tamarac Community Coster, Complex and Tamarac Public Sendee Complex] 2. Subcontractors: Name MCO alue of project: arac.Sports Trade % of Work License No. Certification* Consulting �/. e j / A449 CSBE A P Siteworks Falcon Supreme Gravity/A1 Duran Electric t! 1v 4 GG i 3oo1'08 irliS HVAC -4/.. 6, /. GHG 0S7078 C SBEr Underground /- 2- % CUC1225020 State Fire Prote ion %(I 04821400011985 State i is /• CGC1508132 CSBE */- - /z2%.CCC1 32983 5J058315 State/State i/- 3 7 CGC1508102 State g 1/.4 %. CFC057923 CSBE unity small business enterprise & name of certifying entity) Div. 9 Roofing Specified Arch. Kalwal Leza Plumbing Plumb ('active certifications of c 3. Scope of actual . cons corresponding percen trailers, and other similar no All conc ction work to be performed by your company and the e of the work: (This does not include such items as insurance * bonds, dumpsters, nstruclion work Items) 2 0 block, carpentry, Div_ 10, doora_frqmps/ hardwar-, sitework (not utilities), and all else not C. Currentr%•rpaaerQve• 1. Current perience Including projects currently under construction, recently awarded, or pendin. award (Provide an attachment to this questionnaire that lists all such projects, Inclu • , g the owner's name, title and value of project, scope of work, projected or actual sta date, projected completion date, and number of company trades personnel a Igned"to the project) (see attached] 2. -rior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes Completed Projects the Proposer considers of a similar, size, scope and complexity that the City should consider In determining the Bidders responsiveness and responsibility. This attachment must lnclUde the project that meets the minimum number of projects Identified by the bid solicitation. Information provided must Include the owner's name- , address and contract person, Including telephone & e-mall, 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 lirnited ,to; design -build, CM dtiRisk, Design -Bid -Build, etc, is to be 95 HADLEY PARK YOUTH CENTER, B-35883A JTB NO,:12-13-028 SUBSTITUTED -' Page 95 Item C 1 DiPompeo Construction Corporation Current Experience Under Construction Owner: Broward County Project: Park Improvement and Constructio Annual Contract Award for the East Park District (various cations) Contract Amount: $2,334,.085.66 DiPompeo personnel assigned: (1) Pr• ect Manager, (1) Superintendent and (1) Carpenter fo. eman Owner Contact: Gary Kimillet ' (954) 357-8193 Owner: City of Tamarac Project: Mainlands Park (a - sign/build) Contact Amount: $1,385 1 00 Projected Start Date: J 4 e, 2013 DiPompeo personn-. assigned: To be determined Owner Contact: J. Doherty, P.E. (954) 597-3706 Pendin • Aw Owner: oward County Aviation Department Projec Hurricane Protection at Ft. Lauderdale/Hollywood Airport Con a act Amount: $2,600,000 r:Jett=Start-Date:`June, 2013 iPompeo:.personnel:.assigned: To be determined weer Contact 'Curt s 'Celestine @ (954) 359-2590 SUBSTITUTED Identified for each Project If there is a difference between the Initial and final co or initial and actual timeframe provide details on why the differences exist. A ref nce letter Is to be completed by the owner of the Project and submitted as part of e Bid submission. Mee attached' D. Bidder's References Bidders are to include a minimum of five (5) references from complete projects listed in C.2 above. The attached form Is to be used and Is to be Inc 4ded with the Bid submission. The City, at Its sole discretion may allow the dder to submit the references after the specified date for Bid submission. 96 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 SUBSTITUTED Page 95 Item C2 DiPom eo Construction Co i oratio Prior Projects SEE ATTACHED P JECT PROFILES SUBSTITUTED SUPPLEMENT TO BID FORM CUSTOMER REFERENCE LISTING (Page 1 of 1) Bidders may furnish the names, addresses, and telephone numbers of firms or gover ent organizations for which the Contractor has provided seivlces In addition to the minimu ve (5) projects of a similar size, scope, and complexity, 1) Company Name City of Coral Springs Address 9551 W. Sample Rd. Coral MINIS, FL 3 65 Contact Person/ContractAmount Maros Austin (0 er'sfepl$3,373,838 Telephone No.: /Fax No. 10541730-070711bone 4] 780-2080 fax 2) Company Name City Of Plantation Address 401 CW70th terrace, ntatian; F133311 Contact Person/Contract Amount Telephone No.: /Fax No. 195417 3) Company Name Mel uderdale nny Eueddine $7,159,185 -2256 phone 19541707-2649 fax Address • 100 ..Andrews Avenue, R. Lauderdale, FL 83815 Contact Person/Con ht Amount Mark Friedman $1,997,000 and S2,708,191 Telephone No,: x No. t9541828-5952phone 03541828-5074 fax Company Na • e CltyofMargate •Address 57110 Margate Blvd., Margate, FL 38068 Contapi'Person/Contract Amount Maria Oscello $3,600,000 T,[dphone No:: /Fax No. 6) ,'ompany Name Address 19541444-7399 phone 19541 985 5258 fax Clty of Coral gables 2800 SW72nd Ave., Coral Cables, FL Contact Person/Contract Amount Hall Seto (owners Ban) $500,130 Telephone No.: /Fax No. 13051448-775Bphone 18051460-5371fax 97 HADLEY PARK YOUTH CENTER, B-35883A MI NO.: 12-13-028 SUBSTITUTED Se Fi d/ €,' �L /`t'a� �. r`ial'>[�IeL7 IMP/ 1 ���'...a" u.< �-:.:i ri Miami, lorida Cost ofProject: $6,516,495 Cost of Project/SF:: $90/SF % of Work Performed With Ow Own Forces: 18% Commencement Date: April 2011 Completion Date: August 2012 Firm t Responsibility: General Contractor Location of Project: 8855 SW 50th Terrace Miami, Florida 33165 Staff.• Superintendent Bob Starling Project Manager, Ben Guanella Owner: The School Board of Mtami Dade County 1450NE2ndAve Miami, Florida33132 Nic Betancourt (305) 995-2319 Architect: WojbergAlvarez & Partners 1500 San Remo Ave, Ste. 300 Coral Gables, Florida 33146 Descriptio of Work Performed:: Demolish 'xisting vocational building, construct two new 2 story tilt -up vocational buildings, parking lot, and remodel / renovat2 existing builidings. New vocational buildings include photography lab, automotive mechanics lab, wood shop, cons tion technology lab,: cosmetology lab, 2D & 3D art labs, communications (graphics) lab, and business education & dre;' g technology resource center. Di Po apeo Construction Corporation -. t f'narllr 7rrutlrinn 51nry 1 U2: OF General Contractors •Design Grrlldars•CoastructGo Nangrerl SUBSTITUTED CO of To Whom It May Concern Subject: Reference Letter Name of Bidder. The aboire referenced contractor is submitting on a bid solicitation that has .een issued by the City of Miami. We require that the Bidder provide Written references wit heir Bfd submission and by providing you with this document the Contractor Is request' ; that you provide the following reference Information, We would appreciate you providing : e information requested below as well as any other information your feel Is pertinent: Name of Project: HVJESI'MiA t4L RTIALi$ Merl (134A.`sei) Scope of work: New (2)5iroIRre5 it iai bUT ICIKI )s1 s yrL .t ,,.. Value of project $ (Lot 4 ai 90P4 , Date Cometed: /1 /V.% Percentage of physical construction work self-performe-- .y Contractor: rJ % Was project completed on time & within budget r: Yes ❑ No If no, was the contractor at fault or oontrtbute to t delay(s) or Increased cost? ❑ Yes �No if yes, please provide details: tam JOHNNY MARTINEZ, City M agar Common Thank you for yo assistance In helping us in evaluating our bid solicitation. Name of lndi al completing. this form: Atc.cxt . 6 s,crauoaccr Date: Signet Telep . ne: ?ice-' % - 3c36 2 E-mall: c .ucfr Si R : e1y4 Mark Spanfoli, P.E,, Director Capital improvements Program me:��ao� 98 HADLEV.CARIM 1'017111 CENTER, B3588311 ' ITR NO 4.12-13.028 SUBSTITUTED Suparintendont of Schools Alberto M. Carvalho March 20, 2013 To whom it may concem: The Miami -Dade School Board would incerely like to commend DiPompeo Construction Corporation for all their co -truction efforts at Southwest Miami Senior High School. This was a cornpetitivel, bid project and the scope of work included demolishing our 35,000 SF existing vcationai building, constructing a new 50,000 SF two story vocational facility, renovati ' g the interior of two existing buildings, parking lots and concrete courtyards/patios. Even with the additional paper ork required for E-Verify, Implementing our Owner Tax Saving Program, complying ith the Davis Bacon/Prevailing Wage requirements and exceeding our expected t nority goals, the project was completed on -time and within budget. lliliaml-'ade County School Board Perla Tabares Hantmen, Chair Dr, Martin Karp, Vice Chair Dr. Dorothy Bendross-Mindingall Susie V. Castillo Carlos L. Curbelo Dr. Lawrence S. Feldman Dr. Wilbert °Tee°Holloway Dr. Marta Perez Raquel A. Regalado DiPompeo's staff wa knowledgeable and cooperative. The quality of work was above average and the c rdination of the concrete tilt -up panels was exceptional. We highly reco mend DiPompeo Construction Corporation and look forward to working with them in the future. Sincere • icolas A. Betancourt, Design & Construction Officer RECEIVED MAR if 2013 • DI poMPEO CONSTRUCTI IU ( CORR • �ir,'�:Iil•.:i}i•II( ()�3fi,f1 8 (.C41Mi•u (iui Otiti;i?i ti: iir,:.! B.:.i d \ ru�:rn;b.�t .ir1 , iuhtin+7 ! i'irr t'1 E Nei d L u:� F�:rhr , i SUBSTITUTED • " completed the oJect from new construction then demoli- tion of the old re station, with minimal im • • of fire personnel and emer operations. John DPompeJr. and his staffrntshed the pro = within contract time as well below proposed budget." JeffreyA. Justinak Acting Fire Chief Di Pompeo Construction Ca7po,a8m 4r. ,Th T' ThSm *n. 191' 0awc ,ma•advaairw n, a..Mane, Cost of Project: Cost ofProject/SF: of Work Performed Commencement Dat Completion Date: Firm's Response 'ty: Location ofPr4ject: Staff. Architect: Contact: e ti t 3 Ft. Lauderdal Florida $1,977,000 (3 phases) $226/SF th Our Own Forces: 17% April 2009 August 2010 General Contractor 2801 SW4th Avenue Fort Lauderdale, Florida 33315 Project ManagerJon Shambo Sr. Project Coordinator, Carrie Pereira Superintendeni Bob Starling City of Fort Lauderdale 100 NorthAndrewsAvenue Ft Lauderdale, Florida 33316 Mark Friedman (954) 828-5952 City ofFt. Lauderdale - Engineering & Architectural Services 100 North Andrews Avenue, 4th Floor Ft. Lauderdale, Florida 33316 Frank Snedaker, A.I.A ChiefArchitect (954)828-5772 Description of Work Performed: Construct a new (1) story 8,745 SF concrete masonry fire -rescue building consisting of Living/ sleeping quarters,commerci$1lotchen, bathing facilities, a 300 kW generator, a 2,435 SF apparatus garage with two drive thrii;ba, s;'`froptandrear concrete aprons, then demolish the existingfrre station and add parking for 19 vehicles, re -landscape site, add sidewalks and perimeter fencing. SUBSTITUTE D OITY OF FORT LAU DER DALE January 11, 2011 Di Pompeo Construction Corporation 2301 NW 33rd Court Suite 102 Pompano Beach, FL 33069 To Whom It May Concern: On May 19, 2010, the City of Fort Laud - dale had the pleasure of occupying Fire Station No. 3 located at 2801 SW 4th enue. This was the fourth station built by the Fire Bond program enacted in t e year 2004. Di Pompeo Construction Co construction to demo personnel • emerge . cy the pro; t contra R JAI : hb EQUAL OPPORTUNITY EMPLOYER rpo tion completed the project from new liti of the old fore station, with minimal impact of fire o rations. John Di Pompeo Jr. and his staff -finished time as well as below proposed budget. 1,4 S1 OFFICE OF THE FIRE CHIEF FORT LAUDERDALE FIRE-RPsSCUE 52E N W. 2 STREET, FORT LAUDEROAL5, FLORIDA 3331 1.9100 TELEPHONE 19541 62B•61300,.FAX 1954) 028.6943 www, f o rt t a u d e rda l e, g o v 1:ECIERVED JAN 1 : All D1 POMPEO CONSTRUCTION CORP PRINTED OH RECYCLED PAPER Rat, SUBSTITUTED ".....DIPompeo timely and pro project mans lent.,.. The City of Coral Gables w k was both tonal. Their ent waa excel- • Boriana Cloutier City of Cora! Gables 71CC�: Di Pompeo onivroelton Corperaaan A FOTV BmrWa+.ilnn 1977 aeunlcrorrntl/nW 999d0•Cmaarkelrnaen Venethi oo1 City of Coral Gable ', Florida Cost of Project: $506,130 • Cost ofProject/SF: $20/SF (Pool Renovation Only) % of Work Performed W 4e Our Own Forces: 20% Commencement Date: November 2009 Completion Date: April 2010 Firm's Responsibil. General Contractor Location ofProje t: 2701 De Soto Blvd City of Coral Gables, Florida Staff Project Manager, John DiPompeo Jr. Assistant Project Manager/ Sr. Project Engineer, Ben Guanella Owner: City of Coral Gables 2800 SW 72nd Avenue Coral Gables, Florida Boriana Cloutier (305) 460-5034 ehiiect Ferguson Glasgow Schuster Soto, Inc. 1500 Ponce De Leon Blvd., Coral Gables, Florida Contact: Nati Soto, A.LA (305)443-7758 Description of Work Performed: The project consisted of the repair of cracks in the horizontal and vertical iurfaces of the pool below the water line, replacement of sealant in the longitudinal and latitudinal expansion joints of the con- crete slab pool bottom, 'improvements to the water..circulatinnnetwork and the. chemical treatment system to increase 'chlorine'levels throughout the pool, provide a.portableA-DA compliant access lift, repairs to the pool deck finish and installing a clear epoxy anti slip finish, restoration of the Venetian Poles, perform drainage improvements at the Loggia and all associated electrical and plumbing work. This project is on the Historic Register. get �la August 2009 • • Tarmac '..,, erica LLC (Supplier . Our Subcontra . . . • :',• Defendant 502009SC008898XX XX111BRF Document Tracking No. SM-09-153293 Action Building/Solid Foundation of Palm Beach was a Subcontractor for DiPompeo Construction on the City of Ft. Lauderdale Fire Station #29. Tarmac America LLC wastheir supplier and was not paid the balance owed to them. Tarmac sued DiPompeo Construction and our Bonding Company for the balance. DiPompeo Construction paid Tarmac and the suit was dismissed with prejudice. .T-une 2009 .. 'Vince Grifasi . (Ex employee) Defendant s' I 9-CV-60858-Cohn- Seltzer Former employee that resigned and seeking damages. An agreement was reached. The case is closed. a3111/11Sans SUBSTITUTED The City of Coral Gables Public Works Department 2800 SW 72.AvENUE MI. Mi, FLORIDA 33155 July 26, 2011 To Whom It May Concern Re. DI Pompeo Construction Corporation Dear Sir/Madam: We retained Di Pompeo Construction Corporation as the General Contractor of the Venetian Pool Repairs project In 2010. The Venetian Poo over 800,000 gal. pool) Is a unique historic treasure in the City -of Coral Gables, included in The Natio al Register of Historic Places. It Is built in a former quarry pit and is shaped like a free form lagoon, co, plate with coral rock caves and an isjand, . The protect consisted of the re: oration of historic features, upgrading of the chlorination system, repair and restoration. of vario-s areas :of the Venetian -pool complex, including the pool deck, and the pool bottom and pool joints. Because of time cOnstraii ' it was necessary to fast track the project. Di Pompeo Construction fully cooperated and worked Ith the City Staff and Historic Preservation Department thru the difficulties created by unfore 'en conditions at the existing pool bottom and deck. Throughout the project, they demonstrated - elr ability to solve complex issues. Attention to det• and informing of project progress and completion on time were -very important in this proje - and they were successfully accomplished by their staff: All historic fi sties were successfully replicated, and the Venetian poles were restored and brought back -to th .original appearahce. - DiPompeo's wo , was both timely and professional. Their project management was excellent, and the subcontracto ere efficient and cooperative while performing work of high quality. The - roject was completed successfully on time and within. budget due to the commitrnent and professio : isni of DiPompeo's staff. I recommend them highly. Since 8,orial a.Cioutler,,R.A., I Architect.- Public Works Department City of Coral Gables, Florida. P.O. Box 141549 Com GABLES, R oruiA 33114-1549 PHONE (305) 460-5000 . FAX (305) 460-5080 SUBSTITUTED 0 Arch(te0ure a'P.lenning ei•Interior 0ee1g11 A•j%. a.000loa Web: cU.vrw.fgss.nea Em41.4ii C°?tgeb, ngt Ft L9 LaiFit r -r ®. a r a 1500 Ponce De Leon Blvd First Floor Coral Gables, FL 35134 306.4.4E 68 No) 308.44 . 5T Ll May 24, 2011 Re: b(Pompeo Construction Corp. To Whom It May Concern: We are pleased to provide this letter of reference for n ompeo Construction Corp. DlPompeo was the General Contractor on the renovations of th-, ehetlan Pool In Coral Gables, This project Included the rehabilitation of the pool Interior s -ces, Improvements to the chemical treatment system, repairs to the pool deck finls.hes and re: ration of the Venetian Pole decoratlVe painting. The work was completed on time and with budget. DlPotnpeo demonstrated their willingness to WOO( as a Team and the staff conducte•. themselves. In a professional manner, They responded readily to comments and concerns fro •oth the Owner and my Firm. Please do not .hesitate -to -conta e If you have any questions or wish to discuss this reference further. Slneerety, • Nativldad Soto, Al •, LEED AP President SUBSTITUTED Imal impact g1'.fire per- , located In the adjacent t5,1hporary.housing. Please ex - /tend ow 'appreciation to John DI / Pompeo Jr. and his staff for corn- / plettng the protect within the scope / elite Je0'reyA. Justinak Acting Fire Chief Di Pom Conanutloe Won 4 nailr rnt$t m ,tare nr• #2 Ft. Lauderda e, Florida Cost of Project: Cost ofProject/SF % of Work Pert* d With Our Own Forces: Commencem tDate: Completio• 'ate: ' Firm's R' • onsibility: Locati• . of Project: Owner: Architect: Contact: $2,703,191 $246/SF 19% January 2009 Tanury 2010 General Contractor 2002 NE 16th Street Fort Lauderdale, Florida 33316 Project Manager, Jon Shambo Sr. Project Coordinator, Carrie Pereira Superintendent; Bob Starling City of Fort Lauderdale 100 North Andrews Avenue Ft. Lauderdale, Florida 33316 Mark Friedman (954) 828-5952 City of Ft. Lauderdale - Engineering & Architectural Services 100 North Andrews Avenue, 4th Floor Ft. Lauderdale, Florida 33316 Frank Snedaker, A.LA ChiefArchitect (954)828-5772 Description of Work Performed: . New construction of a 10,300 square foot, two story, fire -rescue building including a 2,500 square foot fire fighti4 apparatus; garage. _ two drive through ,engine -bays, reinforcedconcrete and masoiiry`structure uhli�rng precast concrete tees for the second floiir:and roof deck with a stucco exterior finish; living and sleepingquarters, bathing facilities, a full commercial kitchen and a hy- draulic elevator, a 300 KW emergency stand by generator, concrete and asphalt paving for 32 cars and concrete retaining walls. This work was closely coordinated with The City of Ft. Lauderdale Fire Department in order to maintain constant operation of the existing temporary Ere -rescue station. General COr peg SUBSTITUTED CITY OF FORT LAUDERDALE Venice ofj4iiwrka March 30, 2010 To Whom It May Concern: On February 25, 2010, the City of Fort Lauderdale ; : d the pleasure of occupying Fire Station 29 located at 2002 NE 16th Street. Di Pompeo Construction Corporation compl: d the project from the demolition of the old fire station to the construction of the n . ' station with minimal impact of fire personnel, located in the adjacent tempo ! ; housing. Please extend our appreciation to Jo :. Di Pompeo Jr. and his staff for completing the project within the scope of the pr• . osed contract time constraints and within the proposed budget. APf! 2010 0 CON KJC71ON CORD of JAJ/CB E ili'•1 0P C.t1TI11.11 l EI.I PII)�E,R OFFICE OF THE FIRE CHIEF FORT LAUDERDALE FIRE -RESCUE 528 14 W. 2 siR@er, FOR•I LAUDEIWAl E. FLORIDA 333, 1•9108 TELEPIIUHE (9541 e2e•6e00, FAx 1954i 828.8943 www.lortlauderdolo.gov PRINIenOil RerrccEn PnPER ��A SUBSTITUTED Tet [ roc Community C=. ter Tamarac, lorida - V I MUMikr Vr-g- mar •LarAM _ - 4aAALWE •—.1.thgob.ma. - — - - MERrh;'' de a& - ==== w• _Wtfn-AN1114 tl* 2-1wum 1•11001111011-01,- Cost of Project: Cost of Proje : % of Work P= armed With Our Own Forces: Commenc, ent Date: Comple' on Date: Firm Responsibility: Lo tion of Project: Steff: Owner: Architect: Contact: - _ • Description of Work Performed: - Demolish the existing 10,000 SF building and it with a 15,100 SF 2 story precast hollow core slab, metal truss, metal roofed community center with instructional kitchen, game room, offices, meeting rooms, art and ace rooms, concession stand and restrooms as well as install new dugouts at the existing ball fields, reconfigure existing parking lots for proper circulation and positive drain - Di Pompeo age. matrudionorpomw A Foo* Troiiskabor Igr $4,033,000 $239/SF 22% November 2007 October 2009 Design/Builder 7501 North University Drive Tamarac, Florida 33321 Project Managm; Jon Shambo Project Engineer; Ben Guanella Superintendent, Richard Dechcme City of Tantarac 6011 Nob Hill Road 2nd Floor Tamarac, Florida 33321 Greg Warner (954) 303-9395 Email: gregw@tamarac.org R E Chisholm Architects Matt Polak (305) 542-9235 - smalpstreorpneolvilefiarOargratacilaves SUBSTITUTED City of ACMfli JOHNNY MARTIN C To Whom It May Concern Subject: Reference Letter Name of Bidder. The above referenced oontraotor Is submitting on a bld solicitation th City of Miami. We require that the Bidder provide written referen and by providing you with this document the Contractor Is re following reference information. We would appreciate you pro below as well as any other Information your feet Is pertinent: Name of Project:A Scopeofwork: �.1 r /$uLA eF /S,/00 Value of project: $ Lj 0 3 3 0 0 0 . Da Percentage of physical construction work self--p Was projeot completed on time & within bu If no, was the contractor at fault or oontrl If yes, please provide details: Comments: p Cop oMMC-4-,-14 W tfuitne-G, i_ Fr02.1` pR-oC5S1 P2ov,dE.6 fist ?ilaou&Iwr A,v UPL/1 ff tVtA A C,13.hl�i"r PRoo , P.E. Manager as been Issued by the with their Bid submission esting that you provide the ng the Information requested QFr c25A-no Id aPilit_ Completed: OGroe vt 0)-008 rmed by Contractor: A Yes 0 No e to the delay(s) or Increased cost? ❑ Yes D No t: Than ou for your assistance In helping us In evaluating our bid solicitation. N e of Individual completing this form: GR44.0AI ka_r'f Date: _ ! 3 Signature: eAd' r�. na& °title: U IR 1. cd F Ph q.-R l.cA$A-r"N 7a Telephone&S`) -I - 30r E-mail: qre . wa..rner (D 7`s,ti.ara-c,vr Sincerely, J J Mark Spanioll, P.E., Direotor Capital Improvements Program 98 IHADLEY PAi11t YOIJTHCENTER, B-35883A' • ' ITO NO.I 12-13-028 SUBSTITUTED PARKS AND RECREATION April 13, 2010 Mr. John DiPompeo DiPompeo Construction Corporation 2301 NW 33rd Court, Suite 102 Pompano Beach, FL 33069 Dear John: Gregory W. ner DIRECT On behalf of the City of Tamarac Parks a ' ' Recreation Department, I would Ilke to extend my thanks to DiPompeo Construction for eir quality work in constructing the 15,000+ square foot Recreation Center and surrounding . hletic field Improvements. Thls state of the art facility replaced an outdated facility tha as no longer useful for the needs of our community. The facility has been met with rave eviews from both the community and our elected officials. Programming has expanded • r our residents thanks to this quality facility. Anytime a fadlity of thl agnitude comes together, the end user (City) sees things they would like to change during esign and construction. We realize that this creates a challenge for your team. Through th • rofesslonalism and flexibility of you and your staff, your company was able to work with the Ity with a very positive result. The end product made up of an instructional kitchen, arts : rafts room, teen room, game room, meeting rooms and office space will be something - e City will be proud of for many years to come. The project also included a new concesslo stand, along with Improvements to the ball field dugouts and the surrounding area . that ha ' een heavily used and appreciated by the City softball leagues. nt to thank you for the professionalism, cooperation and direction provided by your mpany throughout this project. Even with many City initiated changes, the project was completed on time and within budget. RECEIVED APR .16 2010 DI POMPEO ONSTRUCTION CORP. Sincerely, "emanated to £xeetteaee.;.iftwata," 13601 W. Commercial Boulevard I Tamarac; Florida 33351-4333 I P: 954.597,3620 i F: 954.597.3640 EQUAL OPPORTUM1Y EMPLOYVR Di Pompeo Cowl radian Corporation rear Tinaia rahrei Gasereladedden asb Itelenitedaloallawas 1.4#-6.,*0•2d1- MI-1~ A =Z. • • JrnemorT. •—•••••-- Tamar. , Florida - - rowsr,nr_ 4i4- • it. - - Cost of Project: Cost ofProje, SF: % of Work ' erj'ormed With Our Own Forces: Comme ement Date: Compl • on Date: F' • Responsibility: Li ation of Project: Stqfj: Owner: $5,395,575 $189/SF 18% July 2007 December 2008 Design/Builder 10101 State Street Tamarac, Florida 33321 Project Manager, Jon Shambo Sr. Project Coordinator, Carrie Pereira Superintendent, Bob Starling City of Tamarac 6011 Nob Hill Road 2nd Floor Tamarac, Florida 33321 Levent Sucouglu (954) 597-3900 leventigtatnarac.org R E. Chisholm Architects Matt Polak (305) 542-9235 Description of Work Performed: Construction of a new 20,000 SF office/warehouse, a 2,000 SF storage building and a 5,600 SF prefabricated metal building on a seven acre site with a one acre lake. , ,* "'nye i.op7„4(e7 1 S U BSTITUTE D ac Sports 1 Tam. ac, Florida — ah raattR#�el �.- Cost of Project $6, 029, 700 Cost of Prof = t/Acre: $402, 000/Acre % of Work erformed With Our Own Forces: 16% Comme ement Date: May 2007 Comp •tion Date: December 2008 Fi Responsibility: Design/Builder L, ation of Project: 9901 NW 77th Avenue Staff Owner: Architect: Contact: Tamarac, Florida 33321 Project Manager, Jon Shambo Sr. Project Engineer, Ben Guanella Superintendent, JSherry City of Tamarac 6011 Nob Hill Road 2nd Floor Tamarac, Florida 33321 John Doherty (954) 597-3706 Email: johnd@tamarac. org R E. Chisholm Architects _ _ Matt Polak (305) 542-9235 Description -of Work Performed: - Three new baseball fields with dugouts, a two-story 5,000 SF concession build- ing with second floor viewing area, kitchen, elevator and restrooms, two new parking lots, resurfacing existing parking lots, new playground, pavilion, fish - Di Pompeo ing pier, kiosk, outdoor hockey rink and concrete paving on a fifteen acre site. Construction Corporation rothr.aao:, sort 171* CamdemehotwAtilet 14&AellemdlaMamas SUBSTITUTED 1 LCttp of Meant JOHNNY MARTiNEZ, P.E. City Manager To Whom It May Concern Subject; Reference Letter Name of Bidder; DIPOMPEO CONSTRUCTION CORPORATION The above referenced contractor Is submitting on a bid solicitation that has been iss by the City of Miami. We require that the Bidder provide written references with their Bid /bmission and by providing you with this document the Contraotor is requesting that you .rovide the following reference Information. We would appreciate you providing the inform- on requested below as well as any otherpInformation your feelelis pertinent Nanne of ProJectl NTewb eld�, star corPc�esston bldg., kitchen, elevator -grooms, parking lots, Scope of work: playground pavilion, fishing pier, WM hockey rink on • 8-acre 'site. Value of proJeot; $ $61-129* . Date Completed• 'ecember2008 Percentage of physical construction work self -performed by Con, = ctor: 20 % • Was project completed on time & within budget: of Y > ❑ • Na if no, was the contractor at fault or contribute to the delay( or Increased cost? ❑ Yes 13 No If yes., please provide details; Comments: j Nr�dr Oan.it- D vi S L S& c zy i _F- eSrt - fedi CT'S Thank you far your asalance in helping ue In evaluating our bid solicitation. Name of Indlvlduairpleting this farm; John E. Doherty, P.E. Date: 5/2/13 3lgnature: Telephone: JM J�/v/ua Sincere , Mar, panto'', P.E., Director /Capital Improvements Program HADLEY PA IC YOUTH ci NTi2t, Ha5BB9A 1 • U 1,?/)'- P O Cp i IZo (.T to() o 0.1 ), (aic, fkr,)O: Wok/t. *T 96 Tkle: Asst. Director of Public Works/City Engineer C—mail; lohnd@tarnarac.org SUBSTITUTED fr . yr; f Ca�r��StoruiPc Florida iv "The team worked through delays caused by Hurricane Katrina, Rita and Wilma to keep the project on track for the City. When unforeseen conditions and issues arose you assisted the City with helpful resolution" Larry W. Stalwart Director ofDevelopment City of Coral Sp ' Di Pompeo arnstrardon Corporation 1t .dyroaah..uµ. t1• Cost of Project: Cost ofProje .F: % of Work P .rmed With Our Own Forces: Commen . ment Date: Compl on Date: Firm'. Responsibility: Lo tion of Project: Staff: Owner: Architect: Contact: F 0z Coral Sprin:. , Florida Description of Work Performed: The construction ofa 24,000 SF new 2-story fire/police retention areas, classrooms, apparatus truck bays, work s '4,12.74t `ms�"'maw• 7 $3,373,838 $141/SF 18% July 2005 November 2006 General Contractor 4180 NW 120th Avenue Coral Springs, Florida 33065 Project Manager, Jon Shambo Sr. Project Coordinator, Came Pereira Project Superintendent, Richard Russell City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 Larry Staneart (954) 344-1025 C3TSArchitecture, Inc Chen & Associates Javier Selman (786) 493-8691 Marcus Austin (954) 445-0695 training building with parking lots and tation rooms, offices, restrooms and exam/ training rooms. f cnaura00eru�r ,.u.u..s SUBSTITUTED Civil end Environmental Engineering • Project and Program ManageMint • Value Engineering • Master Planning • GIS / Mapping .• Grant / Loan Administration - bile Relations Mr. John DiPonipeo, Chen and Associates would sincerely like to commend DiPo • eo Construction Corporation for their work and effort to complete the Cor. :pings Public Safety and Technical .Center. The team'meinberg associated with D. ' dmpeo Construction • Corporation worked through adverse conditions and o► tacles .to ensure a quality project. The team faced multiple time delays during humca Katrina, Rita, and Wilma and persevered through these delays to keep the prole • moving forward. As well as time delays, DiPompeeo. Construction also complet asks associated with unforeseen conditions and issues as. well as additional : that are common in construction projects and managed to do so on time and within dget. R 62pa7 oNN d g�UE O :p, Chen and Associates would highly re ommend DiPompeo Construction Corporationfor any future construction project. Respectfully s. •milted, e/5)1 Mus Austin uecto>r of Construction Services Chen and Associates Derrick Smith Construction Project Administrator Chen and Associates "We are diverse and highly motivated professionals building solutions for you with a passion. Because we believe." l3ROWARp 500 W.Cypress'Creek Road, Suite 410 Fort Lauderdale, Florida 33309 Tel: (954) 730-0707 Fax (954)739.2030 MIAMI-DADE 420 Lincoln Road, Suite 240 Miami Beach. Florida 33139 Tel: 786) 497:1500.' Fax (786) 407.2300 TREASURE COAST 1340 U.S, Highway One, Sulle 102 Jupiter, Florida 33469 Tel: (581) 748-6900 Fax (581) 746.8333 SUBSTITUTED DEVELOPMENT SERVICES DEPARTME I MAR i22�. CITY OF COWL Sp1ivGs. FLORIDA CONST 0 WEST C SAMPLE ROAD ORAL SPRINGS, FL 33065 TELEPHONE: (954) 344.1025 FAX: (954) 344-5948 March 8, 2007 Di Pompeo Construction Corporation 2301 NW 33`' Court, Suite 102 Pompano Beach, Florida 33069 Attn: Mr. John Di Pompeo Mr. John Di Pompeo.: I would like tO cpnunend Di Ponipeo +onstruction. Corporation for your work and efforts in completion of our Coral Springs ' bile Safety Training and Technical Center on time and within budget. Your project 'eam worked through difficult conditions and obstacles to ensure we received a quality •roject. The Team worked through delays caused by Hunicane Katrina, Rita and ' ilma to keep the project on, track for the City. When unforeseen conditions an ssues arose you Assisted the City with a helpful resolution. This was very much ap eciated and we look forward to woildng with your Teani in the future, We are proud o •ur unique and highly rated Training Facility. We thank you for making it a reality fo •ur City. Resp ly Yours, ar.ry W. Staneart Director Development Services "We want to he the premier city in Florida to live, work and raise a jrnnily." SUBSTITUTED .Engineers Architects Planners E80005022 AAC002142 To Whomit may Concern: It is with .the greatest personal satisfaction and professional res• :ct that I please ask you to let this letter serve as my Most positive recomme •-tion.of Mr. John DiPompeo Jr. and, his company DlPompeo Construction, I Mr. DiPompeo and his company performed exceptional well on the project we designed called the'Cityof Coral Springs Public Safe and Training Technology. Center. Despite the adversities faced from three:h canes during construction, Mr. DiPompeo and his firm mitigated all of the ti - cost through his firms well coordinated extra efforts In order to insure that is time sensitise life safety training facility was Completed on tirrie and 1 • udgot. The quality of work was above normal standards and Mr. DiPomp= s staff was very knowledgeable in assisting with design decisions. :aCE. rm � r. AR � � ����- ti 01 r07 -;ON DRDi F'•`PEO ION COI4p. We look forward to working with Mr. IPompeo and his staff in .the near future. Should you have any questions • arding either Mr. DlPompeo or his firm feel free to please call. me. Sincerely, Corzo Cas elia Carb- o Thompson Salman Irrian, AIA pal 901 Ponce de Leon Blvd.,. Sulks 900 Coral Gables; Florida 33134 305.445.2900 1.000.448.0227 Facsim(Ie 305.445.3366 WebSflQ: wv+rw.c3ls.corn Equal Opporluri}y Employer SUBSTITUTED "I found your staff t.. e very competent, knowle • : - ' ble and experienced quality of work was a . ove industry standard • .4 paperwork was very p •; sionat I appreci- ated • going the extra mile an our personal attention to .mpleting a successful project within an Impossible time frame." Mark Beatty, AIA MPAArchitects, Inc. Di Pompeo Ceuar dtnn Coryorudo„ ATemtr rmdkIL.S ,N 19i, 6a,MOspwam Jietkmd,IDht. lk..em Cost ofPr' ect: Cost of 'roject/SF: of ''ork Performed With Our Own Forces: C. ntencentent Date: ompletion Date: Firm's Responsibility: Location of Project: Staff: Owner: Architect: Contact: Margat-, Florida $3, 600, 000 $595/SF 18% May 2004 May 2005 General Contractor 6299 and 6200 Royal Palm Blvd Margate, Florida Project Manager, John DIP ompeo Jr. Project Superintendent, Bob Zannini City of Margate 5790 Margate Blvd Margate, Florida 33063 Maria Oscello (954) 444-7399 WA Architects, Inc Mark Beatty (561) 683-7000 Description of WorkPerforrned: New construction of jive buildings, totaling 12,000 SF, a concession, pump house, locker rooms, administrative office and sitework which includes a plunge pool with two slides, competition pool and kiddypool with interactive play structure, basketball courts, gazebos and aplayground area all on a tiny three acre site adjacent to a new existing parking lot and canal . _ T!- lIS L¢ rF 1t_;: SUBSTITUTED Ira = JHITE9JIN. ARCHITECTS•PLANNERS•I • IOR DESIGNERS • • May 16, 2006 Call **" . 0;10904\908cansailPompeo, 04 wpd • • Mr. John DiPompeo DI Pompeo Construction Corp. 2301 NW 33'd Court, Unit #102 Pompano Beach, FL 33069 Re: Calypso Cove Aquatic Facility City of Margate, Florida MP A Project No. 9906 Dear John: We would 'Ike to thank youfor your edicated work and performance on the City of Margate, Florida, Calypso Cow • (vatic Facility: I found your staff to be very competent knoWledgeable an • :xperienced. TheAuality of workwat above Industry standard and the paperwork :$ very professional. I appreciated you going the extra mile and your .personal ention to completing a successful project within an Impossible time frame: We lOo.k forward to e successful completion of future projects With your firm. Best Regards, MPA ARC r TECTS, INC. Mark S. Beatty, AIA ' 2006 Potv1Pri0 CONSTRUut ION Ceri.P. SUBSTITUTED aft ariyde, Altirerri • February, 2007 • John DIPOMPeo, President DiPOMptio Construction Company (DCC) Pompano tilaach, Florida • • Dear Mr. DIPornppo; • The City's Parks and ReOreation Aquatics Diyision raonnel have. begun preparations for out second full summer season at Calypso Cove. I fl that my thoughts have drifted back to the . . very beginning of the project. . I recall theSeerningly never-ending challen s from SO many fronts that surfaced throughout the project To your timpany's credit, DO w s never phased by any issue, regardless of its maghitok yo4 poheietahtiy .addr#50.0 nd OatisfactOly resolved every issue and pphCefh. Each time,.0erY tie, you said wh DCC Was going to do. And then you Op exactly what you . . said. do. many iriata es, DCC actoally•.clici more than Whalyey'salci y00.*010 do. • . • • • • Illikateff aricii.Contintie to gip' dataihe attention to detail that you .and especially Project Manager Bob Zanini devot to the Calypso Cove project. Our faciiitylOoks and operates as geed. as or bettarthanA on .oppiiing day. That is a tribUte to My aquatics division personnel and also tO.904,,-ydur a , and .thistearn of sub -contractors Whorl you. hired to construct our *JOY! • The quality of DC s combined skills, talents, and abilities was evident.h.ght from the start. in . ... 2005,'Hurrt* Jima barreled right over the top of the pity of Margate; .however, thattorm.did not damage. even COmprOmise any.* of any building. orstructure of the POW • • facility: • , . ... . . . . . ., Calypso In closi ,Just kn* that your hard.woricand dedication that wont Into creating this magnifipent facill s s both noticed and very appreolate.td by every visitor to the CalypsO.COVe Aquatic . . . .... .... ... .. . . . .. ... Fa • .... . . . ... .. . . . . . • • • •• • ••• • . . ... • ric;eiOlir . . George Director! HumanResources oractor; Parks and Recreation • .• • 6780 MARGATE BOULEVARD. MARGATE, FLORIDA 33083 (ea'4) 02-6464 iFAQSGMLE (054)8364273 S U BSTITUTE D • the grass !steelier' "You had the commitmen d dedioadon to comple the volunteer Park Proj to our satisfaction within re defined project time an • construction budget" DannyEzzeddine Design & Construction lector City of Plantation Di Pompeo Construction Co rymOatlon AFarelkTrmAdaaSNY f 917 GadG+h s+wM@vd1tl(miLusOallugm Vol ect/SF: Performed With Our Own Forces: cement Date: pletion Date: 's Responsibility: ocation of Project; Staff Owner. Architect: Contact: Plantatio , Florida • $7,759,185 $123/SF 37% January2004 April 2005 General Contractor 12050 West Sunrise Blvd. Plantation, Florida Sr. Project Manager, John Di Pompeo Jr. Project Superintendent; Jon Shambo City of Plantation 401 NW 70th Terrace Plantation, Florida 33317 Danny Ezzeddine Phone #: (954) 797-2256 Email: dezzeddineQaplantation.org Wallace Roberts & Todd JenyMatston (786) 493.2126 Description of Work.Performed: • Clearingand grubbing ninety-eight`" acres and construct an equestrian cen- ter with two prefabricated 30,000 SF metal barns, five stand/show horse rings, 3,000 SF concession building, excavating two large lakes adding aquatic planting, wood bridges throughout, horse/cart trails and parking facilities. (SUBSTITUTED Philadelphia Coral Gables Dallas Lake Placid San Diego San Francisco Planning & Design December 29, 2005 DiPompeo Construction Corp. 2301 NW 33rdCt., Suite 102 Pompano Beach, Florida 33067 Attn: John DiPompeo Re: Volunteer Park Expansion @ Plantation, Flon Dear Mr. DiPorapeo Please allow me to tank you and yo firm. for the hard work and dedication that you displayed during the constructio base of the $7,2 million Volunteer Park Equestrian Center and Wetland Mitigati. Development in Plantation, Florida. Due to the efforts of the entire design an construction team, the 98 acre site development was completed on time an ithin budget We look forwatd to the opportunity to work with DiPornpeo Construction in the future. Wis ng you the best of lucic to you and your organization in tbe New Year. Reg ar$ton, FASLA RobertsWaiioce & Todd, 4C 191 Glralda .Avenue, Penthouse Coral Gables, FL 33L34 305.448.0788 www.wrtdesign.com fax 305.443.8431 SUBSTITUTED• OFFICE OF THE MAYOR Rae Carole Armstrong, Mayor DESIGN & CONSTRUCTION MANAGEMENT Danny Ezzeddine, AIA ' Director April 27, 2005 Mr. John DiPotnpeo, Jr. DiPompeo Construction Corporation 2301 NW 3Y" Court, Suite 102 Pompano Beach, FL 33069 Dear John, This is to express my appreciation to yo the past 15 months. You have exhibi staff and the design team to resolve and dedication to complete the V di • project time and construction • • dget. Thank you for your coop - don, Danny ` zedcdin Design & Cons DE/jm AIA uction Director Plantation the grass Is greener CITY COUNCIL Sharon Urfa, Presld, nt Bruce Edwards, Preside Pro Tem Diane Veltrl Ben -kovlc Terry Fa en Dr. Robe Levy and your company for being part of out team during diligence and cooperation in working with the City oblems dung the process. You had the commitment eet Parkptoject to our satisfaction within the defined City of Plantation 401 NW 70th Terrace + Plantation, Florida 38317 Telephone: 954.797, 2266 * Fax: 064.685.2361 detzeddine©Plantation.org SUBSTITUTED "The workmanship, team and professionalism that you showed was impressive, must commend you for the .teflon of the project as it was schedule and within budget " C. Ciry, tarn Hargett, Jz onager forClty of Pompano Beach Di Pompeo CRnskedipnClr ratlon A 1:011111ixIlibilsNTnJr Ca"dCmtratemi4+4+ladNai1amrM Wafter ® R r ,ir/ aka The Herb Skolnick Corn unity Center czch: FL Cost of Pro' ct: Cost ofP .ject/SF:: of WkPerformed With Our Own Forces: Corn encement Date: Co pletion Date: n is Responsibility: Location of Project:: Staff: Owner: $1,900,000 $112/SF 28% March 2003 March 2004 General Contractor 800 SW 36th Avenue Pompano Beach, Florida 33069 Project Manager, John Di Pompeo Jr. Project Superintendent, Jon Shambo The City of Pompano Beach 1201 Northeast Sth Avenue Pompano Beach, Florida 33069 Clayton Young (954) 786-4029 Description of Work Performed: . New 17,000 SF Counimunity Center with a Ball Room and Stage, Kitchen, Media Room/Li- brary, Offices, A Sheriffs Substation and two acres of parking on a four acre site. • IOW SUBSTITUTED C. WILLIAM HARGETT, JR. City Manager P.O. Drawer 1300 100 West Atlantic Blvd. Pompano Beach, FL 33061 City of Pompano Beach, Florida July 16, 2004 Di Pompeo Construction Corporation 2301 NW 33rd Court Suite 102 Pompano Beach, Florida 33069 Attn: John Di Pompeo, Jr. RE: Herb Skolnick Community Center AKA Southwest Community Cente Dear Mr. DiPonspeo: CONSTRUpTiO ORR Phone: (954) 786-4601 FAX: (954) 7861504 I wanted to send a thank you -tter for a job well done on the above referenced project, It was great working with yo . and your staff on this project. The worknianslup, team effort and professionalism that our firm showed was impressive. I must commend you for the completion of the pro t as it was on schedule and within budget. I would like to e press my gratitude for the outstanding project you completed for the City of Pompap Beach and look forward to working with yott and.your firm again in the near future. - - Sincerel . Willi 'Harge , Jr. City Manager The tltr of Pompano Mesh Is Aq Equal Opportunity Einpioyer And Does NotDiscrtntrote On The Basle Of HenrIcapped status SUBSTITUTED WILLIAM E FLAHERTY, P.E. Public Works Administrator 1201 N.E 5th Avenue P.O. Box 1300 Pompano Beach, Florida 33061 City of Pompano Beach, Florida September 4, 2003 Mr. John Di Pompeo, Sr. Chief Executive Officer Di Pompeo Construction Corporation 2301 N.W. 33rd Court, Unit #102 Pompano Beach, FL 33069 Re: Skolnick Center Dear Mr. Di Pompeo: I wanted to follow up our couversatio Recreation Center. As I mentioned about the manner in which th cooperation being displayed t comments along to you. It is we do, I like to share them The only concern that close to the original was an initial del possible way f behalf and fi appreciat the euti early the one: (954) 786.4061 (954) 786.4106 Pax: (954) 786.4028 of yesterday regarding the work on the Skolnick o you, we have heard some very nice comments project is progressing and the workmanship and this point. I called you yesterday to pass those nice. of often that'we get those kinds of compliments, and when th those who are responsible. as existed from the beginning of the project is that we finish as ompletion date as possible. To that end, we do understand that there in starting the project unattributable to your company. If there is any you to make up some of this time without additional expense on your h the project prior to the January completion date, it would be very much . The residents in Palm -Aire would thank you as well as myself on behalf of City. If there is any way that my office can assist in your efforts to complete lease let me know. You can call me to discuss any opportunity for acceleration of meline, and I'll do whatever I can. Since William F. Flaherty, P.B. Public Works Administrator WF)?:reb Cc: Mr. C. William Hargett, Jr., City Manager Mr. Clayton Young P 0 ci Z003 DI POMPE° 0010itittc11014 CORP. The at(01*Pompano each Is An Equal Dpportuntly Ethployez And Does Not D[scdmhiste On 'Ma Basis Of Handbepped Status SUBSTITUTE D 1.4 "Your company has done an outstanding with the project. We ere able to overcome many ob- stacles and hallenges that we faced ogether, but your expert : ce and expertise mad : ithe difference. A"Job W Done" to you and your ff from all of us at the Vil- lage of Royal Palm Beach." David A. Lodwick Mayor for village of Royal Palm Beach Dal Di Pompeo Construction Corporation 4 Palk* Rattan stir 19." GeedCodnifwMh. ABlteYWtegego Vet P k Royal Palm Beac . , Florida Cost of Proj : t: Cost of ' r a ject/Acre: % of W rk Performed With Our Own Forces: C. i encement Date: pletion Date: irm's Responsibility: Location of Project: Staff: Owner. Architect $4,807,000 $562,000/Acre 39% November 2002' November 2003 General Contractor 1036 Royal Palm Beach Blvd. Royal Palm Beach, Florida Operations Manager, John Di Pompeo Jr. Project Manager & Project Superintendent, Robert Binford Village of Royal Palm Beach 1050 Royal Palm Beach Blvd. Royal Palm Beach, Florida 33411 Lou Rechio (561) 718-2091 RMPK Group Russell Moore (941) 320-7477 Description of Work -Performed: Construction of a twelve acre park with rock waterfalls, playground, conces- sion, cafe, market and restroom buildings, amphitheater building, stage and seating, fountain, twelve wooden gazebo structures, wood trellises, decorative concrete and pavers, squirting precast turtles and alligators and adjacent parking facilities. SUBSTITUTED Village of Roval Palm Beach, Flo ida 1050 Royal Palm Beach Boulevard Royal Palm Beach, Florida 33411 Telephone (561) 790-5103 Fax (561).791-7087 E-mail; clerk@royalpalmbeach.com August 26, 2004 John DiPompeo 2301 NW 33nd Court, Unit 102 Pompano Beach, FL 33069. Dear Mr. DiPompeo: I would like to take this time to thank you for ur accomplishments on the Veterans Park project. This was our most complex park project to : te, funded by the Village of Royal Palm Beach, Palm Beach County, and the State of Florida wi , - a budget exceeding $4.8 million. As a result of our joint efforts the park has become the centerpi : e of our community. Generations to come will enjoy fond memories of times spent in the park. Your company has done an ou : anding job with the project. We were able to overcome many obstacles and challenges tha - faced together but your experience and expertise made all the difference. A "Job Well D ne" to you and your staff from all of us at the Village of Royal Palm Beach. Again, thank you. Sincerely, Davi A. Lodwick M, or David Lodwick David R. Swift Carmela Starace Matty Mailloll Fred Pinto David B. Farber Mayor Vico Mayor Councilwoman Councilman Councilman Village Manager SUBSTITUTED IR§CE q OC 1 8 2004 I POMPEO C • STRl1CTIOIN CORP t519 Maio Streat Sarawuta,, 14ifJ444 342 Ma '?Uki Faai +fit • 954. 0241 October 14, 2004 Mr. John DiPompeo DiPompeo Construction Corp. 2301 NW 33rd Court Suite 102 Pompano Beach, FL 33069 Dear Mr. DiPompeo: On behalf of The RMPK Group I w• d like to extend this letter of recommendation and gratitude to DiPompeo Constnacti • in regards to your work with us on Veterans Park in Royal Palm Beach, The project was a massive dertaking and together we have built a park that is an attraction to the City of ' • yal Palm Beach, which has received much enthusiasm with its Citizens. The detail o e structures RMPK designed were built precisely and has satisfied all RMPK :. d the City's requirements. Because of your careful management the project was c i pleted on -time and on -budget in fall of 2004. DiPompeo C. ' truction is a very capable, experienced, and professional company, Your staff is extr ely knowledgeable and I highly recommend them for construction of any park prots. I very much look forward to working with you in the future. S' cerely, Russell G. Moore President, The RMPK Group Syyr/'aj1 Isla t'!yam !knit • Miro • 'uuat+J g f {'.spin►u ity owl tlw `9411141 itt•,iai9ly3ag�q• l:slviea:'tdpp4i+tj oat !i�9rtirkIng • 1Aa341,;/'�rg• j'�wili46'(`Eiibit Led 11tortiQiKtg c 11404i, tR6;HIot1 SUBSTITUTED r )'Ctyc/Ccial 1,niins F/ri'a Di Pompeo ionsfnzdlon C` Woo Frs rT,dk7w. rr 191, Owe ft/ M adts aakrlLuscaA Stomas giT Coral Spri gs, Florida Cost ofPr,ject: Cost of ' 'ject/SF: % of "ork Performed With Ow Own Forces: Co mencement Date: mpletion Date: rm's Responsibility: Location of Project: Staff: Owner: Architect: Contact: Descrlptiart of Work Performed: New construction of a two story 8;000 SF tennis facility clubhouse with retail space, offices, workout room and exterior concrete bleacher seating. $1, 050, 000 $131/SF 17% May 1994 April 1995 General Contractor 12501 Royal Palm Blvd. Coral Springs, Florida Project Manager, John Di Pompeo Jr. Project Superintendent, Michael Caparella City of Coral Springs 9551 West Sample Road Coral Springs, Florida Rick Engle (954) 345-2107 Adache Associates Architects P.A. Bill Stradling (954) 972-3800 SUBSTITUTED DEPARTMENT OP PUBLIC WORKS CITY OF CYORASPRINGS FLORIDA 9551 WEST SAMPLE ROAD P.O. BOX 764601 CORAL SPRINGS, FL 33076-4601 Telephone 305/344-1166 February 29, 1996 .Mr. Wilfredo Perez, P.E. Vice President DiPompeo Construction Corporation 7522 Wiles Road, Suite 203 ' Coral Springs, Florida 33067 Re: Coral Springs Tennis Clubhous Project Dear Mr. Perez: The purpose of this letter is, o express our appreciation for your extra efforts in making th- Tennis. Clubhouse. available for use during America's Red.Clay ennis Tournament at the -Coral Springs Tennis Center. Despite the very tight hedule andthe adverse weather conditions experienced at the be inning of the projegt, the clubhouse was useable and received ery favorable comments from both the players and the tournament aff. Also, your cont nued cooperation and personal attention to completion of p nch list items and warranty issues has caused minimum disrup on to the operation of the facility. We hope'you will continue o bid on our future projects. Thanks agai for your efforts. Sinoerel i/4 RO T W. GLENN, P.E. D ECTOR OF PUBLIC WORKS . 1UNG\tsg F:\DATA\PUBWORKS\WPDATA\LETTERS\PEREZ6.RWO SUBSTITUTED QCamillus House Di Pompeo Construction Corporation 1 rmollr1mAskm Are 1917 mw camm,a.amp. aura awww. Wm. gil Medical Clinic & jfice Building. Mia i. Florida Cost of Pro ct: $3,400,000 Cost of P. #ject/SF: $92/SF % of W- kPerformed With Our Own Forces: 18% Com - encement Date: February 1998 C. pletion Date: January 1999 • irm's Responsibility: General Contractor Location of Protect: 336 NW 5th Street Miami, Florida Stag: Project Manager, John Di Pompeo Jr. Project Superintendent, Bob Zannini Owner: Camillus Health Concern, Inc. Architect: 336 NW 5th Street Miami, Florida 33128 Francis Esposito (954) 779-3990 Rodriguez & Quiroga Description of Work Performed: New construction of a 37,000 SF four story office/medical complex with one level of under- ground parking, glass curtain wall and precast concrete panels. /,'.r t :i11i) SUBSTITUTED John DIPom ea From: Sent: To: Subject: frances@bphi.org Wednesday, August 28, 2002 5:41 PM 'dipompeo@cofs.net Construction References To Whom It may Concern: This communication is published in support of fliPompeo Construe ("DiPompeo") performance under a $3,000,000 contract for the const Health Concern, Inc. in the late 1990s. I was the Chief Operatin House, Inc. at that time and oversaw the design and construction quality of the construction was good and the relationship was team approach which was particularly challenging in that the government funded project. Signed, Frances M. Esposito (954) 779-3990 on Corporation's ction of the Camillus Officer, of Camillus of the facility. The iven by a very positive ob was a.multi.source SUBSTITUTED IIOit1S BR WARD COUNTY "Di Pompeo Constructio personnel on rho' project proactive and expedited this project thru a myriad gov- ernment agencies obtain building permits then con- struct this des tely needed building." Edw d B. Seymour AIA Conn Architect Bmward Conn Board of County Commissioners Di Pompeo Construction C mUon Fadtr imJhhm Shur in>. caaaCot mix. *ds. Osaka mamae MOW. Pompano Beac Florida Cost ofProjedt: Cost ofct/SF: % of W. Performed With Our Own Forces: cement Date: etion Date: 's Responsibility: cation of Project: Staff Owner: Architect: Contact: $4,850,000 $100/SF 47% August 2002 August 2003 Design Builder 1700 Blount Road Pompano Beach, Florida 33069 Design Liaison w/Owner, John Di Pompeo Jr. Project Superintendent, Jon Shambo Broward County Commissions 115 South Andrews Avenue, Room 421 Ft. Lauderdale, Florida 33301 Ed Maurice (954) 357-6417 Fax #: (954) 357-6411 R.E. Chisholm Architects, Inc. Matt Polak (305) 542-9235 Description of Work Performed: New construction ofa 48,000 SF one story building with living quarters, offices, kitchen, Iaundry facility, classroom and library with a complete site development ofa twelve acre' site. Piofrot SUBSTITUTED BPVWARD PUBUC WORKB DEPARTMENT/OFFICE OF PROJECT MANAGEMENT AND CONSTRUCTION CONSTRUCTION MANAGEMENT DIVISION 115 B. Andrews Avenue, Room A550 • Fort Lauderdale, Florida 33301. D54357.6419 • FAXOS4-357.6411 October 9, 2002 To Whom It May Concern: I highly recommend Di Pompeo Construction Corporation for :n y Construction Project contemplated by any Government Agency or Private Sector Client. Di Pompeo Construction Corporation has recently • ,si•leted the North Homeless Assistance Center for Broward County. This $4,850,000.00 Design/Build ' oject was completed on time and within budget. DiPomp eo Construction personnel ontheproje ereverypro-active and expedited this projectthru a myriad of government agencies to obtain building ps and then construct this desperately needed building. The quality of work is excellent and the Di Po • • o personnel and the subcontractors on the project have been easy to work with and have also been availab to help the operator of this facility who moved in as soon as the certificate ofoccupancywasissued. Ip sonallywouldbe extremely happy to work cm any future projects with this company. Sincerely, Edward B. Seymour, County Architect Josephus BggdletIon, Jr. • Ben Graber • Sue Ounxbusga► • Kristin D. Jpoob Coukflnty Comndssionere ie l„r1{I•fj�m qp f 3u1Jsh • John E Rodatrom, Jr. • James A. Scott • Diana Wasserman -Rubin (SUBSTITUTED SUPPLEMENT TO BID FORM: HOT APPUCABLE OFFICE LOCATION AFFIDAVIT . (Pag of 2) Please type or print clearly. This Affidavit must be completed In full, = gned and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE L iTS OF THE . CITY OF MIAMI AS DEFINED BY CITY CODE SECTION 18-73. Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corp. ration Corporation Document No: to Established Occupational License No: Date of Issuance -:,Office Location (Establishment of the •iddedBiddet PRESENT Street Address: City: PREVIOUS Street Address: State: How long at this location: City: State How long at this location: According to Section 18.73 of the Ity of Miami Code, as amended: Local office means a busines permanent structure that Is I .legally pursuant to all applic the date bids or proposals shall not be sufficient to permanent structure p than one year, have received, and be designee. which conducts all. or a portion of Its operations from a ated within the corporate limits of the city, and has operated e zoning and licensing laws for a minimum of six months prior to ere received for the purchase or contract at issue. A post office box nstitute a local office within the city. If the business is located In the suant to a lease, such lease must be in writing, for a term of no 'less en In effect for no Tess than six months prior to date bid or proposal was allable for review and approval by the chief procurement officer or its According to ection 18-86(a) of the City of Miami Code, as amended: °when a r ponsIve, responsible non -local bidder submits the lowest bid price, and the bid submitte• •y one or more responsive, responsible local bidders who maintain a focal office, as define. n City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -I. :1 bidder, then that non -local bidder and each of the aforementioned responsive, res nsible local bidders shall have the opportunity to submit a best and final bld equal to or to er than. the amount of the .low bid previously submitted by the non -local bidder.. Contract and shall be made to the lowest responsive, responsible bidder submitting the lowest best 99 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 SUBSTITUTE D SUPPLEMENT TO BiD FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 2) and final bid. in the case of a tle in the best and final bid between a local bidder and non -local bidder, contract award shall be made to the local bidder." The intention of this section is to benefit local bona fide bidders/Bid• rs to promote economic development within the corporate limits of the. City of Miami. I (we) certify, under penalty of perjury, that the office location of o firm has not been established with the sole purpose of obtaining the advantage g ,:nted bona fide local bidders/Bidders by this section. Authorize Signature Author ed Signature Print Name Print Name {t1tn;,. att� .-ec�1) Title Title Authorized 'Signature Authorized Signature (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprle . rship or all partners of a joint venture.) STATE OF FLORIDA, COUNTY OF That: TARIZATION ADE before me and acknowledged personally appeared foregoing Instrument as his/her act and deed. That he/she has produced as Identification. NOTARY PUBLIC; My Commission Expires: Please submit h your Bid Form copies of Occupational License, City of Miami' and Miami Dade ►ounty Business Licenses, professional and/or trade License to verify local •office pref ence. The City of Miami also reserves the right to request a copy of the corporate charter, corporate Income tax filing return and any other documents(s) to verify t location of the firm's office. 100 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.i 12-13-028 SUBSTITUTED DIPOM-2 / OP ID: KY AL" CERTIFICATE OF LIABILITY INSURANCE DATE 05103/DDIYYY)T 0510312013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTI CATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFO - , ED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING SURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If'SUBRO• ATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cert to does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone:305-364.7800 BROWN & BROWN OF FLORIDA INC per; 305-T14-4401 14900 NW 79th Court Sulte#200 Miaml Lakes, FL 33018.5889 Ryan Helmboid • NNAAMEACT 1� re ENV . Fxc c Not: 1L, ADDRHSS: INSURER(8) • ROING COVERAGE NAIC 0 INSURER A:*Amerlsure I : urance Company"' 19488 INSURED DlPompeoConstructlonCorp 2301 NW 33rd Court, Untt# 102 Pompano Beach, FL 33069 INSURER S:*Amerisur. Mutual Insurance Co 23396 INSURER o, INSURER D I INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BE SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED: NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED =. THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BE REDUCEDDBY PAID CLAIMS. WTSRR OF INSURANCE ADDTYPE , L SSUv R POUCY NUMBER thptn oofY`IYYI tMMroDIW pY1 LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X CPP2085889 02/01/2013 02/0112014 EACH OCCURRENCE $ 1,000,000 Drwa) g 100,000 pDRE MISEs (Ea MEC EXP (Any one person) CLAIMSdAADE U OCCUR $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM. AGGREGATE —1 POLICY OMIT APPLIES PER: [ stofn LOC PRODUCTS • COMP/OP AGG $ 2,000,000 8 • A AUTOMOBILELIABIUTY X — X ANY AUTO �OOBW NED HIRED AUTOS _ X DOES 11LED ruTNGIWNED X X C • i 085890 02/01/2013 02/01/2014 IEaaoddEDntSSINGLEate $ 1,000,000 BODILY INJURY (Per pmaon) 5 BODILY INJURY (Par accident) S PROPERTY DAMAGE • (Per eaelderdI $ B X UMBRELLA UAB EXCESS UAB X OCCUR CAMS- .. CU2085891 02/01/2013 02/01/2014 EACH OCCURRENCE 5 2,000,000 AGGREGATE $ 2,000,000 DEO I X RETENTION $ I $ A WORKERSCOMPENSATION AND EMPLOYERS' UASILITY IN AFlPRPR�ETOERDARTNEEE9EC Ya (Myaene a oryy In u der DESLIRIPnON OF OPERATION$bebn NIA X WC2085892 02/01/2013 02/01/2014 yy�� ppIJMITB X TORTM- E.LEACH ACCIDENT $ 1,000,000 EL DISEASE • EA EMPLOYEE $ 1,000,000 E.I. DISEASE • POUCY LIMIT $ 1,000,000 B B Equipment Floater P Crime CPP2085889 CPP2085889 02/01/2013 02/01/2013 02/01/2014 02/01/2014 Leased 100,000 Crime ' 50,000 DESCRIPTION OF OP ONS/LOCATIONS /VEFBCLES(Attach ACORD 101,Additional RemarksSeheduI ,Irmom apneaIerequired) RE: City of�iarni is named Additional Insured with respects to General Liability d Auto Liability in a primary and non-contibutory basis when required pq written contract. Umbrella follows form. Waiver of Subrogation applies n favor of certificate bolder with respect General Liability, Auto, and Wo ors Compensation when required by written oontraot. RTIFICATE HOLDER CANCEL LATION MIAMICA City of Miam1 Capital Improvements 444 SW 2nd Miami, FL 33130 SHOULD ANY OF THE ABOVEDESCRIBED POLICIES BE'CANOEL:LED BEFORE THE EXPIRATION DATE • 114EREOP, NOTICE WILL BE- 'DELIVERED IN• ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) (01988.2010 ACORD CORPORATION. All rights reserved. The ACORD narne and logo are registered marks of ACORD SUBSTITUTE D eV Or •t4 earlt.4 ADDENDUM NO. 1 May 10, 2013 INVITATION TO BID NO.: 12-13-0 HADLEY PARK YOUTH CE ER CIP PROJECT NO.: B- 883A TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, andlo •eletions amend the above -captioned invitation to Bid and shall become an Integral part of the Bids s ►mltted and the Contract to be executed for Hadley Park Youth Center — Invitation to Bid No.: 12-13-0 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. The Bids Due Date has the • ed to: - May 30, 2013 at 1:00 p.m. Re uest for Information and Res • on : s RFI # 1 N&J Construction A. Contractarawings any Specifications Q1. Specification Sect! ° 11480 "Athletic Equipment° provides specifications for the Divider Curtain, Specification Section 11484 'Divider Curtain' has also been Includes as a separate specification. Which specification will govern? Al, Speclflcatidn Section 11484 Is deleted from the contract document in its entirety. Q2. SPecifi Equi re ton Section 11480°Athletic Equipment" provides specification for the Volleyball ent. Court layout does not indicate location of pole sleeves. Will Vollevbal! Equipment be A2. es, Provide Volleyball Equipment as Included under Spec Section 11480. Also, provide volleyball insert In gym wood flooring per the National Federation of State High School Associations (NFSH). . . Q3, .. Speclflcation,Sectlon 11480 "Athletic Equipment°. provides specifications for wall paddings. • :The drawings do not indicate the quantity and location where they are to.be installed. Will wall paddings be required? . _ . .:.., / A3. Yes, Provide 25.linear .feet by 80" high of. wail. padding to be installed at the west wail elevation of the gymnasium Addondum No. •1 Hadley Park Youth Center, B•35803A ITB No.: 12-13.025 1 S U BSTITUTE D Addendum No. 1 May 10, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center CIP Project No.: B-35883A CONTRACT RELATED RFI'S 084. Please advise if a CD copy of the Bid Package is required in addition to the (2) • groat hard copies, It was mentioned at the pre -bid that the CD would be required, howe -r; the RFP does not mention this requirement. A94. Yes, in addition to the two originals hard copies, the Bidder will be re• sired to provide a CD at the time the bid Is due. Q95. Please confirm that the CIP Project Number Is B=36883A (as n• =d on the bid forms). A95. Yes, the correct CIP Project Number Is B-35883A. Q96. Front end document item 17 d. states that the Contractor all hold 2 Job fairs. Please provide details of whet Is or will be required and Involved with t•: job fair so the Contractor can Include these costs. A96. The Lindsay Hopkins Local Workforce Center can ssist the Contractor with organizing the Job fairs at no additional cost to the Contractor. Please contact: Cesar Jatmes, Executive Director Lindsay Hopkins Center South Florida Workforce Center 750 NW 20th Street, Miami, FL 33 7 (305) 372-8300 Hours of Operation: M — F ;:00 a.m, to 5:00 p.m. ojahnesa mismlgov,com wwwso hio'di •r o THIS ADDENDUM IS AN SSENTIAL PORTION OF T CONTACT DOCUMENT AND SHALL BE MADE A PART THER F. Jeov Capita R•• on, a amen Assistant Director ogram This A. endum should be signed and dated by the Proposer and submitted as proof of receipt with the sub r ssion of Proposals. The Proposer by identifying the addendum number In their Proposal and by sip ng and submission of their Proposal shall serve as proof of receipt of this Addendum. :M8111a, zoos NAME OF FIRM: ` iPOMPeO DOS> onto en enDATE: • SIGNATURE: .. Y� • J Hadley Park You D-35883A er Am o11". Addendum No.1 ITB No.: 12-13-028 Page 20 SUBSTITUTED r • '• Cay,,,•44 ADDENDUM NO. 2 May15,2013 INVITATION TO BiD NO.: 12-13.028 HADLEY PARK YOUTH CENTE CIP PROJECT NO.: B-358:..A TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or delet 'ns amend the above -captioned Invitation to Bid and shall become an integral part of the Bids submitt - and the Contract to be executed for Hadley Park Youth Center — Invitation to Bid No.: 12-13-028 (th °Project"). Please note the contents herein and affix same to the documents you have on hand. Request for information and Responses RFI # 2 N&J Construction (Questions received under RFI #2 w h were not addressed under Addendum #1) - Q80. Sheet P3,01 Identifies the plumb,• g fixturesby a certain designation. The following fixtures are not listed on Sheet A8.04 °Piumbin_ Fixture Schedule°, Please provide specifications for the fixtures which hav- not bee s°ecife• 'elow: a. There are two ty•-s of Mop Sinks listed on Sheet P3.01(MR-1 & MR-2) only one mop sink has been specs 'ed on sheet A8,04. A80.a See •eciflcation Section 16412 "Plumbing Fixtures", b. There ar= o types of Urinals listed on Sheet P3,01 (UR & UR-1) only one urinal UR-1 (handi .=p) has been specified on. Sheet A8.04. A80.b See Specification Section 15412 "Plumbing Fixtures". c. T =re are two types of Water Closets listed on Sheet P3.02 (WC & WC-1) only one water closet WC-1 (handicap) has been specified on Sheet A8.04. O.c See Specification Section 18412 "Plumbing Fixtures". d. There are two types of Shower Head listed on Sheet P3.01 (SH & SH-1) only one shower head has been specified on Sheet A8.04. A80.d See Plumbing Drawing P0.00, Plumbing Fixture Connection Schedule. e. 'There are two.types ol.Sinke listed on Sheet P3.01(SK-1 SK-4) neither of those.sinks are ' .. • . ';`. `specified on Sheet A8,04, A80.8 See Specification Section 16412 "Plumbing Fixtures". Hadley Park Youth Center, B-35883A Addendum No.'2 ITB No.: 12-13-028 Page 1 SUBSTITUTED Addendum Nc. 2 May 13, 2013. Invitation To Bid No.: 12-13-028 Hadley Park Youth Center, CIP Project No.: B-35683a Q3. Do David Bacon wage rates apply to this project? A3. No. Q4. Please note the CSBE SOi form provided in the bid documents is different fro the CSBE section of the Capital Improvements website, It appears to be in• this is the correct CSBE SO1 form. Furthermore, please clarify if the C' ; signed by both the G.C. and the subcontractor at the time of the subcontractor can be added at a later dale. A4. Please use the S01 form from the CSBE section of,the CIP.we signed by both the prime and the CSBE subcontractor and s Q5.Ihvitation to bid "Notice to Contractors° lists vario the requirement that the bidding contractors must h similar projects of similar size, scope, and complexity restrictions to the bidder's qualifications will effectiv bid, this is detrimental to the bidding process and - protest on the perception, however unfounded competition. A5. The minimum requirements will remain END OF ADDENDUM N0.2 THIS ADDENDUM IS AN ESSENT MADE A PART THEREOF, e SOI form shcwn In mplete. Please clarify if E SOI form needs to be or if the signature of the ite. Yes; the SOI form must be miffed with the bid, minimum requirements. Specifically e constructed and completed three (3) ving at least 20,000 81 Adding these specific limit the amount of firms that could potentially the Owner, but also opens the possibility of abid unfaimess to the bidders or intent to unfairly limit stated in the Invitation to Bid.• L PORTION 0 THE NTRACT DOCUMENT AND SHALL BE Je • dri z, P.E., Assistant Director C1•it• prov= nts Program This Addendu -hould be signed and dated by the Proposer and submitted as proof of receipt with the - submission o Proposals. The Proposer by identifying the addendum number In their Proposal and by signing an ubmission of their Proposal shall serve asproof of receipt of this Addendum, NAME OF FIRM: wPomp / SIGNATURE: Addendum No. 2 Hadley Park Youth Center, B-35883A DATE: Ma•y 15, 2013 ITB No.:12.13.028 Page 11 SUBSTITUTED oay M ADDENDUM NO.3 May 28, 2013 INVITATION TO BID NO,: 12.13-028 HADLEY PARK YOUTH CENTER CIP PROJECT NO.: B-35883 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions - mend the above -captioned Invitation to Bid andshall become an Integral part of the Bids submitted d the Contract to be executed for Hadley Park Youth Center — Invitation to Bid No.: 12-13-028 (the "P •Jett°). Please note the contents herein and affix same to the documents you have on hand. The Bid Opening Date has changed and will now b held on: Date: Thursday, June 2', 2013 Location: City of Miami, C -rk'a Office 3600 Pan Am • can Drive Miami, FL 3 : 30 Time: 1:00 p.m. Re • est for nformation and Re ,• ones • RFi # 6 N&J Construction — rote: RFI numbering follows a'consecutive order•from prior Addenda. RFI questions which have been previously addressed have been omitted. Q133. Please disrega question # 25 of RFI # 1. Instead please clarify the following which of the following spe ' ;cations will govern the lightweight insulating concrete scope. • Specifica •n Section 03521 "Lightweight Insulating Concrete • - • SpecIfi•.tion Section 03522 "Cellular Insulating Concrete Roof Deck" •Spec nation Section 07530 "Lightweight Insulating Concrete" A133. See • or clarification Issued under Addendum #1 and #2. Q134. -PI • se disregard question # 48 of RFt #1. This question was previously asked. A133.. = ee Addendum #1 Q13 Specification Section 06400 "Architectural WoodWork and Solid Surface Tops" Part 2, Paragraph: 2.03E requires the Contractor to provide shop drawings prepared by a Florida Registered Addendum No. 3 Hadley Park Youth Center, B-38883A • ITE3 No.: 12-13-028 _ Page 1 SUBSTITUTED Addendum No. 3 May 24, 2013 Invitation To Bid No.: 12.13-028 Hadley Park Youth Center CIP Project No.: B-35883a . S-5 — Addendur• #3 S-6 —Addendum#3 S-7 —Addendum #3 S-8 — Addendum #3 S-9 — Addendum #3 S-10 —Addendum #3 S-11 —Addendum#3 Delta Survey, Inc. Sht. 1 — Addendum #3 Delta Survey, Inc. Sht. 3 — Addendum #3 END, OF ADDENDUM NO. 3 THIS ADDENDUM IS AN ESSENTIAL PORTION OF HE CONTRACT DOCUMENT AND SHALL. BE MADE A PART THEREOF. Jeova ny Rodriguez, P.E., Assistant Director Ca al Improvements Program This Addendum should be signed an dated by the Proposer and submitted as proof of receipt with the submission of Proposals. The Prop ser by identifying the addendum number in their Proposal and by signing and submission of their Pro osal shall serve as proof of receipt of thls Addendum. NAME OF FIRM: DiPolm SIGNATURE: on Corpora DATE: May 28,2013 Addendum No. 3 Hadley Park Youth Center, I3-35883A ITS No.: 12-13-028 Page 17 SUBSTITUTED iXf canna ADDENDUM NO. 4 May 30, 2013 INVITATION TO BID NO.: 12-13-02 HADLEY PARK YOUTH CEN R CIP PROJECT NO.: B-3 - ; 83A TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or -Ietions amend the above -captioned Invitation to Bid and shall become an integral part of the Bids su itted and the Contract to be executed for Hadley Park Youth Center — Invitation to Bid No.: 12-13-0 : (the "Project"). Please note the contents herein and affix same to the documents you have on hand. Addendum information Items A4-01 From prior Addendum #3, BI • ders shall omit pages 18 through 34 which are repeated Addenda pages. See A240 b ow. A4-02 From prior Addendum Bidders shall omit the last four drawings attached as pages 93 though 96, which are •t assodated with this project. Re • uest for Information a • Res • onses RFI # 13 N&J Constru. on — Note: RFI numbering follows a consecutive order from prior Addenda. RFI questions which have been previously addressed have been omitted. Q224. Sheet E3 0 "Floor Plan -Lighting" there are circuit references to Panel PBH Controller via Relay Panel. - ease clarify Panel Designation. A224. Ther are two lighting control panels designated as LCA and LCB. See added schedule as sh • n in drawing E0.01. Q225. Specification Section 13810, Paragraph 1.5. A calls for a single manufacturer for the BMS and Lighting Control System. Please clarify if the Mechanical Scope will include the lighting Control Panels and Controllers. 25. Anthony Gonzalez, PM — As per 13810, 1.5, A — "Components of the EMS, temperature control and lighting control systems shall be supplied by one manufacturer." Mechanical scope shall Include necessary lighting control panels and_coritrollers:: Q226. The electrical drawings do not indicate a scope of work fora Lightning Protection System, however Specification Section 16670 "Lightning Protection System" has been included as part of the technical specification. Will a Lightning Protection System be required? If required, please provide Addendum No. 4 Hadley Park Youth Center, B-35883A ITB No.: 12-13-028 Page 1 SUBSTITUTE D Addendum No. 4 May 30, 2013 Invitation To Bid No.: 12-13-028 Hadley Park Youth Center • CIP Project No.: B-35883a END OF ADDENDUM NO. 4 THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOC ENT AND SHALL BE MADE A PART THEREOF, Je Ca This Addendum should be signed and dated by the P submission of Proposals. The Proposer by IdentIfyln signing and submission of their Proposal shall serve NAME OF FIRM: SIGNATURE: Hadley Park Youth Center, B-35883A Assistant Director rogram ser and submitted as proof of receipt with the the addendum number in their Proposal and by proof of receipt of this Addendum. Addendum No, 4 DATE: ITB No.: 12-13-028 Page 6 SUBSTITUTED 150 PlayCore Drive, SE Fort Payne, Alabama 35967 Telephone: 2561845-5610 Facsimile: 256/845-9361 Email: aervicecgametime.com Gam line, PLAYcOR comin.or GAMETIME° WARR 4 TIES GameTime provides warranties on all materials a, • workmanship for one year, excluding vandalism. In addition, GameTime offers: Lifetime limited warranty on PowerScape® -rime-rime® and Xscape® uprights. .Lifetime limited Warranty on all hardwa • Lifetime limited warranty on GameT e PowerScape Tru-Loc® connections. ✓ Ten -Year limited warranty on Pri eTime and Xscape bolt -through connections. • Fifteen -Year limited warranty • metal decks, pipes, rungs, rails and loops. 4.1 Fifteen -Year limited warren on rotationally molded products. ✓ Five -Year limited warra on glass fiber reinforced concrete PlayWorx structures. ✓ Twenty -Year limited . arranty on Timber Decor" recyded plasticlumber products. Five -Year limited rranty on nylon -covered cable net climbers and components, • Ten -Year limit: warranty on pressure -treated pine and redwood products. ✓ Ten -Year llmfted warranty on iTrack® fitness equipment (does not include Endurance). • Ten-Vey/limited warranty'on site furnishings. ✓ Ten- ar limited warranty on integrated GTShadee products, ✓ Te -Year limited warranty on fiberglass and DHPL signage. Ive-Year limited warranty on Super.. Seats TM, Three -Year limited warranty on SaddleMates®rubber and "Ca -springs. • One -Year limited warrantyon all other GameTime products. All warranties specifically exclude damage caused by vandalism; negligence, Improper Installation or Improper use; changes. In appearance • resulting from weathering; scratches, dents or Marring as a result of use. Warranties are valid only If products are Installed and .malntalned. In accordance with GarneTime Instructions and.use.approved parts, ..:'1 GTW13O125 _ Page 1 SUBSTITUTED LIMITED WARRANTY ON POWERSCAPE® PLUS, PRiMETIME®, AND XSCAPE® GameTime provides a lifetime limited warranty on PowerScapa Tru-Loco connections, a fifteen -year warranty o metal decks, pipes, rails, loops, and rungs; a lifetime Ilmited warranty on upright posts; a ten-year limited = anty on PrimeTime and )(scope bolt -through connections; ten-year limited warranty on EDPM rubber components; = nd a one- year limited warranty on powder coated parts. These warranties cover damage due to failure or co •, on of metal parts or rubber breakdown that cause the product to become structurally unfit for Its Intended us=. The lifetime warranty refers to the life of the product as defined below and covers the product under norm use and proper maintenance; see exclusions. LIFETIME LIMITED WARRANTY ON HARDWARE GameTime provides a lifetime limited warranty against structural failure due to brealdng or earing which causes the product to become structurally unfit for its Intended use; a lifetime limited warranty on = . ess steel hardware against rust;*and a one-year limited warranty on non -stainless steel hardware against rust; ee exclusions. All tenting of GameTime'e hardware is performed under the guidelines of ASTM 8117. The Iifetl = warranty refers to the life of the product as defined below and covers the product under normal use and proper ma enance. The cost of replacement due to scratching or cutting of certain hardware plating Is not Included In this wa FIFTEEN YEAR LIMITED WAR ON • ROTOMOLDED AND THERMO-FORMED POLY HYLENE PRODUCTS GameTime provides a fifteen -year limited warranty on robomdded and :,• polyethylene products and ten-year united warranty on polyethylene handholds for structural [Mega/alpine! damage . : to breaking or splitting under normai use that causes the product to become structurally unfit for Us Intended use; see exdusl• In the event of a dahn under this warranty, GameTime wit replace the rotomolded or themx}famed polyethylene product at no • : tote customer. TWENTY-YEAR LIMITED WARRA • N TIMBER DCORTM PRODUCTS GameTime provides a twenty-year limited warranty on clad plastic lumber products In normal applications against rotting, splintering, decay or structural damage directly • termites or fungal decay that cause the product to become structurally unfit for Its intended use; see exclusions. LIMITED WARRANTY • N NET CLIMBERS AND COMPONENTS GameTime provides a five-year limited = =nty on nylon -covered cable net limbers and components against structural failure caused by cable breakag a five-year limited warranty on nylon -covered cable wear and deterioration resulting from defects In materials and •rkmanahlp; and a one-year limited warranty on nylon rope products. These warranties cover damage due to fallu : that cause the product to become structurally unfit for the Intended use; see exdusions. LIMITE • ' ARRANTY ON INTEGRATED GTSHADE® PRODUCTS GameTime provides a ten- ar limited warranty on fabric canopies against tears, runs, cracking, mildew and color fading except for red, wh a has a three-year color warranty. Canopies have a limited warranty against structure failure due to wind of u. 0 90 chiles per hour (mph) and structural failure due to snow and Ice loading not exceeding five pounds per aqua r: foot. Fabric canopies are to be removed If winds are expected to exceed 90 mph or when snow or Ice is expec =d. Fabric warranty does not cover damage resulting from chemical contact. At metal upright • •sts and support structure framing have a ten-year limited warranty against becoming structurally unfit for the U Intended and a one-year limited warranty against rusting and workmanship of painted surfaces. Warranty is !tad to winds of up to 80 mph when fabric canopies are installed (wind resistance Improves 10 to 20 mph wltho canopies). LIMITED WARRANTY ON SITE FURNISHINGS G: • eTime provides a ten-year limited warranty on site furnishings against structural failure and a one-year Iimlted' rrantyon powder coating. These warranties cover damage due to failure or corrosion of metal parts that cause the;:; uct to become structurally unfit for the Intended use, see exclusions. -.;,;. GTW130125 Page 2 , SUBSTITUTED LIMITED WARRANTY ON PLAYWORX GFRC THEMED PLAY STRUCTURES GameTime provides a five-year limited warranty on PlayWorx glass fiber reinforced concrete (GFRC) t med play structures against structural failure that cause the product to become structurally unfit for the intended u : and a one- year limited warranty on paint defects; see exclusions. This warranty does not cover damage result) , from ground settlement or high winds, LIMITED WARRANTY ON FIBERGLASS SIGNAGE AND HDPE PAN - S GameTime provides a ten-year limited warranty on fiberglass and digital high. pressure lam) =te (DHPL) sign panels against delaminating, peeling, blistering, cracking or fading and a five-year limited = rranty on high density polyethylene (HDPE) panels against degradation and discoloration under normal weer a usage. LIMITED WARRANTY ON (TRACK FITNESS EQUIP ENT GameTime provides a ten-year limited warranty on ITrack fitness equipment (ex. ding Endurance products) against structural failure and a one-year limited warranty on powder coating. These we ties cover damage due to failure or corrosion of metal parts that cause the product to become structurally unfit for : intended use; see exclusions. TEN-YEAR LIMITED WARRANTY ON - DWOOD AND PRESSURE -TREATED WOOD : • ODUCTS GameTime provides a ten-year limited warranty on redwood and pssure-treated wood products against damage by decay or termites causing the wood to beoome'siruoturally unfit fo is Intended use; see exclusions. FIVE YEAR LIMITED WARRANT ON GAMETIME SUPER SEAT GameTime provides a five-year limited warranty on Mo el No, 949 SuperSeat and Model No. 999 Super Seat-2 against structural failure 'that causes the seat to be•- a unfit for its intended use; see exclusions. The factory Installed "S"--Hook and Seat Hanger assemblies are .' ered under a one-year limbed warranty against rust, corrosion or premature wear. THREE-YEAR LI TED WARRANTY ON RUBBER AND "C" S - INGS FOR SADDLEMATES® GameTlme,provldes a three-year limited rranty on rubber and °C"-springs for SaddleMates'against damage due to de -lamination of the rubber spring and eakage of the 'C"-spring that cause the SaddleMate to become structurally unfit for Its intended use; see exclusio For the purposes of this arranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its o ginal customer for as long as the original customer owns'the Product and uses the Product for intended purpose that the Product and all parts *111 be free from defects In material and menuturfing workmanship. GameTime excl es from these warranties the cost to remove parts and reinstall replacements; replacement a to cosmetic defects or coating deterioration caused by climatic conditions; and wood replacement resulting from twisting, warping, checking, shrinking, swelling or other natural physical 'properties of wood, To the/extent permitted by law, these warranties are expressly in lieu of any other Implied or expr dsed warranties or representation by any person, including any implied warranty of . me hantabllity or fitness. .These warranties provide .valuable rights; .to::you. • -No..Sales resentative.can. Modify or amend the terms of this warranty: /Slice :.warranty limitations. ,and exclusionsMay .__. t__rn :Met to state, y.00 a ,Should. chiiOk _any warraittyrights Inybur state. GTW130125 Page 3 r. SUBSTITUTED - Claim Procedure: To make a warranty claim., send your written statement of claim, aton original purchase Invoice or Invoice number to: GameTime Customer. Service P,O. Box 680121 Fort Payne, AL 35968 Fax: 256-845-9361 EmaU:.se vice a©gametlme.com Or Contact your local Representative at USA 1-800-235-2440 International 01-256-845-5610 th the Within 60 days of notice of claim under warranty, GameTime lI make arrangements to replace the damaged product. GameTime will cover freight costs within th continental United States. GameTime Is not responsible for freight costs associated with products to ed outside the continental United States. GameTime reserves the right to Inspect all product identified : - damaged. Dare Of Purchase: Purchaser: GrnneTene Invoice Number: Authorised GameTime Signature Title ee GameTime on the web at www.gametime,com To obtain a "GE • - ' CERTIFICATE. of CONFORMITY" as required by the 'CONSUMER PRODUCT SAFETY IMPROVE NT ACT OF 2008* follow the link below and enter your seven -digit customer order number, rtta:/Jcosia.alavcore.corrt GTW190125 I P:E M A tour 10 aza ii us MEMBER Page 4 SUBSTITUTED Section 6- Contract Execution Form This Contract (contract number) made this _ day of in the ye. 2014 in the amount of $ by and between the City of Miami, Florida,' reinafter called the "City," and (name of Contractor) IN WITNESS WHEREOF, the parties have executed this Agreement as of the above written. y and year first WITNESS/ATTEST DIPOMPEO CONSTRU ION CORPORATION, A Florida Corporation Mr. John DiPompe Signature Signatun3 Sr. President Print Name, Title Print ame, Title of Authorized Officer or Official ATTEST: (Corporate Seal) CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if av- able) ATTEST: City of Miami, a municipal corporation of the State of Florida Todd Hannon, City R erk Johnny Martinez, P.E., City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQIJf REMENTS: f Calvin Ellis, Director' Rik Management Department HADLEY PARK YOUTH CENTER, B-35883A CORRECTNESS: Victoria Mendez, City Attorney 101 • ITB NO.: 12-13-028 SUBSTITUTE D CORPORATE RESOLUTION WHEREAS, , Inc. desires to ter into a contract with the City of Miami for the purpose of performing the work d scribed in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held c,rporate meeting has considered the matter in accordance with the By -Laws of the orporation; Now, THEREFORE, BE IT RESOLVED BY THE : 'ARD OF DIRECTORS that the (type title of offi (type name of officer) and instructed to enter into a contract, • the name and on behalf of this corporation, with the City of Miami upon the te - contained in the proposed contract to which this resolution is attached and to exe te the corresponding performance bond. , is hereby authorized. DATED th'. day of , 20 Corporate Secretary 102 HADLEY PARK YOUTH CENTER, B-35883A (Corporate Seal) ITB NO.: 12-13-028 J SUBSTITUTED FORM OF PERFORMANCE BOND (Page 1of 2) BY THIS BOND, We hereinafter called Contractor, and to the City of Miami, Florida, as Obligee, hereinafter called Ci as Principal, Surety, are bound in the amount of Dollars ($ ) for the p ment whereof Contractor and Surety bind themselves, their heirs, executors, administr-' rs, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreemen entered into a Contract, Bid/Contract No: 12-13-028, awarded the day of , 20 , with City which Contract Documents are by reference incorpo--ted herein and made a part hereof, and specifically include provision for liquidated d- ages, and other damages identified, and for the purposes of this Bond are hereafter referr to as the "Contract"; THE CONDITION OF THIS BOND is at if Contractor: 1. Performs the Contract between . Contractor and City for construction of , the Contract being made a part of this Bond by ref ence, at the times.and in the manner prescribed in the Contract; and 2. Pays City all loss liquidated damages, expenses, costs and attomey's fees including appellate proce=%ings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs t guarantee of all Work and materials furnished under the Contract for the time spec ed in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FtRCE AND EFFECT. 4. Whey -ver Contractor shall be, and declared by City to be, in default under the Contract, Ci having performed City obligations hereunder, the Surety may promptly remedy the d,#ault, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Con 103 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 SUBSTITUTED FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance , th the terms and conditions of the Contract Documents, and upon determi :tion by Surety of the lowest responsible Bidder, or, if City elects, upon det nation by City and Surety jointly of the lowest responsible Bidder, arr ge for a contract between such Bidder and City, and make available as •rk progresses (even though there should be a default or a succession of de f• Its under the Contract or Contracts of completion arranged under this par- _ raph) sufficient funds to pay the cost of completion Tess the balance of ' e Contract Price; but not exceeding, including other costs and damages • r which the Surety may be liable hereunder, the amount set forth in the fi : paragraph hereof. The term "balance of the Contract Price," as used in th'. paragraph, shall mean the total amount payable by City to Contractor uncle e Contract and any amendments thereto, less the amount properly paid by ' ity to Contractor. No right of action shall accrue on this bond to or or the use of any person or corporation other than City named herein. The Surety hereby waives notice of an• agrees that any changes in or under the Contract Documents and compliance or oncompliance with any formalities connected with the Contract or the changes does •t affect Surety's obligation under this Bond. Signed and sealed this day •f 20 WITNESSES: Secretary (CORPORATE SEAL) IN THE PRESE CE OF: 104 HADLEY PARK YOUTH CENTER, B-35883A By: (Name of Corporation) (Signature) (Print Name and Title) INSURANCE COMPANY: BY: Agent and Attomey-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: ITB NO.: 12-13-028 SUBSTITUTED FORM OF PAYMENT BOND (Page 1of 2). BY THIS BOND, We as Principal, hereinafter called Contractor, and , as ' rety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, n the amount of Dollars ($ ) for e payment whereof Contractor and Surety bind themselves, their heirs, executors, adm 'stators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement ent -d into a Contract, Bid/Contract No. 12.13-028, awarded the day of , 20 , with City which Contract Documents are by reference incorporated -rein and made a part hereof, and specifically include provision for liquidated damages =nd other damages identified, and for the purposes of this Bond arehereafter referred to as e "Contract"; THE CONDITION OF THIS BOND is that if C' tractor: 1. Pays City all losses, liquidated da► ages, expenses, costs and attorney's fees including appellate proceedings, that Ci sustains because of default by Contractor under the Contract; and 2. Promptly makes payments • all claimants as defined by Florida Statute 255.05(1) for all labor, materials and sup• es used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACT', R'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN F FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING C DITIONS: 2.1. A cl - imant, except a laborer, who is not in privities with Contractor and who has n• received payment for its labor, materials, or supplies shall, within forty-five 45) days after beginning to fumish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. A claimant who is. not in privities with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. ..Any action under this Bond must be instituted in accordance with the Iongerof the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. 105 HADLEY PARK YOUTH CENTER, B-35883A ITB NO.: 12-13-028 SUBSTITUTED FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that y changes in or under the Contract Documents and compliance or noncomplian - with any formalities connected with the. Contract or the changes does not affect the rety's obligation under this Bond. Signed and sealed this day of ATTEST: By: , 20 Contractor (Name of Corporation) (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of , 20 IN THE PRESENC" OF: INSURANCE COMPANY: By: 106 Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone_ No.: HADLEY PARK YOUTH CENTER, B-35883A !TB NO.: 12-13-028 SUBSTITUTED CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secret corporation named as Principal in the foregoing Performance and Payment Bond Bond and Payment Bond); that , who signed the Bo of the Principal, was then of said corporation; that I know his/h his/her signature thereto is genuine; and that said Bond(s) was (were) duly attested to'on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissio d, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has bee uthorized to execute the foregoing Performance and of the erformance (s) on behalf signature; and ned, sealed and Payment Bond (Performance Bond an . - ayment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn t' •efore me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by HADLEY PARK YOUTH CENTER Page 107 TTB NO.: 12-13-028 SUBSTITUTED J PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 at Amount: in United States Funds Expiry: (Date) Bid/Contra umber. We hereby authorize you to draw on (Bank, Issuer name) by order (branch address) of and for the account of (con actor, applicant, customer) up to an aggregate amount, in United S tes Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the ity Manager or his authorized designee, that the drawing is due to default in perform • nce of certain obligations on the part of (contractor, applicant, stomer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be dra and negotiated not later than (expiration date) HADLEY PARK YOUTH CENTER Page I08 ITB NO.: 12-13-028 SUBSTITUTE D PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONALIIRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. umber), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) ye- each unless we provide the City of Miami with written notice of our intent to terminate the cr- , it herein extended, which notice must be provided at least thirty (30) days prior to the expiratidate of the original term hereof or any renewed one (1) year term. Notification to the City tha his Letter of Credit will expire prior to performance of the Contractor's obligations will be deeme s a default. This Letter of Credit sets forth in full the terms of our undertaking, and uch undertaking shall not in any way be modified, or amplified by reference to any docume s, instrument, or agreement referred to herein or to which this Letter of Credit is referred or thi Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by r- -rence any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona f--e holders of all drafts drawn under and in compliance with the terms of this credit that such dra' will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be rele- ed one (1) year after the Final Completion of the Project by the (contractor, ap cant, customer) This Credit is subject to the "Uniform Custo• s and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), blication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Custo► s and Practice for Documentary Credits and Florida law should arise, Florida law shall prevai If a conflict between the law of another state or country and Florida law should arise, Florida la shall prevail. HADLEY PARK YOUTH CENTER Page 109 Authorized Signature r ITB NO.: 12-13-028 SUBSTITUTED INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY • FORM A If the Proposer is submitting as a joint venture, please be advised that this form (2 pages) MUST be comp d 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 contractu agreement. 7. Control of and participation in this Agreement. Ideify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day managem t 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 sal=.: (3) Hiring : firing of management personnel: (4) ' rchasing of major items or supplies: ) 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. HADLEY PARK YOUTH CENTER Page 110 ITB NO.: 12-13-028 SUBSTITUTED AFFIDAVIT "The undersigned swear or affirm. that the foregoing statements are correct and include all material inf•. ation necessary to identify and explain the terms and operation of our joint venture and the intended participatio by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the Co ty current, complete and accurate information regarding actual joint venture work and the payment therefore an• y.proposed changes in any of the joint venturer relevant to the joint venture, by authorized representatives of e County. Any material misrepresentation will be grounds for terminating any Contract which maybe awarded and •r initiating action under Federal or State laws concerning false statements." Name of Firm: Name of Firm: Signature: Signature: Name: Name: Title: Title: Date: Date: .. HADLEY PARK YOUTH CENTER Page 111 ITB NO.: 12-13-028 SUBSTITUTED Jan,22. 2014 5:49PM DIPOMPEO CONST CORP No.9566 P. 3 NNY MARTINEZ, P.E. Oty' Manager January 10, 2014 Mr. John DlPompeo, Sr. President DlPompeo Construction Corporation 2301 NW 33ro Ct Pompano Beach, FL 33089 RE Hadley Park Youth Center, Project B-35883A ITS No. 12-13-028 Notice of trite. to Award JAN13 4 DI PQP>~t~i CONSTR TPON COdr• Via • all (Delivery request) an • S Mail Return Receipt Dear Mr. DiPompeo: .Thank you for your interest in conducting bu - s witty the City of Miami, Capital Improvements and Transpo r.n Program CCPP°) has concluded their review. of the bid submittals for the above referenced r elect and determined that DIPompeo Construction Corporation ("DiPompeo") Is the lowest responsiv and responsible bidder. The City Manager has approv CIP's recommendation to award the project to your firm in the bid amount of $5,941,816.00, Ho e ver, the recommendation to award will require Commission approval. After' Commission approval au will' receive a Notice of Award letter requesting Insurances, Performance and Payment sonde and gned contract documents. . A stated in the Contra • docunAtrta; • Section 1— l o - , r Subrelssio Act - • . rlc = ar • Ion of ; Ids giver of Te h i =1It °A Bidder may at withdraw its Bld unilaterally nor change the Contract Price before the expiration of one hundred twe (120) calendar days from the. date of bld opening. A Bidder may withdraw Ite Bid after the expiration • one hundred twenty (120) calendar days frorn the date of Bid opening by delivering written notice of drawal to the Capital Improvements Program prior to award of the Contract by the City Commis Ion. Once the City Commission makes the award, the Ski cannot be withdrawn under this Article/ CAPITAL IMPROVEMENTS PROGRAM 444 $ vV. zroi,AM r Melling Address. P.O. Box30708 Miami, FL 33233-0708 (305) 416 Zy 53 SUBSTITUTED Jar.22. 2014 5:50PM DIPOMPEO CONST CORP No,9566 P. 4 The bids were received on June 20, 2013, and the one hundred twenty (120) calendar day me period has expired. CIP previously sent a letter to you, dated July 17, 2013, In which you signed and ag to the bid item amounts and total stated below: Bid item 1 Lump Sum Base Bid Amount ,347,000 Bid item 2 Alternate No. 1 Asphalt Parking Spaces 00,000 Bid .Item 3 Alternate No, 2 Vehicle Drop Off Area $130,000 Bid Item . Alternate Ni. 3 New Playground $180,000 Bld Item 5 Alternate No. 4 Roofing ($-20,000.00) Bld Amount Bid Items 1.6 Total $5,837,000 Allowance for Bid Permits Line Item • $104,616.00 Total Bid Am • nt $5,941,616.00 Please sign, date and check the appropriate box below to dlcate yourfirm's acceptance or rejection of this contract award. Yes, I will accept the award fora t _ . = • amount of $5,941416.00 No, 1 would like to withdraw my bid far sideration for the above referenced project Di Pompeo Construction Corporation Contractor Name: " O John DlPompeo, Sr. — Pnse'.: nt Your response must be receive % at this office not later than Friday,. January 31, 2014, by the .end of business da Very trut Date: odrlgua As nt ' Irecto JR/cw Mark S = nioll, P.E., Director, CIP Mello Barrington, CIP Assistant Cc: p1le copy closures SUBSTITUTED Via Electronic mail and US mail: jd iponrpeo@dipompeoconstrucdon,com John DiPompeo, Jr., President Di Pompeo Construction Corporation 2301 N.W. 33`d Court, Unit #102 Pompano Beach, Florida 33069 Re: OHNNY MARTINET, P.F., City Manager uary 30, 2014 Invi tion-To-Bld No.12-13 . 8- Nadia Park Youth Center— B - Dear Mr. DiPompeo: As stated in our letter of Janu Program ("CIP') has deterrnin lowest responsive and respo acknowledged that the Ci awarded to DiPompeo, s However, because we' 20, 2013, the City addition, the City the City from al contract. 5883A 10, 2014, the Capital Improvements and Transportation that DiPompeo Construction Corporation ("DiPompeo") is the sible bidder for the above -referenced Project. Said letter further Manager has approved CIP's recommendation that the Project be ject to ratification of the award by the Board of City Commissioners. ve exceeded 120 days beyond the opening of the bids on Thursday, June of prevent DiPompeo from withdrawing its bid from consideration. In ttomey has informed us that the hardbid procurement regulations prohibit wing any bidder to alter its submitted bid amount for purposes of awarding the Based on pie above, this letter is to confirm whether DiPompeo, hereby,: ` a) accepts the City's award of the Project for completion at the Company's bid amount of $5,941,616.00; Yes, I, hereby, accept the award of ITS No.: 12-13-028 at the Company's bid ! amount of $5,941,616.00. or John DiPompeo, Jr., President Di Pompeo Construction Corporation CAPITAL IMPROVEMENTS PROGRAM 444 SW 2nd Avenue, 8t' Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 390708 Miami, FL 33233-0708 SUBSTITUTED b) withdraws the Company's bid from consideration for the Project. Yes, I, hereby, withdraw the Company's bid from consideration fthe Project. John Di'ompeo, Jr., President Di Pompeo Construction Corporatio Accordingly, please. execute the applicable signature line, a ve. Please note: Failure or refusal to: i) .execute one of the ; gnature lines above; or ii) return this executed Letter to CIP by 5:00 P.M. on Friday, J , uary 31, 2014 shall be deemed to be DiPompeo's withdrawal of its bid from consideratio . for the Project. If you have any questions, please do not hesitate to ntactme at mdarri on tniamigov.com. Mark Spa Capital AAR/aar Cc: File copy Marto Darrington, Senior • rocurement Specialist. or ents and Transporta ' on Program CAPITAL IMPROVEMENTS PROGRAM 444 SW 2"d Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 SUBSTITUTED QCttp of Anti February 4, 20 Via Electronic mail and US mail: jgonzalez®abcconstruction.cc Jorge Gonzalez, President ABC Construction, Inc. 7215 NW 7th Miami, Florida 33126 JO MARTINEZ, P.E., ity Manager Re: Invitation- 1 -Bid o. 12-13-028- Ha 1 Park outh Center — B 5883A Dear Mr. Gonzalez: As you know, ABC Construction c. was the second lowest bidder for the Hadley Park Youth Center Project. At this point; pending •mpletion of the staffs due diligence review, CIP is prepared to recommend that the Project be award- to ABC, however, because we have exceeded 120 days beyond the opening of the bids on Thursday, J 20, 2013, the City cannot prevent ABC from withdrawing its bid from consideration. Accordingly, this 1? er is to confirm whether ABC will: or a) accept the Ci's award of the Project for completion at the Company's bid amount of $6,018,904.1 Yes, I, hereby, js nfirm is C 11 accept the award of ITB No.: 12-13-028 at the Company's bid amount $ 018,90 Jorg : Gonzalez, P ident ABC Construction, c. withdraw the Company's bid from consideration for the Project. Yes, I, hereby, confirm that ABC withdraws the Company's bid from consideration for the Project. Jorge Gonzalez, President ABC Construction, Inc. Accordingly, please execute the applicable signature line, above. CAPITAL IMPROVEMENTS PROGRAM 444 SW 2nd Avenue, 8th Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 418-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 SUBSTITUTED Please note: Failure or refusal to: i) execute one of the signature lines above; or i) return letter to CIP h3r 5:00 P.M. on Friday, February 7, 2014 shall be deemed to be ABC's wi bid from consideration for the Project. If you have any questions, please do not hesitate.to contact me at Mark Sp : or Capital Improvements and Transportation Program AAR/aar Cc: Pile copy Mario Darrington, Senior Procurement Specialist CAPITAL IMPROVEMENTS PROGRAM 444 SW 2' Avenue, 8'h Floor ! Miami, FL 331301(305) 416-1260 / Fax: (305) 41 S-2153 Melling Address: P.O. Box 330708 Miami, FL 33233-0708 • etecuted rawal of its SUBSTITUTED CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST Amended January 30, 2014 BID ITEM: Hadley. Park Youth Center CIP PROJECT NO.: B-35883A BID NUMBER: BID NO.12-13-028 DATE BID OPENED: Thursclay, June 20, 2013 TIME: 1:O0pm. BIDDER BID TOTAL BID BOND (ER) AMOUNT CAS V R'S CHECK Di Pompeo $5,941,6.:.00 5% of Bid Amount ABC Construction, Inc. $6,0 •,904.19 . 5% of Bid Amount Link Construction Group .•,240,520,00 5% of Bid Atnount TGSV Enterprises, Inc. $6,401,616.00 5% of Bid Amount FHP Tectonics Corp. • $6,470,056.69 5% of Bid Amount Edgewater Construction Group, Inc, $6,659,616.00 5% of Bid Amount Carfvon Construction Company _ ..... . __. _ _. ..............-...,.....,........y.,....._....,.. $6,691,616.00 ».... ,...,� ., 5% of Bid Amount ,.,............. ..,-,..' »s k tier, IFPl 6:0 I".0;ICel hrjreza • . ' 9s^t.r.ly as of ..e above offing am the only hers date and firne ' Alt .., , .. r, .F t� . 'e hereby rejected, .: ;. capon a to 6Is late." solioltcr ion, If .. zy. .., 1 on January 30. 2014 Today's Date received (7) bid(s) on behalf Capital Inpr.overnents.Prgm City Department PREPARED BY: SUBSTITUTED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Johnny Martinez, P.B,, City Manager OM: Mark Spaniels , F.B., Director Capital Improvements Program Recommendation DATE: February 12, 2014 FILES MUM Reaommen. • on ofAward for Had : Park Youth Center — 8358, A REFEREN E1NCL : ITB 12-13-028 Based on the findings below, Capital Impro aents and Transportation Program C"CIP") hereby recommends that the Project be awarded to C Construction, ("ABC"), who has been determined to be the lowest responsive and responsible : dder for ITB 12-13-028 - Hadley Park Youth Center - B- 35883A. Background On Thursday, June 20, 2013, C ' received seven (7) bids in response to the solicitation far the Hadley Park Youth•Centcr - B-35/883 • (the "Project") (See attached Bid Security list). Bidders were required + hold a current certified license as a General Contractor or Building Contractor from the ' ' to of Florida and must have a minimum of six (6) years experience under its current business : e, in the construction of similar projects including three (3) separate project references for Co Meted Projects of similar size, scope, and complexity, within the past six (6) years. In addition, the a - : (3) completed project references must be commercial or institutional buildings of at least 2a,00• .f:, where the Bidder has self -performed at least 20% of the work. Findings As re a ' on the attached Bid Security List, DiPompeo was the lowest bidder. The local preference orct k ,re is mot applicable since none of the other Bidders maintain a "local" office, as defined in Q r4 01 in 18-73 of the City. of Miami Code, Altar determining that DiPompeo le the lowest responsive And responsible bidder for ]TB 12-13-028, CEP htaff requested that DiPompeo confirm its willingness /to aecept award of the Project at its submitted bid amount because this award has exceeded 120 days beyond the opening of the bids on Thursday, June 20, 2013, and the City cannot prevent DTonpeo 2 SUBSTITUTED from withdrawing its bid. DiPompeo has twice failed and/or refused to provide said co • tion in response to letters dated January 10, 2014 and January 30, 2014, thus their bid is deemed • own. Accordingly, CIP is recommending that the Project be awarded to ABC, the next . , - ' bidder. To - that end, staff has determined that ABC is a responsible bidder, meats the recluiremeats to bid on the Project and its bid is responsive to ITB 12-13-028. In addition, : = • ; cow ABC's willingness to accept award of the Project at its submitted bid amount of $6 18,904.19 (See attached Bid Confirmation Letter). Contract Execution Accordingly, CEP hereby requests authorization to prepare for : ecution a contract in the amount of ABC's total bid of $6,018,904.19, plus a tan percent (10%) ,tingency for a total contract amount not to exceed $6,620,794.61. cc: Alice Bravo, P.E., As Mark Spanioli, Jeovanny itodrigu Marlo D Approved: t City Manager/Chief of Infrastructure eater, CIP P.E., Assistant Director, CEP CI? Assistant, CEP Date: L