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Back-Up - Original Contract
Crystal Report Viewer City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 1.2-01087 Enactment #: R-12-0415 Version: I Type: Resolution Status: Passed Enactment Date: 10/25/12 Introduced: 9/24/12 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED AUGUST 13, 2012, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-032, FROM THORNTON CONSTRUCTION COMPANY, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE NEW DINNER KEY MARINA DOCKMASTER BUILDING PROJECT, B-60464, IN THE AMOUNT OF $3,763,641, WHICH INCLUDES $3,677,167, FOR THE SCOPE OF WORK, A $52,308 ALLOWANCE FOR PERMITS, AND $34,166, FOR AN ADD ALTERNATE ITEM, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $376,364.10, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $4,140,005.10; ALLOCATING FUNDS IN THE AMOUNT OF $4,140,005.10, FROM CAPITAL IMPROVEMENT PROJECT NOS. B-60464 AND B-60464S; AUTHORIZING THE CITY MANAGER TO EXECUTER CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. WHEREAS, the Capital Improvements Program issued Invitation to Bid ("ITB") No. 11-12-032, for construction services for the New Dinner Key Marina Dockmaster Building Project, B-60464 ("Project"); and WHEREAS, eight (8) bids were received by the Office of the City Clerk on August 13, 2012; and WHEREAS, Perez-Gurri Corporation d/b/a N&J Construction ("N&J") was the lowest responsive and responsible, non -local bidder and Thornton Construction Company, Inc. ("Thornton") was the fourth lowest responsive and responsible, local bidder; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), any responsive and responsible local bidder(s) who maintain a local office, as defined in Section 18-73 of the City Code, and is within fifteen percent (15%) of the price submitted by the non -local low bidder, then that non -local bidder and each of the responsive and 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; and WHEREAS, N&J submitted a "Best and Final" bid in the amount of $3,861,308, resulting in a reduction of $82,302 from their original bid price of $3,943,610; and WHEREAS, Thornton submitted a "Best and Final" bid in the amount of $3,860,030, resulting in a reduction of $206,987 from their original bid price of $4,067,017; and WHEREAS, Thornton's "Best and Final" bid was the lowest, thereby making Thornton the lowest responsive and responsible bidder; and file:///SI/...1-2014/Increase%20to"/o20Contmct-New%20Dinner%20Key%20Marina%20Dockmaster°/"20Building-Thornton/5-R-12-0415.htm[7/23/2014 4:10:00 PM] Crystal Report Viewer WHEREAS, the City Manager requests authorization to execute a contract with Thornton, in the amount of $3,763,641, which includes $3,677,167, for the scope of work, a $52,308 allowance for permits, and $34,166, for an add alternate item, plus a ten percent (10%) owner contingency amount of$376,364.10, for a total not to exceed award value of $4,140,005.10; and WHEREAS, funds in the amount of $4,140,005.10 are to be allocated from Capital Improvement Project Nos. B-60464 and B-60464S, for said purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2, The bid received August 13, 2012, pursuant to ITB No, 11-12-032, from Thornton, the lowest responsive and responsible bidder, for the Project, in the amount of $3,763,641, which includes $3,677,167, for the scope of work, a $52,308 allowance for permits, and $34,166, for an add alternate item, plus a ten percent (10%) owner contingency amount of $376,364.10, for a total not to exceed award value of $4,140,005,10, is accepted, with funds in the amount of $4,140,005.10, allocated from Capital Improvement Project Nos. B-60464 and B-60464S. Section 3. The City Manager is authorized (1 ) to execute a Contract, in substantially the attached form, consisting of the ITB documents and attachments, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} file:///S1/...1-2014/Increase%20to%20Contract-New%20Dinner%20Key%20Marina%20Dockmaster%20Building-Thornton/5-R-12-0415.htm[7/23/2014 4:10:00 PM] CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Johnny Martinez, P.E, DATE: October 4, 2012 FILE: City Manager FROM: Mark Spanioli, P.E. D' ctor apital Improvements Program SUBJECT: Recommendation of Award New Dinner Key Marina Dockmaster Building, B-60464 REFERENCES: 176 11-12-032 ENCLOSURES: Bid Security List, Best and Final letters Recommendation Based on the findings below, Capital .Improvements Program hereby recommends the Project be awarded to Thornton Construction Company Inc., who has been determined to be the lowest responsive and responsible bidder for ITB 11-12-032 New Dinner Key Marina Dockmaster Building, 8-60464. Background Capital 'Improvements Program (CIP) received eight (8) bids on August 13, 2012, in response to the solicitation for the New Dinner Key Marina Dockmaster Building, which are reflected on the attached Bid Security List. Bidders were required to hold a current active certified license as a General Contractor or Building Contractor from the State .of Florida with a minimum of five (5) years experience under its current business name, in the construction of similar projects including a minimum of three (3) to maximum of five (5) separate project references as the Prime Contractor for Completed Projects of similar size, scope, and complexity; within the past five (5) years. In addition, the three (3) or more completed project references must be for either an addition to an existing commercial or institutional building of at least 10,000 sf.; or construction of new commercial or institutional buildings of at least 10,000 sf. The Bidder must as of: the Bid Due Date: (i) have at least one (1) Project as the Prime Contractor that has been LEED certified; or ii) • have on their staff a LEED Accredited Professional who has successfully completed LEED certification for a recent project in a supervisory role, The Bidder also must provide a one page resume with LEED project reference(s)'that Includes contact information for the project owner and design' firm on the City's reference form and 'a copy of the LEED certification included with their bid submittal, All Bidders shall identify in their bid a LEER Accredited Professional on their staff who must prepare all construction LEED templates ,and compile any required calculations and supporting information. This person must also provide LEED quality control on -site throughout project. Failure. to meet this requirement will result in the bid submittal being deemed non- responsive. Findings The City's staff had determined 'that Perez-Gurri Corp., d/b/a N &J Construction, Inc., ("N, & J"), is a responsive and responsible, non -local bidder; and Thornton Construction Company., Inc., ("Thornton"), is a responsible local bidder and submitted a responsive bid within fifteen percent (15%) of N & J's bid and maintains a local office, as defined in City Code Section 18-73. 1 In accordance with Section 18-85(a) of the City of Miami Code, as amended, any responsible local bidder(s) who have submitted responsive bids within fifteen percent (15%) of the non -local low bidder(s), are granted the opportunity to submit their "Best and Final' bid, equal to or lower than the non- local low bidder's original bid amount. Each bidder was sent a letter dated September 5, 2012, with a new blank bid form, instructing them to complete the bid form and submit two originals in a sealed, addressed and dated envelope to the CIP office no later than September 12, 2012 at 5:00 p.m., to comply with the City's request. Both bidders submitted a Best and Final bid within the seven day period. Thornton's bid was the lowest coming in at $3,860,030, which is a $206,987 reduction from their original bid price of $4,067,017, N & J's was second lowest at $3,861,308, an $82,302 reduction from their original bid price of $3,943,610. Thornton's total lump sum bid amount consisted of $3,677,167 for the Base Bid amount, plus; a Bid Additive Alternate lump sum amount of $34,166, for building demolition and Asbestos abatement; a Bid Additive Alternate lump sum price of $96,389, for construction of a new waterfront plaza; and an allowance of $52,308 for permit fees, At this time, CIP has elected not to construct the new waterfront plaza, and therefore, the $96,389 for this item has been deducted from the total lump sum bid amount. Accordingly, CIP hereby requests approval of the recommendation of award to Thornton, the lowest responsive and responsible bidder in the reduced Best and Final bid amount of $3,763,641, plus a ten percent (10%) contingency of $376,364.10, for a total contract amount not to exceed $4,140,005.10. Upon approval of this recommendation, .CIP will prepare the necessary legislation to have this award brought before the City Commission. Approved by: Joh (jj, Martine City TTull. nager Date: ID— '1- Attachments c: Alice Bravo, RE., Assistant City Manager/Chief of Infrastructure Jeovanny Rodriguez, P.E., Assistant Director, CIP 2 BID NO. 11-12-032 NEW DINNER KEY MARINA DOCKMASTER BUILDING CIP PROJECT NO.: B- 60464 Due Date: July 9, 2012 Due Time: 2:00 P.M. Mayor Tomas P. Regalado Commissioner Wifredo (Willy) Gort, District 1 Commissioner Marc Sarnoff, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Michelle Spence -Jones, District 5 City Manager, Johnny Martinez, P.E. Issued By: City of Miami Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 TABLE OF CONTENTS NOTICE TO CONTRACTORS 6 Section 1 - Instructions for Submission 8 1. Intention of City 8 2. Scope of Work 8 3. Location of Prolect(s) 8 4. Performance of the Work 8 5. Examination of Contract Documents and Site 8 6. Addendum 9 7. Bid Submission 9 8. Bid Guaranty 9 9. Preparation of Bid 10 10. Pre -Bid Conference/Site Visit 10 11. Postponement of Bid Opening Date 10 12. Acceptance or Rejection of Bids 10 13. Environmental Regulations 11 14. Bid Award 11 15. Bid Protest 12 16. Local Workforce Participation 12 17. Community Small Business Enterprise Participation (CSBE) .13 18. Cone of Silence .13 19. Public Entity Crime 13 20. Fraud and Misrepresentation 14 21. Collusion 14 22. Contractor in Arrears of Default 14 23. Cancellation of Solicitation 14 Section 2 - General Terms and Conditions 15 1. Definitions 15 2. Time is of the Essence 17 3. Contract Term/Contract Price 18 4. Notices 18 5. Priority of Provisions 19 7. Performance and Payment Bond 22 8. Qualification of Surety 23 9. General Requirements 24 10. Method of Performing the Work 25 11. Work Staging and Phasing 26 12. Site Investigation and Representation 26 13. Contractor to Check Plans, Specifications and Data 26 14. Contractors Responsibility for Damages and Accidents 27 15. Accidents 27 16. Safety Precautions 27 17. Occupational Health and Safety 28 18. Labor and Materials 29 19. Rules, Regulations, and Licenses 29 20. Consultant Services 29 21. Project Management 29 22. Superintendence and Supervision 30 23. Sub Contractors 30 24. Authority of the Project Manager 31 25. Inspection of Work 32 26. Taxes 32 27. Separate Contracts 32 2 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 28. Lands of Work 33 29. Coordination of Work 33 30. Differing Site Conditions 33 31. Existing Utilities 34 32. Contractor's Responsibility for Utility Properties and Service 34 33. Interfering Structures 35 34. Field Relocation - 35 35. Contractor's Use of Project Site(s) - 35 36. Warranty of Materials and Equipment 36 37. Material and Equipment Shipment, Handling, Storage and Protection 36 38. Manufacturer's Instructions 37 39. Manufacturer's Warranty 38 41. Submittals 38 42. Shop Drawings 40 43. Product Data 41 44. Samples 41 45. Record Set 41 46. Supplemental Drawings and Instructions 42 47. Contractor Furnished Drawings 42 48. Substitutions 42 49. City Furnished Drawings 43 50. Interpretation of Drawings and Documents 44 51. Product and Material Testing 44 52. Field Directives 44 53. Changes in the Work or Contract Documents 44 54. Continuing the Work 45 55. Change Orders 45 56. Change Order Procedure 46 57. No Oral Changes 46 58. Value of Change Order Work 46 59. Extra Work Directive 49 60. As -Built Drawings 50 61. Worker's Identification 51 62. Removal of Unsatisfactory Personnel 51 63. Substantial Completion, Punch List, & Final Completion 51 64. Acceptance and Final Payment 52 65. NDPES Requirements 52 66. Force Majeure 53 67. Extension of Time 53 68. Notification of Claim 54 69. Extension of Time not Cumulative 54 70. Contractor's Damages for Delay 55 71. Excusable Delay, Non-Compensable 55 73. Defective Work 55 74. Acceptance of Defective or Non -Conforming Work 56 75. Uncovering Finished Work 56 76. Correction of Work 56 77. Maintenance of Traffic and Public Streets 57 78. Location and Damage to Existing Facilities, Equipment or Utilities 58 79. Stop Work Order 59 80. Hurricane Preparedness 59 81. Use of Completed Portions 60 82. Cleaning Up; City's Right to Clean Up 60 83. Removal of Equipment 60 84. Set -offs, Withholdings, and Deductions 61 85. Event of Default 61 3 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 86. Notice of Default -Opportunity to Cure 61 87. Termination for Default 62 88. Remedies in the Event of Termination for Default 62 89. Termination for Convenience 63 90. Resolution of Disputes 63 91. Mediation -Waiver of Jury Trial 64 92. City May Avail Itself of All Remedies 65 93. Permits, Licenses and Impact Fees 65 94. Compliance with Applicable Laws 65 95. Independent Contractor 66 96. Third Party Beneficiaries 66 97. Successors and Assigns 66 98. Materiality and Waiver of Breach 66 99. Severability 67 100. Applicable Law and Venue of Litigation 67 101. Amendments 67 102. Entire Agreement 67 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 67 104. Evaluation 67 105. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County and the State of Florida 68 106. Royalties and Patents 68 107. Continuation of the Work 68 108. Review of Records 68 109. No Interest 68 110. Payments Related to Guaranteed Obligations 68 111. Consent of City Required for Subletting or Assignment 69 112. Agreement Limiting Time in Which to Bring Action Against the City 69 113. Defense of Claims 69 114. Contingency Clause 69 115. Mutual Obligations 69 116. Contract Extension 70 117. Non -Exclusivity 70 118. Nature of the Agreement 70 119. Contract Documents Contains all Terms 70 120. Applicable Law and Venue of Litigation (Attorneys Fees) 70 121. Survival 70 Section 3 - Supplemental Terms and Conditions 72 1. Contract Time & Hours 72 2. Leadership in Energy and Environment Design / LEED Certification 72 3. Progress Payments 73 4. Liquidated Damages 74 5. Schedule of Values 74 6. Project Schedules 74 7. Release of Liens/Sub contractor's Statement of Satisfaction 75 8. Progress Meetings 76 9. Request for Information 76 10. Project Site Facilities 77 11. Security 78 12. Construction Signage 81 Section 4 - BID FORM 79 CERTIFICATE OF AUTHORITY 86 (IF JOINT VENTURE) 86 CERTIFICATE OF AUTHORITY 86 (IF INDIVIDUAL) 86 4 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Section 5- Attachments 88 BID BOND FORM (Page 1 of 3) 88 CERTIFICATE AS TO CORPORATE PRINCIPAL 90 SUPPLEMENT TO BID FORM: 91 QUESTIONNAIRE 96 OFFICE LOCATION AFFIDAVIT (Page 1 of 2) 98 Section 6 - Contract Execution Form 99 CORPORATE RESOLUTION 101 FORM OF PERFORMANCE BOND (Page 1 of 2) 102 CERTIFICATE AS TO CORPORATE PRINCIPAL 103 PERFORMANCE AND PAYMENT GUARANTY FORM 104 UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) 104 PERFORMANCE AND PAYMENT GUARANTY FORM 105 Joint Venture Form 106 5 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 INVITATION TO BID NO. 11-12-032 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1st Floor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: NEW DINNER KEY MARINA DOCKMASTER BUILDING, B-60464 Bids Due: Monday, July 9, 2012 AT 2:00 P.M. Scope of Work: Work consists of furnishing all labor, transportation, machinery, tools means of transportation, supplies, equipment, materials, services, and incidentals necessary to achieve the following: Construction of a New Dockmaster Facility of approx. 11,296 Sq. Ft. (Gross Area) at the Dinner Key Marina. The new facility is a three story building to serve as the Dinner Key Marina and Harbormasters (Mooring) administration building, which must be in accordance with federal, State and local building Codes. The first floor will support limited parking, a handicap accessible elevator, stairwell access, and storage room. The second floor will house a customer lounge/computer access area, library, laundry facilities with customer showers/restrooms area and a customer convenience store. The third floor will house administrative office space, a storage room, a conference room, housekeeping supply rooms, and restrooms. The third floor will also allow access to an outdoor balcony, with awning. The project includes the demolition of the existing dockmaster building and the construction of a new outdoor plaza of approx. 10,180 Sq.ft. The City is seeking no less than LEED Silver Certification. CIP has scheduled a non -mandatory pre -bid conference and site visit to follow directly afterwards, which will be held at the following date, time and location: Location: City of Miami City Hall — Commission Chambers 3300 Pan American Drive, Miami, Florida 33133-5504 Date/Time: June 18, 2012 at 10:00 a.m. Minimum Requirements: Prospective Bidder shall hold a current active certified license as a General Contractor or Building Contractor from the State of Florida and must have a minimum of five (5) years experience under its current business name, in the construction of similar projects including five (5) separate project references as the Prime Contractor for Completed Projects of similar size, scope, and complexity, within the past five (5) years. In addition, the five (5) completed project references must be commercial or institutional buildings of at least 10,000 sf. The Bidder must as of the Bid Due Date: (i) have at least one (1) Project as the Prime Contractor that has been LEED certified; or ii) have on their staff a LEED Accredited Professional who has successfully completed LEED certification for a recent project in a supervisory role. Provide a one page resume with LEED project reference(s) that include contact information for the project owner and design firm on the City"s reference form and a copy of the LEED certification included with their bid submittal. All Bidders shall identify in their bid a LEED Accredited Professional on their staff who must prepare all construction LEED templates and compile any required calculations and supporting information. This person must also provide LEED quality control on -site throughout project. Failure to meet this requirement will result in the bid submittal being deemed non -responsive. The Bid documents/plans can only be obtained by visiting the CIP website: http://www.miamigov.com/Capitallmprovements/pages/ProcurementOpportunities/Default.asp on or after June 4, 2012. It is the sole responsibility of all firms to ensure the receipt of any addendum and 6 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 it is recommended that firms periodically check the CIP webpage 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, at the time, date, and place above, bids will be publicly opened, plus one (1) copy in digital form (on CD-ROM in pdf format). Any bids received after time and date specified will not be considered. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of Bidder. The City is not responsible for any delay, late, mislabeled or incorrectly delivered Bids, no matter the cause. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 CODIFIED AS CITY CODE 18-74, MIAMI CITY CODE City Manager Johnny Martinez, P.E. DP# 009122 7 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Section 1 — Instructions for Submission 1. Intention of City It is the intention of City to describe in this Invitation to Bid ("ITB") the Project(s) to be completed in accordance with all codes and regulations governing all the Work to be performed under this Contract(s). Any work, labor, materials and/or equipment that may reasonably be inferred from the Contract as being required to produce the intended results shall be supplied by Contractor whether or not specifically called for in the Contract Documents. Where words, 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, transportation, 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. Construction of a New Dockmaster Facility of approx. 11,296 Sq.Ft. (Gross Area) at Dinner Key Marina. The new facility is a three story building to serve as the Dinner Key Marina and Harbormaster"s (Mooring) administration building. It is done in accordance to federal, State and local building Codes. The first floor will support limited parking, a handicap accessible elevator, stairwell access, and storage room. The second floor will house a customer lounge/computer access area, library, laundry facilities and customer showers/restrooms area and a customer convenience store. The third floor will house administrative office space, a storage room, a conference room, housekeeping supply rooms, and restrooms. The third floor will also allow access to an outdoor balcony, with awning. The project includes the demolition of the existing dockmaster building and the construction of a new outdoor plaza of approx. 10,180 Sq.Ft. The City is seeking no less than LEED Silver Certification. 3. Location of Project(s) 3400 Pan American Drive, Coconut Grove, Florida 33133. 4. Performance of the 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 not meeting the minimum self -performance requirement during the performance of the Work, then the Contractor shall be deemed in default of the Contract and the City reserves the right to take any necessary and appropriate action permitted by law or by the Contract Documents. 5. 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. • Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. 8 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 • Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code) laws, regulations, ordinances that may affect a Bidder"s ability to perform the Work. • Study and carefully correlate Contractor's observations with the requirements of the ITB. The submission of a Bid in response to this solicitation shall constitute an incontrovertible representation by Bidder that it will comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addendum Only questions answered by written Addendum will be binding. Oral and other interpretations or clarifications will be without 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 Cecelia Wilson at cwilson(a�miamigov.com. Interpretations or clarifications considered necessary by CIP in response to such questions will be issued by the City by means of Addendum posted on the CIP webpage. Written questions should be received no less than ten (10) calendar days prior to the date Bids are due. There shall be no 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 Clerks office located at City Hall, First Floor, 3500 Pan American Drive, Miami, Fla. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID NO.: BIDS FOR: 11-12-032 NEW DINNER KEY MARINA DOCKMASTER BUILDING B-60464 Bidders must submit two originals plus one (1) copy in digital form (on CD-ROM in pdf format). Failure to submit two originals may result in the rejection of the Bid as non- responsive. 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( e.g. South Florida ) bank, cash or Bid Bond Voucher (for projects less than $200,000) issued to City of Miami c/o the City of Miami Purchasing Department, treasurer's check or bank draft of any national or state bank (United States), in the amount of five percent 5% of the total Bid amount, payable to City of Miami, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Capital Improvements Program at its sole discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. A PERSONAL CHECK OR 9 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder, who is recommended for award, fail to timely execute the Contract, and provide the required Performance Bond. Preparation of Bid The Bid Form contains one Project and the Bidder must provide a total stipulated 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 furnishing of all labor, materials, transportation, 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 (the last page of the contract documents) 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/Site Visit A non -mandatory pre -bid conference and site visit (which will follow immediately afterwards), will be held on June 18, 2012 at City of Miami — City Hall, Commission Chambers, 3500 Pan American Drive, Miami, Fl. 33133, at 10:00 a.m., to discuss this solicitation. 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 The City reserves the right to reject any or all Bids prior to award. Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change the Contract Price before the expiration of one hundred twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its Bid after the expiration of one hundred twenty (120) calendar days from the date of Bid opening prior to award 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 Section. 10 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 13. Environmental Regulations The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulations in investigating a Bidder"s responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The 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 will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and, at its sole discretion, conduct site visits, require the Bidder to furnish documentation and/or require the contractor to attend a meeting to determine the Bidder"s qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed by the Contractor and past performance on City projects. In accordance with City Code Section 18-85(a), as amended, when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder. A Post Office box or working from a private residence will not be considered as maintaining a local office, unless the owner of the private residence possesses a 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 any other contracts with the City, past or current, or any other public entity or any other contract for construction services. 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 filed a lawsuit against the City or where the City has filed a lawsuit or won a court judgment against a Bidder, such Bidder may be declared non -responsive. 11 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-104 of the City"s Code describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party"s right to file a protest. NO EXCEPTIONS. NOTE: Paragraphs 16. Local, Small and Disadvantaged Firm Participation, 17. First Source Hiring Agreements and 18. Local and Minority/Woman Participation Reporting in Contract Section 1 — Instructions for Submission are hereby deleted and shall have no force or effect with respect to this Project. i) The New Paragraph 16. in Contract Section 1 — Instructions for Submission is as follows: 16. Local Workforce Participation a) Respondents must employ a minimum of fifteen percent (15%) of on -site labor from persons residing within the municipal boundaries (e.g. city limits) of the City. The City residency of the onsite labor component will be subject to verification by the issuing department. b) Five percent (5%) of the bid amount shall be retained by the City for the requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Ordinance No. 13332. Failure to comply with the Local Workforce requirements pursuant to Ordinance No. 13332 within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. c) These requirements are applicable to the New Dinner Key Marina Dockmaster Building project, B-60464. d) The Contractor will be required to hold one (1) job fair within the local community for projects with a bid amount between $1,000,000 and $2,000,000. e) The Contractor will be required to hold two (2) job fairs within the local community for projects with a bid amount greater than $2,000,000. f) The Contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce. g) 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 Ordinance No. 13332. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of F.S. 454, 471, 473, or 481. 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, 12 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 enforcement, or investigative environment. The cost for this verification shall be included in the related Contract costs. ii. The New Paragraph 17. in Contract Section 1 — Instructions for Submission is as follows: 17. Community Small Business Enterprise ("CSBE") a) Respondents must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami -Dade County as a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code. b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Ordinance No. 13331. Failure to comply with the CSBE requirements pursuant to Ordinance No. 13331 within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City. c) Respondents who are deemed responsive and responsible to the requirements of the Invitation to Bid and subsequently awarded a Contract shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Ordinance No. 13331. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of F.S. 454, 471, 473, or 481. 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 investigativeenvironment. The cost for this verification shall be included in the related contract costs. d) These requirements are applicable to the New Dinner Key Marina Dockmaster Building project, B-60464. 18. Cone of Silence Pursuant to Section 18-74 of the City of Miami ("City Code") and City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB. 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 marciamiamigov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City Code or City of Miami Ordinance No. 12271 for a complete and thorough description of the Cone of Silence. You may also contact the City Clerk at (305)-250-5360, to obtain a copy. 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 13 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 for perform work as a contractor, supplier, sub contractor, 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 Nendor 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. 21. Collusion Where two (2) or more related parties, as defined in this Article, each submit a response to an ITB, such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submission under such ITB. Related parties shall mean employees, officers or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Contractor have a direct or indirect ownership interest in another Contractor for the same project(s). ITB responses found to be collusive shall be rejected. 22. Contractor in Arrears of Default The Contractor represents and warrants that the Contractor is not in arrears to the City and is not a defaulter as a surety or otherwise upon any obligation to the City. In addition the contractor warrants that the Contractor has not been declared "not responsible" or "disqualified" by or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the 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. 14 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Section 2 — General Terms and Conditions 1. Definitions. Basis of Design means a specific manufacturer"s product that is named; including the makeor model number or other designation, establishing the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and s;. 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 governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City"s authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City. City Manager means the duly appointed chief administrative officer of the City of Miami. Commissioning means the employing total building commissioning practices tailored to the size and complexity of the building site, building and its system components in order to verify performance of all components and systems and help ensure that design requirements are met. This includes a designated commissioning authority a commissioning plan, verification of the installation and performance of systems to be commissioned, and a commissioning report. 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. Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City. Contractor means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this contract through the award of an ITB. Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addendum, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project(s). Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. 15 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Projects. Consultant may also be referred to as Architect or Engineer of Record. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project(s) site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. Design Documents means the construction plans and specifications included as part of this Bid prepared by the Consultant for this Project(s) under a separate Agreement with the City. Director means the Director of the 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 Documents. Guaranteed Maximum Cost means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead expenses and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. Integrated Design or IDP means the use of a collaborative, integrated planning and design process consistent with ASTM E 2348, Standard Guide for Framework for a Consensus - based Environmental Decision making Process that initiates and maintains an integrated project team in all stages of a project"s planning and delivery; establishes performance goals for sitting, energy, water, materials, and indoor environmental quality along with other comprehensive design goals; and, ensures incorporation of these goals throughout the design and lifecycle of the building; and considers all stages of the buildings lifecycle, including deconstruction. Materials mean goods or equipment incorporated in a Project(s), or used or consumed in the performance of the Work. Notice of Award means the written letter to the Contractor notify the Contractor that they have been awarded the Contract. 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). 16 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Plans and/or Drawings means the official graphic representations of a Project(s). Project Or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project(s). Project Manager means the individual assigned by CIP to manage the Project(s). Request For Information (RFI) means a request from the Contractor seeking an interpretation or clarification relative to the Contract Documents. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractors 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. Sub Contractor 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. 17 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Project following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 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 to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or contract with the Contractor shall include but are not limited to material persons, Sub contractors, suppliers, and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project(s) site(s) for the full duration of the Project(s) to ensure the timely completion of the Work. 3. Contract Term/Contract Price The Contract shall commence upon issuance of the Notice of Award, which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. The total bid amount shall be the Guaranteed Maximum Cost ("GMC") of the Project which means the maximum cost of the work including labor, materials, equipment, overhead expenses and profit. The City will not be liable for payment of any amount in excess of the GMC (unless the City Commission has approved a project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent). 4. Notices Whenever either party desires to give Written Notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Mr. Mark Spanioli P.E. Director Capital Improvements Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 Mr. Jeovanny Rodriguez, P.E. Assistant Director Capital Improvements Program City of Miami 444 S.W. 2nd Avenue, - 8th Floor Miami, Florida 33130 For Contractor: (To Be Determined) 18 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 During the Work the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project(s) at all times through ongoing communications with the Project Manager. 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 govern over smaller scale drawings • Figured or numerical dimensions shall govern over dimensions obtained by scaling • Where provisions of codes, manufacturer"s specifications or industry standards are in conflict, the more restrictive or higher quality shall govern 6. Indemnification Contractor shall indemnify and hold harmless the City, its officials, officers, agents, directors, and/or employees, from liabilities, damages, judgments losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. The Contractor shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials, and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if 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 appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and 19 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 interpretation, which conforms to the limitations of §725.06 and/or §725.08, Fla Statutes, as amcnded from timc to timc as applicable. Contractor shall .require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Contractor. Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage"s set forth herein. Applicable coverage's are underlined. 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) 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). • CGL Required Endorsements o Employees included as insured 20 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 o Contingent Liability/Independent Contractors Coverage o Contractual Liability o Waiver of Subrogation o Premises and/or Operations o Explosion, Collapse and Underground Hazards o Loading and Unloading o Mobile Equipment (Contractor"s Equipment) whether owned, leased, borrowed or rented by Contractor or employees of the Contractor. 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 7.5. 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 of Miami is listed as an additional insured. 7.6 Builder's Risk Causes of loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $10,000, all other Perils 5% maximum on Wind and Flood, if applicable, City of Miami included as an Additional Insured. A. LimitNalue at Location or Site (100% of construction value) B. Coverage Extensions: • Materials, supplies and similar property owned by others for which you are responsible. • Full coverage up to policy limits for equipment breakdown. • Temporary storage/transit coverage. • Full coverage up to policy limits for site preparation, re -excavation, re - preparation and re -grade in the event of a loss. • Fences, scaffolding, construction forms coverage and signs 21 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 • Valuable papers coverage for blueprints, site plans and similar documents. Trees, shrubs, sod, plants while at premises. Flood, including inundation, rain, seepage and water damage. Earthquake Business Interruption Subsidence New ordinance or law; reimbursement for any resulting loss of value to the undamaged portion, and required demolition expenses, including construction necessary to repair, rebuild or re -construct damaged parts. • Escalation clause in the event of a total loss up to 5% of policy limit. • Temporary structures, cribbing and false work built or erected at construction site. • Unintentional errors and omissions in reporting clause • Full coverage up to policy limits for testing including physical loss caused by pneumatic and hydrostatic testing. • Debris Removal. 7.7 Owners & Contractor's Protective Each Occurrence General Aggregate $1,000,000 $1,000,000 The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide the City with at least thirty (30) days notice of cancellation and/or restriction. 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). 7. Performance and Payment Bond 22 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 sub contractors employed pursuant to this. Project(s). Each Bond shall be with a Surety, which is qualified pursuant to Article 14, Qualification of Surety. Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Project(s). The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 8. Qualification of Surety Bid Bonds, Performance/ Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): Each Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. The City will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the surety company based on the financial information available to the City. A surety company that is rejected by the City may be substituted by the Bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for Bonds: 23 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Amount of Bond (U$) Bonding Company Rating Size Category 500,001 to 1,000,000 - B+ Class 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII For projects of $500,000.00 or less, City may accept a Bid Bond, Performance Bond and Payment Bond from a Surety which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the Surety is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. A Certificate and Affidavit so certifying should be submitted with the Bid Bond and also with the Performance/Payment Bond. More stringent requirements of any grantor agency are set forth within the Bid. If there are no more stringent requirements, the provisions of this section shall apply. 9. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not employee(s) or agent(s) of the City or any of its departments. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. 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 Sub contractors 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 24 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 of heavy loads on it shall be allowed and the Contractor at its own expense shall reconstruct all portions damaged. Contractor shall bear all losses 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 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. 10. 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 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, 25 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager or Consultant. 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 Sub contractor can be reached should the need arise at any time. 11. Work Staging and Phasing • The Work to be .performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The manner in which the Work is performed shall be subject to the approval of the Project Manager or Consultant, whom if necessary, shall have the authority to require changes in the manner in which the Work is performed. There shall be no obstruction of City services without the prior written approval of the Project Manager or Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the Project Manager and Consultant. A staging plan must be submitted to and approved by the Project Manager or the Consultant prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. 12. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project(s) site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures 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 this Contract Documents amount may be adjusted up or down depending on the conditions. 13. Contractor to Check Plans, Specifications and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager or Consultant as part of a Contract Documents, and shall notify the Project Manager and the Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as 26 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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. 14. Contractor's Responsibility for Damages and Accidents Contractor ; shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or • replace, at no additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same 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. 15. 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. 16. 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. 27 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and, protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Sub contractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall beremedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager or Consultant has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager and Consultant of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager and the Consultant. 17. 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. 28 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 • 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. 18. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall at all times enforce strict discipline and good order among its employees and Sub contractors at the Project(s) site(s) and shall not employ on the Project(s) any unfit person or anyone not skilled in the Work to which they are assigned. 19. Rules, Regulations, and Licenses The successful Contractor shall comply with all laws and regulations applicable to provision of services specified in the Contract Documents. The Contractor shall be familiar with all federal, state and local laws that may in affect the goods and/or services offered. 20. 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, Sub contractors 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. 21. 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 Sub contractors and suppliers; coordinating the 29 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 securing of all permits; obtaining licenses and inspections; ensuring that Sub contractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the 'satisfaction of the Project Manager; paying all Sub contractors; obtaining release of liens/cia'i.ms fees; and obtaining temporary and final Certificates of Occupancy or Completion. 22. Superintendence and Supervision The orders of the. City are given through Consultant or Project Manager, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress`, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Project Manager or Consultant. The superintendent shall not be changed except with the written consent of Project Manager or Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Project Manager or Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. The Project Manager and the Consultant shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Sub contractors at the Project(s) site(s); visitors to the Project site, including representatives of the City, Consultant, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s) and shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be Contractor's duty to immediately inform Project Manager and Consultant, in writing, and Project Manager or Consultant, will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. All Work, including trade Work shall be performed and supervised by properly licensed for the Work being performed. 23. Sub Contractors Contractor is solely responsible for all acts and omissions of its Sub contractors. Nothing in the Contract Documents shall create any contractual relationship between any Sub contractor and the City. Contractor is responsible for the timely payment of its Sub contractors and suppliers as required by Florida Stature. Failure to comply with these payment requirements will place the Contractor in default of the Contract. 30 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Contractor shall not employ any sub contractor against whom City and or Program Manager may- have a reasonable objection. Contractor shall not be required to employ any sub contractor against whom Contractor has a reasonable objection. Contractor shall utilize the Sub contractors identified in its Bid submission. The replacement, addition, or deletion of any Sub contractor(s) shall be subject to the prior written approval: of the Project Manager. With the submission of its pay application the Contractor must identify the number of personnel they and the Sub contractor(s) are using who are working under H2B visas. Third tier subcontracting is only permitted with the prior written approval of the Project Manager. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager and the Consultant designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager"s and/or Consultant`ss determination or requests. Where requests are made orally, the Project Manage and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract Documents, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the Director, Project Manager or the Consultant. 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 Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager and Consultant will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor"s failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager"s nor Consultants 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 sub contractor, 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 Sub contractor, or any of their agents or employees, or any other persons performing any of the Work. 31 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 25. 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 Managers 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 by the Project Manager and/or Consultant, be uncovered for examination and properly restored at Contractor"s expense. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals. The Contractor shall give the City and the Consultant timely notice of when and where tests and inspections are to be made so that the City and Consultant may be present for such procedures. All testing reports are to be sent directly to the Project Manager by the testing firm, with a copy to the Contractor. Re-examination of any of the Work may be ordered by the Project Manager and Consultant, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. 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. 26. Taxes Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work the Project Manager 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 32 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 Contractors Work, except as to defects which may develop in other contractor's work after the execution of Contractors Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall at once report to Project Manager and Consultant any discrepancy between the executed Work and the requirements of the Contract Documents. 28. Lands of Work City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto and such other lands as are designated by City for the use of Contractor. Contractor shall provide, at Contractors own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 29. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a week schedule. Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project(s) site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project Site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. During progress of Work under this Contract, it may be necessary for other contractors 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. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project(s) site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project(s) site(s), of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor, without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify the Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project Manager and the Consultant shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Project Manager or the Consultant, the conditions do 33 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Project Manager or Consultant shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the Project Manager and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. Should the Director determine that the conditions of the Project(s) site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract price or Contract Time for differing site conditions shall be allowed if made after the date certified by Consultant or Project Manager as the date of substantial completion. 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work may be shown on the Drawings. Locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the City or its officials/employees; 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. 32. 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 Sub contractors 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 34 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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. 33. Interfering Structures An attempt has been made to show major structures on the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected companies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including have the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only by the direction of the Project Manager 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. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor„s use of the Project(s) site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor at his sole discretion based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City"s continuous operation. This is necessary, as the Project Site(s) may remain in operation during the Work. • The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted by the Project Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the specified areas; conform to Project(s) site(s) rules and regulations affecting the Work. o Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager. 35 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 o Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the Project Manager. 36. Warranty of Materials and Equipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment All equipment and material shall be shipped with freight and shipping paid, FOB job site. The Contractor shall request a 7-day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. 36 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -supplied and City -supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment City supplied equipment and material shall be inspected and inventoried together with City"s Inspector. Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling Equipment and materials received for installation on the Project(s) shall be handled in accordance with the manufacturer"s recommendations, and in a manner that will prevent damage. Storage Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance The Contractors insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. 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. 38. Manufacturer's Instructions The Contractor shall: 37 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Comply with manufacturer"s requirements for the handling, delivery and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturers printed instructions for delivery, storage, assembly, and installation. Comply with the manufacturer"s applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project(s) and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturers representative shall provide the Contractor and the Project Manager or Consultant a written report of field observations. 39. Manufacturer's Warranty Contractor shall provide all manufacturers" warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturers standard warranty. The Contract Documents may supersede the manufacturers standard warranty. Manufacturer"s warranties will become effective upon Final Acceptance of the Project(s). 40. Reference Standards Reference to the standards of any technical society, organization or body shall be construed to mean the latest standard adopted and published at the date the Invitation to Bid was issued, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other Submittals to make sure they comply with the Contract Documents prior to submission to the Project Manager 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 38 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 Sub contractor (if any) submitting drawings • Name of Project, Building or Facility, and Owners 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 attached to all Submittals" packages being transmitted to the City and Consultant. The Contractor's letters of transmittal shall properly list and identify all Submittal packages with number and description of each Submittal within the letter of transmittal. When catalogs, product data, diagrams or charts are submitted with more than one type of product manufactured, clearly identify the particular item being submitted, including options that are intended for use in that particular work or portion of work. Contractor shall note in submittals/shop drawings to make references to Drawings, drawings details, Specifications Sections, or any of the Contract Documents, as necessary for clarity. Project Manager and/or Consultant shall make every effort to review Submittals within fourteen (14) calendar days from the date of receipt by the Project Manager and/or Consultant. Project Manager and/or Consultants 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 this Contract Documents. 39 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the Project Manager's or Consultants stamp of approval. Distribution shall include, but not limited to; job site file, record documents file, Sub contractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing,authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the' Project Manager"s or 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 Managers or Consultants review of Submittals shall be construed as authorizing additional work or increased cost to the City. 42. Shop Drawings Contractor shall submit Shop Drawings as required by the Contract Documents. The purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after City"s award of the Contract, Contractor shall submit to Project Manager or Consultant a complete list and submittal log of items for which Shop Drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by Project Manager or Consultant shall in no way relieve the Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. After the approval of the list of items required in above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show its approval thereon. Contractor shall submit three (3) sets of shop drawings. Some shop drawings as either denoted in the Contract Documents or by the Florida Building Code (Code) or Florida Statute, such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure that the Shop Drawings meet all Code requirements. If the Shop Drawings show or indicate departures from the Contract Documents, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. Project Manager or Consultant shall review and accept or reject with comments, Shop Drawings within fourteen (14) calendar days from the date received. Project Manager"s or Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents and not indicated on the Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop Drawings have been approved by Project Manager and/or Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractors responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Project Manager 40 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 Consultants approval at the job site at all times. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options and other data. Contractor shall supplement manufacturer"s standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information and operating and maintenance manuals at 50% completion of construction. 44. Samples Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. Contractor shall include identification on each sample and provide full information. 45. Record Set Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the Project Manager or Consultant, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to City"s obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be accurately located on the record documents as to depth and in relationship to not less than 41 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor"s entitlement to final payment, the record documents shall be delivered to the Project Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files: 46. Supplemental Drawings and Instructions The Project Manager or Consultant shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. Project Manager or Consultant shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings The Contract Documents may require the Contractor to furnish design, shop and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The Project Manager and/or Consultant shall, after review of the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT- Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the Project Manager or Consultant prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions in the drawings. 48. 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 have a maximum of two (2) re -submittals for any substitution or approved equal to be reviewed by the City of Miami Project Manager and/or Architect or Engineer of Record. 42 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Contractor shall comply with the original contract documents and specifications after the two (2) re -submittals have been deemed "non -compliant with the contract documents. 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 reimburse the City for the charges of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the Project Manager and the Consultant any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFD. The City shall respond to all RFI"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. 43 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project(s), should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the Project Manager's or Consultants interpretation and perform the Work in accordance with the decision of the. Project Manager or the Consultant. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 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. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor"s expense. 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. 52. Field Directives The Project Manager or Consultant may at times issue field directives to the Contractor based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager or Consultant that the work is outside the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City"s position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager or Consultant that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project(s) must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 44 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Any changes. to, the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 54. '` Continuing the Work Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work • shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders Changes in the quantity or character of the Work within the scope of the Project(s) which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to the Director as set forth in Article 88, Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Project Manager, Consultant, and Director in writing within seven (7) calendar days of Contractor"s agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract and which are within the general scope of the Contract Documents. Any such changes will be known as Extra Work. No Extra Work shall be performed except pursuant to written orders of the Project Manager or Consultant expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the Project Manager or Consultant may direct, order or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the Project Manager stating why he deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the Project Manager to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 45 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule for performance for both the Extra Work and any other Work affected by the Extra Work. The _City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to immediately start the Extra Work. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractors 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. 57. No Oral Changes Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract or, in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. 58. Value of Change Order Work The value of any Work covered by a Change Proposal Request or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: • Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. • By mutual acceptance of a lump sum which Contractor and Project Manager acknowledge contains a component for overhead and profit. 46 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 • On the basis of the "cost of Work," determined as provided in this, plus a Contractor"s fee for overhead and profit which is determined as provided in this Article. • The term "cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the Project Manager, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by Project Manager and Contractor. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Sub contractor is to be paid on the basis of cost of the Work plus a fee, the Sub contractor's cost of the Work shall be determined in the same manner as Contractor's cost of the Work. All Sub contractors shall be subject to the other provisions of the Contract Documents insofar as applicable. The term "cost of the Work" shall include any of the following: • Cost of special consultants, including, but not limited to, consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. • Supplemental costs including the following: • The proportion of necessary transportation, travel and subsistence expenses of Contractor"s employees incurred in discharge of duties connected with the Work except for local travel to and from the site of the Work. • Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. 47 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 • Deposits lost for causes other than Contractors 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 Contractors 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 Sub contractors, 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 Sub contractor as a fee for overhead and profit shall not exceed ten percent (10%); and • No fee shall be payable for special consultants or supplemental costs. Contractor"s overhead 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 the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 48 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown together with the supporting data. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate'acceptable to the Project Manager or Consultant. ■ Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. ■ Whenever a change involves Contractor and one or more Sub contractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Sub contractor shall be itemized separately. ■ Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "cost of the Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 88, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor"s claim including the manner that the disputed item was specified in the Contractor"s proposal. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager"s written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor"s claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties" inability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Contractor or his sub contractor. Any exceptions must be approved by the Project Manager. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment Insurance Law, (iii) excise taxes pursuant to Federal Social Security Act; (iv) any increases in public liability and property damage insurance or performance and payment bonds occasioned solely by the Extra Work, (v) the actual and necessary operating expenses (except the expense of supplies and small tools not operated by mechanical or electrical power), power for such plant and a reasonable rental for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require to support all the costs of the Extra Work. If 49 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 LL 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 Contractors own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor"s superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City. 60. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager or Consultant and prepare As -Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: • Depths of various elements of foundation in relation to finish first floor datum. • All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. • Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager"s or Consultants written instructions or by Change Order. • Details not on original Contract Drawings. • Equipment, conduit, electrical panel locations. • Project Manager"s or Consultants schedule changes according to Contractors records and shop drawings. Specifications and Addenda: Legibly mark each section to record: ■ Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Managers or Consultants written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. The Projects as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all 50 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 new and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets, manholes, etc.). For construction of new building or building additions as -built drawings signed and sealed by a Florida Licensed Professional Surveyor and Mapper (PSM). 61. Worker's Identification The Contractor"s employees, who include any Sub contractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee"s picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Sub - Contractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List, & Final Completion The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended 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 complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager or Consultant determines, on the appropriate form that the Work is not substantially complete, the Project Manager or Consultant shall provide a list of 51 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The Project Manager or Consultant, and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager or Consultant shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by Project Manager, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project Manager or Consultant a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and Sub contractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. Contractor shall deliver the written Contractors 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 of all claims by Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the application for final payment. 65. NDPES Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the Bid prices. For further information on 52 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at ; (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/water/stormwater/npdes/. Contractor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. 66. Force Majeure"' Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, 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. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the purpose of this article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; • 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, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the Project Manager will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and 53 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 expected _,duration of the delay and its effect on the completion of that part of the Work identified in the request. The Project Manager may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contractor"s request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike or interference of public origin which may delay the Project, the Contractor shall promptly give the Project Manager a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Project Manager and to Consultant within ten (10) business days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the Project Manager or Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the 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 hereof, if City and Contractor cannot otherwise agree. It is expressly and specifically agreed that any and all claims for changes to the Contract time or Contract price shall be waived if not submitted in strict accordance with the requirements of this Article. The Contract time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as provided in this Article. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 72, Excusable, Delays, 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. 54 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 70. Contractor's- Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract 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 by the City in certain situations. Contractor agrees to this section by submitting a bid response and shall have no recourse from this Section. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Sub contractors, 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 Sub contractors, 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 67, Notification of Claim hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 72. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof. 73. Defective Work Project Manager or Consultant shall have the authority to reject or disapprove Work which Project Manager or Consultant finds to be defective. If required by Project Manager or Consultant, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 55 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Project Manager or Consultant, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond,. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 74. Acceptance of Defective or Non -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. 75. Uncovering Finished Work The Project Manager"s, Inspector"s and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The Project Manager /or Consultant shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down and the replacing and the restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Work, including the cost of the City"s additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager or Consultant of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the Project Manager or Consultant, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor"s expense and that the Contractor will pay the cost 56 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor"s refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the 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 barricades with warning lights, necessary arrow boards and signs, to warn motorists of the Work throughout the Project. Adequate 57 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 approved devices shall be erected and maintained by the Contractor to detour traffic. • Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. • The Contractor shall be responsible for the provision, installation and maintenance of all MOT :and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the Contractor shall be responsible for providing the Consultant with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed by a professional Engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010-010. • Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470). • Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance of the construction date or 48 hours in advance of construction within any signalized intersection. • Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. • Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping • 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. 78. 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. 58 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 The: Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor•shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: ■ Cancel the Stop Work Order; or ■ Terminate the Work covered by such order as provided in Article 87, Termination for Convenience. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the Project Manger or Consultant, the Contractor may have been delayed by such suspension. In the event the Project Manger or Consultant determines that the suspension of Work was necessary due to Contractors defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by 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. 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the Project Manager or Consultant has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 59 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 81. Use of Completed Portions City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager or Consultant. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: • City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. • Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager or Consultant. • Upon Project Manager or 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. 82. Cleaning Up; City's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of a Project(s), Contractor shall remove all its waste materials and rubbish from and about the Project(s) as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the Project Manager and/or Consultant shall determine to be just. All combustible waste materials shall be removed from the Project(s) at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with 60 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 City"s order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. 84. Set -offs, Withholdings, and Deductions The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: Any amount of any claim by a third party; Any Liquidated Damages, and/or; Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, the following: • The Contractor has not performed the Work in a timely manner; • The Contractor has refused or failed, except in case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work; The Contractor has failed to make prompt payment to Sub contractors 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 Contractors ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: o Treat such failure as a repudiation of the Contract and/or; o Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. • In the event the City may, at its sole discretion terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. • Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure 61 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame or the Contract with the City may be terminated. The City is under no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City"s rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor under any contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: • Contractor fails to obtain the insurance or bonding herein required by the Contract. • Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. 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. 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment and materials (not owned or paid for by the City) from the Work Site. The City assumes no liability for the Contractors failure to remove such items from the Project(s) site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction 62 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project(s) site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: • Stop all Work on the Project(s) on the date specified in the notice ("the Effective Date"); • Take such action as may be necessary for the protection and preservation of the City"s materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; • Take no action that shall increase the amounts payable by the City under the Contract Documents; and • Take reasonable measures to mitigate the City"s liability under the Contract Documents. • All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: • For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project(s) completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract, and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work; and • To the extent practical, the fair and reasonable value shall be based on the price established as a result of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. • The amount due hereunder may be offset by all payments made to the Contractor. • All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination including, Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. • Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. • All payments made under the Contract are subject to audit Upon the City"s payment in full of the amounts due the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes 63 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Contractor understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Article 4, Notices. Should the Contractor and the Project Manager fail to resolve the dispute the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director -Contracts, as identified in Article 4, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the Contractor shall submit their dispute in writing within five (5) calendar days to the Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification the Director shall review the issues relative to the claim or dispute and issue a written finding. Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $100,000, the City Manager"s decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City 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. 91. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of a Project(s), and/or following the completion of the Project(s), the parties to this Contract agree all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to 64 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 demand a jury trial or to file permissive counterclaims in any action arising under this Contract.' 92. ._ City May Avail Itself of All Remedies The City- may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City"s rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. This amount is to be utilized strictly for the Contractor's Permit Fees reimbursements. Any moneys left from this allowance account will in no event be utilized for other purposes 93. Permits, Licenses and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That includes also any other permit fees not directly related to the actual construction of the Project(s), including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities, except as otherwise provided within the Contract Documents. All permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to the Contract Documents shall be secured and paid for by Contractor. It is 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 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 Departments Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractors operations (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable. 94. Compliance with Applicable Laws The Contractor shall comply with the most recent editions and requirements of all applicable laws, regulations, and building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the 65 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 qualifications for Contractor and Sub Contractor doing business anywhere in the City; and any public agency having jurisdiction over the project. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The 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 sub contractor, 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. 96. Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract 97. Successors and Assigns The performance of this Contract shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to nullify this Contract. Any assignment without the City"s consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any 66 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severability In the event the any provision of the Contract Documents is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director or designee. 102. Entire Agreement The Contract Documents, as they may be amended from time to time, represent the entire and integrated Contract between the City and the Contractor and supersede all prior negotiations, representations or agreements, written or oral. This Contract may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of the Contract Documents shall not be deemed to be a waiver of any other breach of any provision of the Contract Documents. 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation Contractor acknowledges that upon completion of the of the Work under the Contract Documents and/or at any other time deemed appropriate by the City a performance evaluation report will be completed by the City. A copy of each performance evaluation 67 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities manufactured, grown, or produced in the City of Miami, Miami - Dade County and the State of Florida Whenever two or tr ore 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 $tate of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 107. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the involved contractor, continue until completion at the same prices, terms and conditions. 108. Review of Records City shall have the right to inspect and copy, at City"s expense, the books and records and accounts of Contractor which relate in any way to the Project(s), and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project(s) and to any claim for a period of five (5) years following Final Completion of the Project(s). The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. Contractors shall develop the proper forms and reports acceptable to the City for the administration and management of the Contract Documents. 109. No Interest Any monies not paid by City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 110. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project(s) with respect to defective Work, equipment or materials which may be identified by the Project Manager. 68 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of the Contractors 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 Citywillpay- the Contractor any monies owed, subject to Contractor"s submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents 111. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets, pledges, sells, encumbers or otherwise disposes of the Contract or its right, title or interest in or to the same or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law. 112. Agreement Limiting Time in Which to Bring Action Against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. 113. 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 expressly provided herein, 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. 114. Contingency Clause Funding for this Contract is contingent on the availability of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of funds, failure to allocate or budget sufficient funds, reduction of funds and/or change in applicable laws, codes regulations, upon thirty (30) days notice in the same manner as a Termination for Convenience under § 90 herein. The Contractor shall have no recourse against the City for termination under this Section except as provided § 90.. 115. 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. 69 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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. 116. Contract: Extension The City reserves the right to exercise its option to extend the Contract for up to ninety (90) calendar days beyond the original Contract period. In such event, the City will notify the Contractors in writing of such extensions. 117. Non -Exclusivity It is the intent of the City to enter into a Contract with all successful Bidders that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the Work with its own employees. 118. Nature of the Agreement The Contractor shall provide the services set forth in the Contract Documents. The Contractor shall provide full and prompt cooperation with the City in all aspects of the Work to be performed. The Contractor acknowledges that the Contract Documents require the performance of all things necessary for or incidental to the effective management and performance of a Project(s). All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 119. 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. 120. Applicable Law and Venue of Litigation (Attorneys Fees) In any litigation or action between the parties related to or arising by virtue of this contract, each party shall bear its own attorneys fees. 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. 70 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 122. Additional Terms and Conditions No additional terms and conditions included with the solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder"s/proposer's authorized signature affixed to the bidder"s/proposer's acknowledgment form attests to this. 71 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Section 3 - Supplemental Terms and Conditions 1. Contract Time & Hours The. Contractor shall furnish al labor, materials, equipment, tools, transportation, 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 calendar 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. 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. The work hours for this project are 8:00 a.m. — 6:00 p.m. Monday — Friday. Leadership in Energy and Environment Design / LEED Certification The Contractor shall perform all the Work and incorporate into the construction of the Project the LEED requirements contained in the Contract Documents, to ensure that the City obtains no less than a LEED (Silver LEVEL) rating. The Contractor`ss responsibilities as part of the LEED certification process, involve, among other duties, the storage and collection of recyclables; construction waste management; material reuse; recycled content; construction indoor air quality management, tracking of documentation, and the implementation of the indoor air quality management plan for the preoccupancy phase. The Work includes, but is not limited to the tracking, collecting, assembling, and submitting of all the LEED required information to the Consultant and/or the Owner, all in the specified format and in a timely manner to avoid delays. Ensure that the building system is installed, maintained, and tested to make sure that they will perform in conformance with the design intent, the City"s operational needs, and the Contract Documents. Create a LEED checklist to be used during construction to ensure that the Contractor and Sub contractors comply with the LEED Certification requirements. Copies of the LEED Submittal Forms and/or documentation that are due during a payment period are required to be submitted within the Contractor"s application for payment package of that period. Failure of Contractor to provide such documentation in a timely manner may result in Contractor"s payment to be withheld by the City. Refer to Section 3, Supplemental Terms and Conditions, article 3, Progress Payments. The Contractor shall delegate to a member of their staff, who is a LEED Accredited Professional, the responsibility to lead the commissioning efforts for the Contractor on this Project. This individual will be required to work closely with the Consultant, the LEED-AP and the Commissioning Authority to collect all data during the performance of the Work required for LEED certification and to ensure all of the LEED Certification requirements are met in the performance of the Work, materials incorporated into the Work, and the recycling and disposal of waste or excess materials. Please refer to the minimum requirements in the Notice to Contractors section of the contract documents. Contractor in conjunction with the Consultant shall conduct a post occupancy review ten (10) months after the completion of the construction of the Project to review and inspect the Project for warranty issues. This task includes, but is not limited to; both a review of current operation to identify any potential warranty related problems before the typical 12 month 72 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 warranty expiration, and an interview with building and facility operating staff to identify their concerns. Delays or changes in construction required to meet the LEED"s rating will not be considered Excusable Delays nor will the costs be compensable. Should the Project fail to obtain the stipulated LEED Certification as a result of the Contractor acts, omissions, or negligence, the Contractor shall be liable to the City for the increased costs of construction incurred by the City in its effort to obtain the stipulated LEED Certification. 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 schedule as required by Article 5 of the Supplemental Terms and Conditions and a partial or final release of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the Project Manager or Consultant. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) days after approval of Contractor's application for payment. Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: • Defective Work not remedied. • Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. • Failure of Contractor to make payments properly to Sub contractors or for material or labor. • Damage to another contractor not remedied. • Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. • Failure of Contractor to provide any and all documents required by the Contract Documents. In instances where multiple Project are awarded the Contractor shall submit separate Applications for Payment for each Project. When the above grounds are removed or resolved satisfactory to the Project Manager, payment shall be made in whole or in part. 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 73 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid:invoices and an executed Material Purchased/Stored On -Premises form to establish the City"s title to such materials or equipment, or otherwise protect the City`s interest, including. applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time. 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 One Thousand Nine Hundred Fourteen dollars ($1914.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion, the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of Nine Hundred Fifty Seven dollars ($957.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid in full to the City. 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 Consultants 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 74 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 path in chronological order. Provide horizontal time scale in weeks from the start of construction and identify the first work day of each month. Identify listings of any major equipment installation milestones. All updates of Schedules shall be tracked against the baseline schedule and shall be -at a minimum submitted with each pay application. An updated Schedule against the baseline shall also be submitted upon execution of each .change order that impacts the Contract Time for completion. Failure to submit such Schedules shall result in the rejection of any submitted payment application. d . All Schedules shall be prepared in Microsoft Project 2003 or earlier unless otherwise approved by the Project Manager. At the time of submission of Schedules, Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a PDF format and shall be capable of being incorporated 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. 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 Sub contractor(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. 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. 7). Percentage of completion for each item as of the date the schedule was prepared. 8). Dates for Contractor's submittals. 9). Dates for any required City -furnished materials or equipment. 10). 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/Sub contractor'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 75 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project(s), subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Sub contractor'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 Sub contractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project(s) where sub contractors have performed Work, a Final Release of Lien/Sub contractor"s Statement of Satisfaction for each Sub contractor 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 Sub contractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Sub contractor's Statement of Satisfaction, submit a Consent of Surety to Requisition Payment. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the Project Manager or Engineer, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items or questions, and Contractor shall note the action to be taken by such party or parties. Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its sub contractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to Project Manager and the Consultant an updated two -week look -ahead schedule of construction activities and submittals. 8. Request for Information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include its recommendation for resolution. The Architect and City shall respond in writing. 76 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 9. Project Site Facilities The Contractor shall arrange for all Project(s) site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project(s). Contractors, Sub contractors, supplier"s, material men's personnel shall not use theCity 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. 10. Temporary Facilities, Utilities, and Construction Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility, or those that are necessary for the performance of the Work. Contractor shall make all arrangements with the local utility companies. The Contractor shall also be responsible for furnishing all materials and equipment necessary for the installation and maintenance of any temporary utilities. The Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager and the City. Contractor shall furnish, install and maintain temporary facilities required for construction, and shall remove them upon completion of the Work. All facilities shall comply with the respective federal, state and local codes and regulations and with utility company requirements. Materials for temporary facilities may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. The Contractor must pay for all utility costs associated with new lines, new hook ups, new utility accounts, and so forth which were necessitated by the Project itself. Contractor shall pay all changes, fees, costs, or other impositions for utilities, including, without limitation, electric, water, sewer, telecommunications and other utilities of whatever nature arising from the Project or the Work as herein defined. The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities and utilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. Contractor shall be responsible for payment for all fees and charges for the installation and use of all temporary facilities and utilities. All such facilities and utilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. Temporary fences: If, during the course of the Work, it is necessary to remove or disturb any fencing, the Contractor shall, at his own expense, provide a suitable temporary fence which shall be maintained until the permanent fence is replaced. The Project Manager will be solely responsible for the determination of the necessity for providing a temporary fence and the type of temporary fence to be used. 77 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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 Signage Contractor will typically be expected to furnish and install a minimum of two signs in addition to construction related signs such as warning signs. The City shall provide the Contractor the wording and layout for the signs at the pre - construction conference. The Contractor shall furnish the two City signs at the Project(s) Site(s) as follows: ■ The first sign must be manufactured by Image 2000, 45 East 9th Court, Hialeah, Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2 mil cast vinyl overmounted with 3 mil mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4 inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. • The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/4 inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. • The Contractor shall also post appropriate construction site warning signs at the Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boater to the construction zone, requiring idle speed and a minimum clearance distance. Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. • The Project Manager and the City shall approve the locations for all signage. 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 78 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 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. 79 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 BID FORM Submitted: August 13, 2012: Date City of Miami, Florida Office of the City Clerk City. Hall, ist Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: Bid No: 11-12-032 Title: NEW DINNER KEY MARINA DOCKMASTER BUILDING B-60464 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. 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. 79 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 BID FORM (Page 2 of 8) BEST AND FINAL BID BID DUE DATE: SEPTEMBER 12, 2012 Note: Bidders: are bidding on a total lump sum price basis for the purpose of determining the lowest responsive and responsible bidder. Where there is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevail. Bid Item No, 1: Lump Sum Base Bid Provide the .total cost for the Scope of Work specified in this solicitation, consisting of the furnishing of all materials, labor, equipment, transportation, supervision, mobilization, overhead & profit required, including utility offsite improvements and site lighting in accordance with the Contract Documents. Lump Sum Base Bid Price (Bid Item No. 1): $ ` , 6 4 7 , I : (LUMP SUM) Bid Item No. 2 Bid Additive Alternate No.1: Building Demolition and Asbestos Abatement Provide price for demolition of the existing building and for the removal and disposal of all materials identified as Asbestos -Containing Material (ACM). Contractor shall employ a qualified Florida -licensed Asbestos Consultant, who shall be responsible for conducting an asbestos survey, developing an operation and maintenance plan, monitoring and evaluating asbestos abatement, and preparing asbestos abatement specifications. Contractor shall employ a qualified Florida -licensed Asbestos Contractor approved by Miami - Dade County Department of Permitting Environment and Regulatory Affairs (PERA), who shall be responsible for conducting asbestos abatement work in accordance with the asbestos abatement specifications developed by the Asbestos Consultant. Contractor shall comply with all required permitting by PERA for the removal and disposal of Asbestos Materials. Contractor shall obtain and pay for all asbestos consultant fees, asbestos contractor work and all asbestos removal permits which are non-refundable expenses to the contractor. Bid Additive Alternate No. 1 (Bid Item No. 2): $ ' �`1, 4 G 6 (LUMP SUM) Bid Item No, 3 Bid Additive Alternate No, 2: Construction of New Waterfront Plaza Provide price for the construction of a new waterfront plaza as indicated in Phase 2 of sheet PH-1.0. Contractor shall pay for all components of construction of the new waterfront plaza as defined in Sheets A- 1.0, A-1.2, A-1.3, C-2, C-3, C-7., SWPPP-2, IR-1.1, L-1.1 and TD-1,1., and all applicable specification sectionsas described in the Project Manual dated June 4, 2012. Bid Additive Alternate No. 2 (Bid Item No. 3): Bid .Item No. 4 *Allowance for Permit Fees Costs are for actual City of Miami permits only TOTAL LUMP SUM BID AMOUNT: $ (LUMP SUM) 52,308 (LUMP SUM) $ .a,qG©I 0 '3 (Addition of Bid Item JNo's 1, 2, 3 and{4) ( t (LUMP SUM BID TOTAL)O 1 �'f e p H l l 1 O Yl Et yy �l"f I �1� (e 4 S l X-i-t ..�YLf]UScknet I,�..k( c�,v�<+t. J i( alai) Tetal Lump Sum Bid Written Amount *This amount is to be utilized strictly for the Contractor's Permit Fees reimbursements. Any moneys remaining from this allowance account will in no event be utilized for other purposes. 80 New Dinner Key Marina Dockmaster Building Bid No,: 11-12-032 BID FORM (Page 3 of 8) DIRECTIONS: COMPLETE PART 1 OR PART 1, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part l: 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 June 7, 2012 June 15, 2012 June 22, 2012 June 29, 2012 Part II: No addendum was received in connection with this Bid. Part Ill; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Affirmative Action Plan Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy: and 2. First Source Hiring Bidder certifies that it has read and understood the provisions of City of Miami Ordinance Section 18-110, pertaining to the implementation of a "First Source Hiring Agreement". Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a consideration in the award of a contract. 3. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and 4. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 81 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 BID FORM (Page 3(a) of 8) Addendum No.12 Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid. This page is a supplement to page 3 of 8 included in the bid document under Section 4 "Bid Form" and must be included with your bid submittal: Addendum No. 6, Dated June 29, 2012 Addendum No. 6, Dated July 10, 2012 Addendum No. 7, Dated July 10, 2012 Addendum No. 8, Dated July 13, 2012 Addendum No. 9, Dated Addendum No. 1 0, Dated Addendum No. 11,Dated Addendum No. 12,Dated July 27, 2012 August 2, 2012 August 7, 2012 August 8, 2012 New Dinner Key Marina Dockmaster Building Addendum 12 ITB 11-12-032 CITY OF MIAMI Capital Improvements Program NO.:11-12-032 New Dinner Key Marina Dookmaster Building, B.60464 ADDENDUM NO.1 June 7, 2012 TO ALL PROSPECTIVE BIODERS:. The following changes i revisions, additions. Clarificatiens, and deletions amend the above -captioned. Oid/Contract documents., andshall become an integral part elth4-Invitatton to Oidresponses ancl.the subsequent Contract Please note the contents. herein arid: affix sama_to.the- documents you haw on handl Reqttest for information Qi. •kegeding the LEED requirements for this project, our question is whether or' not It would acceptable AND respOnshr,e tO $110cOritrabt the services Of a LEED Accredited Froiopsionai moivy to fulfill the LEK) Mintrialm requirements stated On the ITB? Our experishce has shown that other municipalities With similar or eXact LEED requirements fave accepted the subcontracting of LEED Accredited Professional agencies io fulfill the LEED Minimum Requirements. Al. Yes, as. long as the LEEO Accredited PrOfesSion.al is listed as a sub -consultant oft the prospective Oirrider's Subcontractor Utilization Folin (Form -SU) and included with; thebid. The dMdual mOst be identified andafl toilOit0 docvitlohtati66.• as Stated in the bid dodliment prdvided. 02. Will there•he any wage prevailing requirements for this Project? A2, Na THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTAcT 'OCtJM NTS..AND -SHALL BE MADE A PART THEREOF. Jew ez, P.E,Asitt Direbior Cap' oVernOrp 9rarn Thift Addarldimi ShOufct i4e signed and dated by the Bidder.a.rd SulDmitt6d as proof eif rcijti.iiiffith6-sOrilissiba Of bids, The -Bidder. by IdOiifying Ike Addend(iM nurribrin their Bid proposat and by signln and stibMisSion--Of fheir.b4 shall serve as profof receipt Otis AddOtiduM,.. NAME OF FIRM": THOM STRUCTIONCO.,INC, SIGNATURE: \.) DATE: AUG 1 3 2012 CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO.2 June 15, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. Request for Information Q7. On page A-2.3 there appears to be a window at the Dockmaster Room # 325 that is not labeled. Could you please specify the window type that is to be installed at this location? Al, Provide interior storefront window type similar to 87 shown on A-10,2a. Framesize shall be 3'-6" W x 5'-2" H, with sill height set at 3'-5" a.f.f. Glazing type shall be Type iCFT. Q2. On page A-1Q.1 there is a Window Type 2 that appears on the window schedule but could not be found on the plans. Could you please specify if this window is to be installed on this project and if so, please specify the location? A2. Window Type.2 ha :,. een:tleldfe*'from the project. Q3. On pages A-2.4 and A-2.5 the Louvers L3 & L6 are shown at the same locations on the roof plan and the enlarged roof plan. There is a note on the Legend on both pages which states that Wall Louver L6 is to be installed as Attic Exhaust. Please advise as to which louver type pertains to this location? A3. Provide Louver L3 at locations shown on A-2.4. Louver tag on A-2.5 should read 1_3, not L6. Q4. On page A-10.2 there is a Louver Type L2 that appears on the Louver Schedule but cannot be found on the plans. Please advise if this Louver Type is to be installed and if so, please specify the location? A4. Louver type L2 location is shown on Sheet A-2.3, above center window type W3 in Conference Room 314. It is also shown on Sheet M-2.3. Q5. There appears to be 2 different types of shower heads shown for the same locations on the plans. Pa A-8.Q shows Type S shower heads to be installed in the Men's HC shower and in all of the Women's Shower Stalls. On page A-8.2 the Women's stalls are calling out for a Type R shower head. Please specify which shower head is the correct one for the Women's stalls? Q5. There appears to be 2 different types of shower heads shown for the same locations on the plans. Pa A-8.0 shows Type S shower heads to be installed In the Men's HC shower and in all of the Women's Shower Stalls. On page A-8.2 the Women's stalls are calling out for a Type R shower head. Please specify which shower head is the correct one for the Women's stalls? A5. Type S shower heads. (with hand held adjustable wand) shall be provided only at WC stalls (men's and women's). All shower heads at non -accessible locations shall be type R. Q6. On page A-10.0 the Door Schedule appears to have two different door types (A & E) for the Ice Storage Rm#208. Please specify which Door Type is to be installed at this location? A6, Door # 208 for Ice Storage Room shall be type E (full louver), THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCU 'ENTS AND SHALL BE MADE A PART THEREOF. Jeov-n Rci pguez, P. `., A ssitant Director capita/mprements r•• ram This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM; SIGNATURE; DATE: ThORNFOH CONSIRUCTI ON CO., I NC, AUG I J 2012 New Dinner Key Marina Dockmaster Building Page 2 Addendum 2 ITB No, I1-12-032 CITY OF MIAMI Capital improvements Program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO.3 June 22, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Sid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract, Please note the contents herein and affix same to the documents you have on hand. Extension of Bid Due Date The original bid due date of Monday, July 9th, 2012 at 2:00 pm, has been changed. The new date is Wednesday, July tith, 2012 at 2;00 pm. Revision to Bid Documents The Minimum Requirements have been revised (in bold) as follows: Minimum Requirements: "Prospective Bidder. shall hold a current active certified license as a General Contractor or Building Contractor from the State of Florida and must have a minimum of five (5) years experience under its current business name, in the construction of similar projects including five (5) separate project references as the Prime Contractor for Completed Projects of similar size, scope, and complexity, within the past five (5) years. In addition, the five (5) completed project references must be for either an addition to an existing commercial or institutional building of at least 10,000 sf.; or construction of new commercial or institutional buildings of at least 10,000 sf." Request for Information - Pre -Bid Meeting - June 18, 2012 Clarification The email address for the City Clerks Office is marcia(a7miamiuov.com, Please copy the clerk's office on all RFI's. Q1. Will the fees for certifying the Dockmaster Building as LEED be paid for by the City? Al. The registration.feesassociated with the final certification of the Dockmaster Building as LEED accredited by the Commissioning Authority will be paid by the City, All costs involving the preparation and submittal of documentation to the Commissioning Authority by the LEED accredited professional on the contractor's staff shall be included in Bid Item No. 1 "Lump Sum Base Bid", of the Project bid form, Refer to Section 3 "Supplemental Terms and Conditions" Article 2, "Leadership in Energy and Environment Design / LEED Certification", for further information. Q2. Are all required forms contained in the bid document? A2. No;:_ The Subcontractor Utilization Form posted on the CIP webpage for this project must be completed and submitted with the bid, Q3. Under Section 5 "Supplement to Bid Form - "Questionnaire", there is a section called Customer Reference fisting". Are these references in addition to the five (5) reference letters and is this list required with the bid submittal? A3. This section states that the bidder may furnish additional references; therefore, it is not mandatory. However, information which demonstrates that the bidder has a good project track record is beneficial to both the City and the bidder. Yes, these are in addition to the five required reference letters. Q4, Is insurance or qualification of surety required with the bid submittal? A4. All insurance needs to be submitted once the contract is awarded, not prior. The bidder must complete Article 7 "Insurance and Bond Information" of the Questionnaire as part of their bid submittal. Request For Information Q5. Are there any Federal funds involved in this project? A5. Yes, Q6. Please confirm it is acceptable to include interior build out/renovations as a part of the experience requirements? A6. The project references must be of similar size, scope and complexity as outlined in the Dinner Key Marina Dockmaster Buildings scope and meet the minimum requirements. Projects should include as many comparable construction elements as possible. Refer to this Addendum for revised reference letter requirements. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT TS AND SHALL BE MADE A PART THEREOF. Jeovanny`R. . igu=(, P.E., As ' - t Director Capital Im'ravements Progr This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRIvi;: SIGNATURE: DATE: AUG 13 2012 New Dinner Key Marina Dockmaster Building Page 2 Addendum 3 1[TI3 No. 1.1- l 2-032 CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO.4 June 29, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. Revisions to the Bid document: The documents listed below replace the originals posted on the CIF website on June 4, 2012 This Addendum consists of 2 pages and the following attachments which are posted on the CIP website. A. SPECIFICATION 05120 - Structural Steel B. SPECIFICATION 10210 - Fixed Wall Louvers C. DRAWING PH-1.0 - Phasing Plan D. DRAWING S-1,01 - Structural Notes E, DRAWING S-1.03 - Structural Inspection Plan F. DRAWING S-2.40 - Roof Framing Plan G. DRAWING S-6,01 - Steel Details H. DRAWING M-2,4 - Roof Level HVAC Plan I. DRAWING M-6.4 - Mechanical Details CHANGES TO THE PROJECT MANUAL 1. SECTION 05120 - STRUCTURAL STEEL: a. Revised section "2.02,F - Connections" to indicate required finish of all structural steel weld connections at exposed locations. 2. SECTION 10210 - FIXED WALL LOUVERS: Revised entire section. Salient revisions as follows: a. Expanded section "1,03.B Performance Testing Requirements' to include testing requirements for compliance with FBC-TPHVHZ. b. Revised section "2.03 Wall Louvers and Louver/Damper Assemblies" to include two different types of Wall Louvers (Basis of Design) for concurrence with those already shown on Architectural and Mechanical drawings, c. Revised section "2.05 Accessories" to include miscellaneous metal components as per revised Wall Louver types, New Dinner Key Marine Dockmaster Building, B•60464 ADDENDUM No. 4 iB No, 11-12-032 CHANGES TO THE DRAWINGS 1. DRAWING PH-1,0 - Phasing Plan - Permit Rev 4 - Addendum 4 - 04/30/12 a. Revised General Note 3 to indicate that referenced utility connections are not limited to watermain and sewer connections. b. Revised note 9 to make reference to required Asbestos Removal before demolition of existing Dookmaster Building, c. Cleaned up graphics on both Phase 1 and Phase 2 drawings. 2. DRAWING S-1,01 - Structural Notes - Permit Rev 4 - Addendum 4 - 04/30/12 a. Added general note # 4 under Reinforced Concrete section to indicate that specified concrete waterproofing admixture per 03300.2.04,,J is only required for pile caps and elevator pit walls, 3, DRAWING S-1.03 - Structural Inspection Plan - Permit Rev 4 - Addendum 4 - 04/30/12 a. Revised various general notes (see clouded revisions) for concurrence with NE response to BID RFI # 11, question # 12, regarding responsibility for testing and inspections. 4. DRAWING S-2.40 - Roof Framing Plan - Permit Rev 4 - Addendum 4 - 04/30/12 a. Added "High Roof Outlooker Framing Detail" to include 2-1/2" x 2-1/2" x 1/4" metal tubing @ 12" o.c. over the pergola outriggers to match architectural drawings which already show those members, 5. DRAWING S-6.01 - Steel Details - Permit Rev 4 - Addendum 4 - 04/30/12 a, Added various notes (see clouded revisions) to indicate required finish of all structural steel weld connections at exposed locations. b. Revised Detail 6 to include 2-1/2" x 2-1/2" x 114" metal tubing @ 12" o.c. over the pergola outriggers to match architectural drawings which already show those members. 6. DRAWING M-2,4 - Roof Level HVAC Plan - Permit Rev 3 - Addendum 4 - 03/09/12 a. Revised to show a motorized damper at the QA entrance to each of the units RTU-1 & 2 which now correlates to the sequence of operation shown on M-5.1. This change is required to address City of Miami Building Department Mechanical comment# 40120 dated 1/30/12. 7. DRAWING M-6.4 - Mechanical Details - Permit Rev 3 - Addendum 4 - 03/09/12 a. Revised to include pipe penetration Firestopping details to satisfy CM mechanical reviewer comment# 40260 dated 1/30/12. NO OTHER CHANGES ARE REQUIRED. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME EXCEPT AS PREVIOUSLY AMENDED. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT OCUMENTS AND SHALL BE MADE A PART THEREOF. Albert Sosg,P.E., Director Capital Improvements Program This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. New Dinner Key Marina Dockmaster Building, B-60464 NAME OF FIRM: SIGNATURE: DATE iliORNTON CONSTRUCTION CO., INC, UG132m2 ADDENDUM No. 4 'TB No. 11-12-032 CITY OF MJAM1 Capital Improvements program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO.6 June 29, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract, Please note the contents herein and affix same to the documents you have on hand. Extension of Bid Due Date The bid due date of Wednesday, July 111h, 2012 at 2:00 pm., has changed. The new Bid Opening Date is Wednesday, July 1 t3th, 2012 at 3:00 pm. Revisions of Minimum Requirements The Minimum Requirements have been revised (in bold) as follows: Minimum Requirements: 'Prospective Bidder shall hold a current active certified license as a General Contractor or Building Contractor from the State of Florida and must have a minimum of five (5) years experience under its current business name, in the construction of similar projects including a minimum of three (3) to maximum of five (5) five-(5) separate project references as the Prime Contractor for Completed Projects of similar size, scope, and complexity, within the past five (5) years. In .addition, ,the throe (3) or more five—(5)completed project references must be For either an • addition to an existing commercial or institutional building of at least 10,000 sf.; or construction of new commercial or institutional buildings of at least 10,000.sf," Request for Information - Revisions Q1. 02221, 3.01 Indicates to use Hauling routes identified by the Consultant. For bidding purposes, please identify designated routes. A.1 02221.3.01 shall be revised as follows: "Mauling of all construction, debris and demolition material as well as all vehicle access to the construction site shall be made only thru S.W, 27th Avenue. Contractor shall obtain all necessary regulatory permits for hauling, Including Maintenance of Traffic permits, as required, The Contractor shall make reasonable efforts not to damage existing paving, walks or other areas within the limits of construction or along haul routes. if, in the opinion of the Consultant, such areas are damaged due to Contractor's negligence, carelessness, or use of haul routes other than approved, the Contractor shall be responsible for the restoration of such areas at no expense to the City prior to the termination of this contract. Further, the Contractor shall visit the site and familiarize Q17. Project Specifications for the Seamless Aluminum Roofing No. 07411; Section 1.09 WARRANTIES sub paragraph 1: Weather tightness Warranty; " Warranty shall clearly state that the design wind speed will not limit weather tight and blow off protection up to that wind speed". This requirement is not part of the standard manufacturer's warranty, and the manufacturers are refusing to issue a warranty that includes this requirement, Please advise. A17. All warranty requirements in Section 07411 can be met by specified Basis -of -Design manufacturer (IMETCO), Manufacturers not listed as the Basis -of -Design are subject to full compliance of all specification requirements. Substitutions will only be considered after the award of the Contract in accordance with Subsection 48 "Substitutions" (pg. 42) of the General Terms and Conditions (Front End documents, Section 2), Further, all requests for approval of substitutions must be submitted through the manufacturer's certified roofing contractor, as per 07411.2,02.C,3,a (2), THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. Albert 6sa,1 Ef'., Director Capital Improvements Program This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids, The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM: N OR TQNCQ4STRUC11QHCO,ENC, SIGNATURE: ) DATE: AUG 13 2012 New Dinner Key Marina Dockmaster Building ITB 11-12.032 Addendum No. 5 Page 5 CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO.6 July 10, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. Changes to the Project Manual 1. SECTION 07411 - PRE -FORMED METAL ROOF PANELS: a. Revised Section "2.02.0 - Acceptable Manufacturers" to reiterate and clarify product substitution requirements. Request for Information Q1. The Project Specifications for the Seamless Aluminum Roofing No, 07411 as currently written, limits the manufacturers that are able to meet the requirements to IMETCO I GARLAND. This requirement makes the specification a "Sole Source" which in addition to limiting competition would also triple the cost of the Seamless Aluminum Roofing. A request for substitution after award is not an option, because there are no acceptable equals under the specs as currently written. Please advise us how to proceed. Al. Refer to revised Section "07411 Pre -Formed Metal Roof Panels" of the project manual which is posted on the CIP website as part of this Addendum. Q2. Light fixture schedule on sheet # E0,0 indicates light fixtures type P, SA & SB to be mounted on a pole. However the specifications for the pole could not be located. Please provide. A2. Light fixture type P pole shall be "Sternberg #450t4-14". Light fixture types SA/SB poles shall be "United Lighting Standard (ULS) #SSA-6253". Q3. Specifications Book Section 10290 refers to Bird Control Devices and calls for the installation of spiked devices. In the drawings the only reference we have seen is at the top of the round concrete columns, the drawings clearly show these receiving a fiberglass pile cap. Please advise us how to proceed in the conflict and describe any other areas where these Devices are to be installed. A3. Bird Control Devices shall be installed at all exposed or protected ledges where birds may loaf, roost or nest; including but not limited to exposed concrete beam horizontal surfaces as indicated on notes on A-7.0. None are required on top of fiberglass piling caps. Q4. Is the existing Dockmaster building CBS or Solid Concrete, (le. Walls, Floors, Ceilings, etc,)? A4. Please refer to Section 2.0 Building Description on EE&G's — Pre -Demolition Asbestos Survey dated April 5, 2012, for general description of existing Dockmaster building construction. Q5. Note # 3 on sheet # E4.3 indicates to eliminate the existing "city" dry type transformer. However If this step down transformer is removed, please advise from where we re -feed the existing meter can with 208 volts again. A5, Dwg E-4.3, Scope of Work Key Note #3 shall be revised to read: "Existing dry type transformer to remain in place and undisturbed." Q. Plan A-2.5 shows "ENLARGED FRAMING PLAN/STEEL PERGOLA" With HSS 4" x 4" x 114" @ 12" o.c. Please confirm the 2 1/2" x 2 112" x 1/4" replace HSS 4 "x 4" x 1I4" @ 12" o.c. A6. Ceinfirmed. The HSS 2-1/2" x 2-1/2" x 1/4" @ 12"o.c. replace the HSS 4 "x 4" x 1/4" @ 12" o.c. shown on A-2.5. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUM THEREOF. '9 TS AND SHALL BE MADE A PART Jeovanny ' +`dri1'-z, RE, -sitant Director Capital tm„j •ve,wants Pro & :m This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM: SIGNATURE: DATE: THORNTON CONSTRUCTION CO., !NC. AUG 13 2012 Dinner Key [v[arina New Doekmaster Building Page 2 Ad dead= No. 6 [TB No,11-12.032 CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO.7 July 10, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract, Please note the contents herein and affix same to the documents you have on hand. Reference Letter form for LEED Accredited Professional A new City of Miami Reference Letter form has been posted on the CEP website as part of this Addendum. Bidders must submit this form as part of the required documentation for this individual. There must be a reference letter completed and signed from both the project owner and design firm, THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT Ds'CUMENTAND SHALL BE MADE A PART THEREOF. Jeovsnn/odr'• ez, P,E., ant Director Capital I prov. ants Pro. This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the s! omission of bids. The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum, NAME OF FIRM: SIGNATURE: DATE: THORNTON CONSTRUCTION CO,, INC. AUG 13 '2GT2 New Dinner Key Marina Dockmaster Building Addendum 7 ITB 11-12-032 Page 1 * MT iiF111 �1� CITY OF MIAMI Capital Improvements Program BID NO.: 11-12.032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO.8 July 13, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the invitation to Bid responses and the subsequent Contract, Please note the contents herein and affix same to the documents you have on hand. Extension of Bid Opening Date The current bid due date of Wednesday, July 18l'', 2012 at 3:00 p,m., has changed. The new bid due date has been extended to Wednesday, August 19{, 2012 at 2:00 p.m. Request for information 01. There are 4 lockers at the Breakroom (Rooni # 311). Please advise how many tiers these 4 lockers are to be. Al. Provide four (4) tier lockers for all units in Breakroom # 311. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. C Albert'Sosa, P.E., Director Capital Improvements Program This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids, The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum, NAME OF FIRM; SIGNATURE: DATE: MORON CONSTRUCTI N CO., INC. New Dinner Key Marina Dockmaster Building Addendum 8 lTB 11-12-032 Page 1 CITY OF MIAMI Capital improvements Program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO. 9 July 27, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. Fourth Extension of Bid Opening Date The current bid due date of Wednesday August 1st, 2012 at 2:00 p.m., has changed. The new bid due date has been extended to Monday, August 13, 2012 at 3:00 p.m. A. CHANGES TO THE PROJECT MANUAL The revised Sections below have been posted with this Addendum. 1. SECTION 02784 - Precast Concrete Pavers a. Revised section "1.03.D - Samples" to indicate submittal requirements for paver samples, b. Revised section "2.01 - Manufacturers" to include Basis of Design manufacturer as Hanover Architectural Products, Inc. c. Revised section "2.03.B - Concrete Paver Units" by adding pavers type categories 2a, 4 and 5; and to provide colors and blend ratios and finish for all types of precast concrete paver for areas shown on sheet A-1.3 (Revision 5 - 07/24/12, Addendum 9). d. Revised other sections where colors are called to "be selected by Consultant" and inserted color selection. e. Revised section "3,05 - Installation - Pavers on Sand Bed" to include new types 2a, 4 and 5. CHANGES TO THE DRAWINGS The revised drawing sheets have been posted with this Addendum. 1. COVER SHEET a. Revised to show Revision 5 - Addendum 9 and addition of New Sheet A-1.4 - Plaza Paver Layout Plan. New Dinner Key Marina Dockmaster Building Addendum No, 9 [TB 11-12-032 Page 1 A3, Refer to revised specification section 02784, sheet A-1.3 and new sheet A-1,4 (Plaza Paver Layout Plan) issued under this Addendum. Q4. Drawing FP-1.1 indicates that a portion of the 6" underground fire main line is routed beneath three (3) Parking Spaces. Drawing A1.3 confirms that the fire line runs under green/landscape areas and pavement areas. Drawing C-3 confirms the presence of pavement. On Drawing FP-1.1, there is a note that states, "Sleeve 6" F Line Underground In A Min. of 10" SCD. 80 Black Steel Pipe While Line Is Underground. Steel Gaps At Both Ends (TYP)". Does the term "Typrrca!" only apply to installation of sleeves for fire line routed only beneath pavement areas (Example: Node 100 — 101), or should the sleeve be included in green/landscape areas as well? Please clarify the exact quantity or location of where the sleeves should be installed. A4. Refer to Al In this Addendum. Q5. Page 3 of 8 of the Bid Form (page 81 of 107 of the Bid Contract Documents) only acknowledges Addendums No. 1 - 4, Please provide a revised Bid form to acknowledge all issued Addenda so the bidders can be responsive. A5. A supplemental page to the existing page referenced above has been posted with this Addendum for usage with your bid submittal. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRAC DOCU . ENTS AND SHALL BE MADE A PART THEREOF. Je, v.� r�ny:driguez P Assistant Director Cal Im�ovement• ' ogram This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by identifying the Addendum number In !heir Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM: SIGNATURE: DATE: THORNTON CONSTRUCTION CO,, INC. N� AUG 13 2042 New Dinner Key Martha Docktnasier Building Addendum No, 9 ITB 11-12-032 Page 3 CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO. 10 August 2, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. PLEASE READ THOROUGHLY. THERE ARE IMPORTANT CHANGES TO THE BID DOCUMENTS BELOW. *Effective immediately and pursuant to City Code Section 18-88, all Prospective Bidders must adhere to the following requirements per Ordinance 13331 and 13332. A copy of both Ordinances are included as part of this Addendum. A. Pursuant to Section 1 — Instructions for Submission, Articles 16, 17, 18: The Local, Small and Disadvantaged Firm Participation, First Source Hiring Agreements, and Local Sub Contractor and Small Business Participation Reporting clauses have been deleted and replaced as follows: 16. Local, Small, and Disadvantaged Firm Participation The City strongly encourages Contractors to secure the participation of small busine-ses, Community hat are currently registered with and/or certified by other governmental agencies within Florida, such as under programs in effect for the Florida Department of Trarropartation, Miami -Dade -or Breward-Counties, an4 the Miami Dade County Public Schools. Similarly, the City also strongly encourages Contractors to 17. First Source Hiring Agreements Section 18 110 of the City Code states: c; .ices and/or receipt_ of grants and e s for p etc of a nature that er ate new jobs, the , ur[w hearing. shall have the following mnanings- New Dinner Key Marina Dockmaster Building Addendum 10 ITB 11-12-032 Page 1 Request for Information Q1. Additive alternate # 2 on the bid form indicates to provide price for the new waterfront plaza as indicated in Phase 2 of sheet PH1.0. However the construction of the speed table is also indicated in Phase 2 of sheet PH1,0. Please advise if we should include the price for the entire scope of work for Phase 2 (speed table + waterfront plaza) or if it is the price for the waterfront plaza only, Al. Construction of Speed Table has been changed to Phase 1 on revised sheet PH-1.0 (PERMIT REV 6 — Addendum 10) dated 8/2/12, As such, costs for construction of the Speed Table shall be included in Bid Item No. 1 (Lump Sum Base Bid). Price for "'Sid Item No, 3 Bid Additive Alternate No. 2: Construction of New Waterfront Plaza"' shall include costs far all items in Phase 2 indicated on revised PH-1.0. Q2. Please verify the column schedule on S-4.21? We have 4 columns sharing the same spot and they are different heights. Columns C-2 and D-2 are shown at 48'-6" (4th column) and 44'-10°'(5th column) on the schedule (see inserted Images). Also we have no measurement for B-2 and E-2, We believe this is where the problem is. A2. Columns C-2 and D-2, with a top of column elevation of -48'-6" should read, "B-2 and E-2." Q3. Wood Doors 08211 Paragraph 2.03 Door Facings, A-2, Species and Cut to be selected, Has a finished been selected? Will they be similar to the Steel doors and frames found in 08110? Our obvious concern is pricing for the bid, if we submit a larger manufacture selection, it will be relatively more in price. A3. Basis of Design for Wood Door Facings: Plain Sliced Red Oak, Color # 925, by Assa Abloy Graham (www.nrahamdoors.com) or equal. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT ©OCUME TS AND SHALL BE MADE A PART THEREOF. Jeovann "odf+uez, P. - Assistant Director Capital pro ements P ram This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids, The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. THORVON CONSINCIPN CO., INC. NAME OF FIRM: SIGNATURE: DATE: A1iG 13 2012 New Dinner Key Marina Dockmaster Building Addendum 10 1TB 11-12-032 Page 4 CITY OF MIAMI Capital Improvements Program BID NO,: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO, 11 August 7, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. Note: Below is a link to the Miami -Dade County website where Bidders can view the current listing of certified CSBE contractors by trade. City Ordinance 13331 applies to the CSBE Program for certification purposes, not wages. http:llnew.miamidade.govlbusinessibusiness-certification-programs.asp Please read this Addendum thoroughly as there have been changes to the project drawings and project specifications. This Addendum contains the following attachments which are posted on the CIP website: A. SPECIFICATION 10800 - Toilet Accessories B. COVER SHEET C. DRAWING PH-1.0 - Phasing Plan D, DRAWING L-1.1 - Landscape Plan E. DRAWING TD-1.1 - Tree Disposition Plan F. DRAWING A-8.0 - Enlarged Restroom Plans G. DRAWING A-8,1 - Men's Restrooms - Interior Elevations H. DRAWING A-8.2 - Women's Restrooms Interior Elevations I. DRAWING A-13.0 - Signage Details CHANGES TO THE PROJECT MANUAL 1. SECTION 10;300 - TOILET ACQESSORIES: a. Added section "2.05.E - Wall Mounted Folding Seat - Type 1" providing specification for folding seats called out as Item "U" on revised drawings A-8.0, A-8.1, A-8.2 (Permit Rev. 6 - Addendum 11), b. Added section "2.05.F - Wall Mounted Folding Seat - Type 2" providing specification for folding seats called out as Item "V' on revised drawings A-8.0, A-8.1, A-8.2 (Permit Rev. 6 -Addendum 11). New Dinner Key Marina Do ckmaster Building Addendum 11 ITB 11-12-032 Page 1 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 appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725,06 and/or §725,08, Fla, Statues, as amended from time is -time -as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City, The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions, In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. Ten dollars ($'10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Contractor". THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CO TRAC DOCU : ENTS AND SHALL BE MADE A PART THEREOF. Jeova Capit , Assistant Director rogram This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids, The Bidder by identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. NAME OF FIRM: SIGNATURE: DATE: THORNTON CCNSTRUCT1 C .,1NC. AOG 1 ' 2012 New Dinner Key Marina Dockmaster Building Addendum 11 ITB 11-12-D32 Page 8 CITY OF MIAMI Capital Improvements Program BID NO.: 11-12-032 New Dinner Key Marina Dockmaster Building, B-60464 ADDENDUM NO. 12 August 8, 2012 TO: ALL PROSPECTIVE BIDDERS: The following changes, revisions, additions, clarifications, and deletions amend the above -captioned Bid/Contract documents, and shall become an integral part of the Invitation to Bid responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. REVISES BID FORMS Section 4 Bid Form, (Page 2 of S) Page 80, has been revised. Failure to submit the revised bid form will deem your bid non -responsive. Section 4, Bid Form, (Page 3 of 8) page 81, has been revised to include lines for acknowledgment of Addendums 11 and 12, The revised form must be submitted with your bid. Both forms are posted on the CIP webaite as part of this Addendum. Attached please find the original Sid Form showing the additions (in red) and deletions (strikethrough), THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENTS AND SHALL BE MADE A PART THEREOF. Albert i3'asa, P.E., Director Capital Improvements Program This Addendum should be signed and dated by the Bidder and submitted as proof of receipt with the submission of bids. The Bidder by Identifying the Addendum number in their Bid proposal and by signing and submission of their bid shall serve as proof of receipt of this Addendum. THORNTON CONSTRUCTION CO., INC. NAME OF FIRM: SIGNATURE: DATE: AU 13 2012 New Dinner Key Marina Doc&master Building Addendum 12 ITD 11-1Z-032 Page 1 BID FORM (Page 4 of 8) a(3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(1) through (6); and 5. Lobbving The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 82 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 BID FORM (Page v of 8) 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). 6. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 6.b of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 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. 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 sub contractors. 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. 83 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 BID FORM (Page.6 of 8) The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit Price Price Trench Box 6' x 8' LF Total $ $1,500 Extended . Method 100 $15 $1,500 Shoring Attached is a Bid Bond [X], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this Bid and certifies to the above stated in Part I I l and IV by signing and completing the spaces provided below. Firm's Name: Thornton Construction Company, Inc. Signature: Printed Name/Title: Thomas Thornton / President City/State/Zip: 4300 Biscayne Blvd. #207 Miami, FL 33137 Telephone No.: (305) 649-1995 Facsimile No.: (305) 649-1295 E-Mail Address: tom([thornton-inc.com; adriana@thornton-inc.com Social Security No. or Federal Dun and I.D. No.: 65-0838979 Bradstreet No.: 03-336-7330 If a partnership, names and addresses of partners: Not Applicable (if applicable) 84 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 BID FORM (Page 7 of 8) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of Thornton Construction Company, Inc. , a corporation organized and existing under the laws of the State of Florida , held on the 26 day of May ,1998 a resolution was duly passed and adopted authorizing (Name) Thomas Thornton as (Title) President of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of August , 20 12 Secretary: Print: Thomas Thornton CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the `day of , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: 85 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 BID FORM (Page 8 of 8). NOTARIZATION STATE OF Florida SS: COUNTY OF Miami -Dade ) The foregoing instrument was acknowledged before me this 13th day of August 20 12 , by. Thomas Thornton , who is personally known to me or who has produced If \fl as identification and who (did / did not) take an oath. SIGNATURE CrNOTARY PUBLIC STATE OF FL RIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC y.�p�Qpvp[$y� Marianela Perez ;9SCOMMISSION#EE202529 hr. WEXPIRES; MAY 29 2016 WWW.AARONNOTARY.com 86 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida County of Dade City of Miami ) SS KNOWN ALL PERSONS BY THESE PRESENTS, that Thornton Construction Company, Inc. as Principal, Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto The City of Miami, in the penal sum of Five Percent of Amount Bid Dollars ($ 5% ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated July 9 New Dinner Key Marina Dockmaster Building B-60464, Bid No.: 11-12-032 NOW THEREFORE: 2012 , for: (a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after date of opening the same, and shall within ten (10) clays after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) in the event if the withdrawal of said Bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue, New Dinner Key Marina Dockmaster Building 87 Bid No.: 11-12-032 New Dinner Key Marina Dockmaster Building BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 9th day of July , A. D., 2012 _, the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal) By: As per Attached Power of Attorney By: Surety Secretary (Signature of Authorized Officer) Charles J. Nielson Attorney -in -Fact (Title) One Tower Square (Business Address) Hartford, CT 06183 City 88 PRINCIPAL: Thornton Construction Company, Inc. (Nam .of Firm) (Signal e of uthorized officer) Thomas Thornton Presirit_ (Title) 4300 Biscyne Blvd, Suite 207 (Business Address) Miami, FL 33137 Affix Seal City State Zip Surety: Travelers Casualty and Surety Company of ,,(Corporate Surety) rica ffix Seal State Zip Bid No.: 11-12-032 BID BOND FORM (Page.3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL i, 1'n w.t 51 TkuprvA vvv , certify that i am the Secretary of the Corporation named as Principal in the within bond; that lbgena Evkiaa.. of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. STATE OF Florida COUNTY OF Dade City OF Miami ) SS (Corporate Seal) Before me, a Notary Public duly commissioned, and qualified, personally appeared Charles 1 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 lam tar Surety Company of America and that he/she has been authorized by Surety Company of America 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 9th day of July A. 11,2012 INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders Notary Public, :`tafe of Florida at Large Kristi Messel My Commission Expires: November 14`2013 New Dinner Key Marina Dockmaster Building 89 Bid No.: 11-12-032 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paid Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222181 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004602226 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, David R. Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley of the City of Miami Lakes , State of Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 20th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and that, corporate seals to be hereto affixed, this day of October2011 Farmington Casualty Company Fidelity and Guaranty.losurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ce President On this the 20th day of October 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 5B440.6-11Printed in U.S.A. C , Marie C. Tetreault, Notary Public WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Require That The Bidder Submit Additional Information Not included In The Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days Of The City's Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business information 1. How many years has your company been in business under its current name and ownership? 14 Years a. Professional Licenses/Certifications (include name and number)* Issuance Date State of Florida CGC058425 State of Florida MBE (650838979-001) 7/14/2010 3/13/12 (*include active certifications of small or disadvantage business & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: January 18, 1996 D. Qualified Business License: ❑ YeC No If Yes, Date Issued: Not Applicable d. What is your primary business? General Contracting & Construction Management (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) e. Name of Qualifier, license number, and relationship to company: Thomas Thornton, President ; CGC058425 f. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company None 2. Name and Licenses of any prior companies Name of Company Not Applicable License No. Issuance Date 3. Type of Company: ❑Corporation ®°S" Corporation❑LLC❑Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 90 New Dinner Key Marina Dockrnaster Building Bid No.: 11-12-032 Company OwnershJp a. Identify all owners of the company Name Title % of ownership Thomas & Marte Thornton, TBE President (Thomas Thornton) 1 00% b. Is any owner identified above an owner in another company? D Yes aC No If yes, identify the name of the owner, other company names, and % ownership c. Identify all individuals authorized to sign for the company, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority Thomas Thornton President Felipe Laserna Project Manager All Cost No -Cost Other ❑ 0 ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Explanation for Other: (Note: 'All" refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information Total No. of Employees: 34 Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Laborers: 4 26 Carpenters: 4 How many employees are working under H2B visas? None 91 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: If yes, please explain: No Insurance & Bond Information a. Insurance Carrier name & address: Brown & Brown of Florida, Inc. 1201 W Cypress Rd #103, Ft. Lauderdale, FL 33310-5727 b. Insurance Contact Name, telephone, & e-mail: Shawn Burton 954-776-2222 ; sburton(7a,bbftlaud.com c. Insurance Experience Modification Rating (EMR): .91 (if no era rating please explain why) d. Number of Insurance Claims paid out in last 5 years & value: None e. Bond Carrier name & address: Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 f. Bond Carrier Contact Name, telephone, & e-mail: Joseph Nielson 305-722-2663 ; rpnielson@nielsonbonds.com g. Number of Bond Claims paid out in last 5 years & value: None 8. Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. Please see attached Thornton's litigation for the past 5 years. 9. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: No 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? ❑ Yes ® 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, NONE 92 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. Not Applicable Project Management & Subcontract Details Project Manager for this Project: a. Name: Felipe Laserna (see resume attached) b. Years with Company: 12 Years c Licenses/Certifications: LEED AP; Certified General Contractor; OSHA Certified d. Last 3 projects with the company including role, scope of work, & value of project: 1) American Airlines Facility: $5 Million; Project Executive; New Construction of 40,000 SF facility 2) LPI Building: $3 Million; Project Manager; New Construction of 4-story building 3) Baypoint Building: $2.8 Million; Project Manager; New Construction of 2-story building 2. Sub contractors: Name Trade Please see attached. % of Work License No. Certification* ("active certifications of small or disadvantage business & name of certifying entity) 3. Scope of actual construction work to be performed by your company and the corresponding percentage of the work: (This does not include such items as insurance = bonds, dumpsters, trailers, and other similar non -construction work items) Demolition: I % - Carpentry: 5% - General Construction: 8% C. Current and Prior Experience: PLEASE SEE ATTACHED CURRENT & PAST EXPERIENCE 1. Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such projects, including the owner's name, title and value of project, scope of work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the project) 2. Prior Projects of a similar size, scope and complexity: 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, 93 New Dinner Key Marina Dockmaster Building Bid No,: 11-12-032 projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder's References Bidders are to include five (5) references from completed projects listed in C.2 above. The attached reference letter form must be used and included with the Bid submission. The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. City Form SU must be submitted with your bid. The SU Form can be found posted on the webpage with the bid documents. 94 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 Project No. B- 60464 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Project Title: New Dinner Key Marina Dockmaster Building Sheet No. 1 or 2; 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 Certificationz CSBE z' DBE Type Number Stratego Const Group Sitework $307,925 7.68% 10767 SW 104 ST Miami, FL 33176 Cert. General Contra CGC1512930 I I 571Q Sod, Sand & Soil Landscaping $71,026 1.77% 28700 SW 157 Av Homestead, FL 33033 Vendor ID # isytlorida) 20.3079126001 in L i I Perfect Pavers of South Florida Concrete Pavers $50,598 1.26% 528 NW 1st Av Ft. Laud, FL 33301 Cert. Building Contra CBC017908 t t JLU Enterprise, Inc: Augercast Piles $63,705 1.59% 3360 NW 69 ST Miami, FL 33147 CerL General Contra CGC1519568 P1 1 I ]♦ Litecrete Metals $339,558 8.47% 6280 NW 186 ST Hialeah, FL 33015 Cert. General Contra CGC051889 I I I I Q 4th Generation Roofing & Sheet Metat Roofing $143,500 3.58% 11320 SW 208th Dr. Miami, FL 33189 Cert_ Roofing Contra CCC1328674 ! E n 1 I Pena -Alum Glass & Mirror \Mndows $163,500 4.08% 2250 NW 95th Av. Dora!, FL 33172 Glazing 131151117 I I Q 1 j All Square Acoustical $10,464 0.26% 1150 NE 103 St Miami Shores, FL 33138 Cert Acoustical Ceiling CCO7BS00316 l ! t I n Casino's Flooring, inc. Flooring $185,641 4.63% 13159 NW 42 Av, Opa Locke, FL 33054 Miarni-Dade Occupational 184701-2 I I 1111 Multiline Building Specialties Specialties $49,639 1.24% . 4651 SW 51 St #805 Davie, FL 33314 Broward Occupations 378-3154 I 1 0 ., ! f Baron Sign. Manufacturing Signage $11,999 0.30% 900 13th St Riviera Beach, FL 33404 Specialty electrical Comma. ET0000178 k l I I I I DAB Mechanical Plumbing $134,258 3.35% 1717 SW lst way, Deerfield Beach, FL 33441 Plumbing CFCO22549 Q I I f l n' i i E *All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. xxz Must be certified by either Miami -Dade County, State of Florida, or the Federal Government Form SU Project No. B- 60464 CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION Project Title: New Dinner Key Marina Dockmaster Building Sheet No. 2 of 2 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 AddresslGitylStatelZlp License Informatian Business SBE Certification"'"` CSBE DBE Number SofoArConditoning HVACType $172,200 4.29% 8451 NW 1st ST Miami, FL 33166 Celt Mechanical CMC008134 in I i I I f I Cardel Fire Protection, Inc. Fire Protection $55,100 1.37% 1430 NW 108th Av, Miami, FL 33172 Cert. Compt. Fire Protec 731447ogottses I I I ' I I Green Light Electric Systmes Electrical $536,420 13-.37%a 2285 W 76th St, Hialeah, FL 33016 Electrical Contractor EC13002370 I I 1 / I � t, + j J Mod Painting, Inc_ Painting $40,000 _98% 2561 W 80 St Hialeah, FL 33016 Cert_ Building Corot CBC0488.95 1 I I Max Services P Painting $20,000 .49% 6280 NW 186 ST Hialeah, FL 33015 Cart_ General Cont CGC15131a1{--� I I I f I I I Energy CastSotutions Group,LLC L LEED Consultant $22,200 _55% 3250 Mary St pas Miami, FL 33133 LEED Certified Not Applicable n 1 t I I 1 I I I II 1I II II I II I I' n I I II Ir II II II n 1I II II I I I I' I I * 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 I p TH ORNTO t World Electric Supply Inc. vs Mesa Brothers Inc (2008 Case Number (Local) 2008-43958-CA-01 Case Name (State) 13-2008-CA-043958-0000-01 Name of Project over which the dispute arose LPI Doral Office Building, Miami -Dade County, Florida. Description of subject matter World Electric Supply, Inc. ("World Electric") was a material supplier on the above project in which Thornton Construction Company, Inc. ("Thornton") was the general contractor. Owner of said project illegitimately failed to pay Thornton for the materials that World Electric provided. World Electric filed suit. Thornton paid World Electric out of pocket despite not having been paid by Owner. Final outcome / Current status Resolved/Settled Pena Alum Glass & Mirror vs Thornton Construction Co Inc. (2008 Case Number (Local) 2008-50143-CA-1 Case Name (State) 13-2008-CA-050143-0000-01 Name of Project over which the dispute arose LPI Doral Office Building, Miami -Dade County, Florida. Description of subject matter Pena -Alum Glass & Mirror ("Pena -Alum") was a subcontractor on the above project in which Thornton Construction Company, Inc. ("Thornton") was the general contractor. Owner of said project illegitimately failed to pay Thornton for the materials/labor that Pena -Alum provided. Pena -Alum filed suit. Thornton paid Pena -Alum out of pocket despite not having been paid by Owner. Final outcome / Current status Resolved/Settled Doors Inc vs Ohio Casualties Ins. Co (2008 Case Number (Local) 2008-29330-CA-01 Case Name (State) 13-2008-CA-029330-0000-01 Name of Project over which the dispute arose LPI Doral Office Building, Miami -Dade County, Florida Description of subject matter Doors, Inc. (Subcontractor) provided defective work and poor workmanship on the above project in which Thornton Construction Company, Inc. ("Thornton") was the general contractor. As a result, Owner, Architect and Thornton rejected Doors, Inc.'s work. Doors, Inc. filed suit to collect the money allegedly owed to Doors, Inc. ($21,810.20) Final outcome / Current status Resolved/Settled THORNTON Adelman Steel Corp. vs Thor Case Number (Local) 2008-54201-CA-01 Case Name (State) 13-2008-CA-054201-0000-01 Name of Project over which the dispute arose LPI Doral Office Building, Miami -Dade County, Florida. Description of subject matter Adelman Steel Corp. ("Adelman") was a subcontractor on a project in which Thornton Construction Company, Inc. ("Thornton") was the general contractor. Adelman failed to provide certain materials as required per the terms of the Subcontract with Thornton. Therefore, Thornton performed the work and back charged Adelman for the cost. . ($33,170.10) Final outcome Resolved/Settled Thornton Construction Compan Case Number (Local) 2008-65431-CA-08 Case Name (State) 13-2008-CA-065431-0000-01 Name of Project over which the dispute arose LPI Doral Office Building, Miami -Dade County, Florida Description of subject matter Thornton and LPI entered into a contract whereby Thornton, as general contractor, was to construct an office building for LPI. LPI failed to pay Thornton for Thornton's work. Thornton filed suit against LPI to collect the money owed. Final outcome / Current status Resolved/Settled P THORNTON Felipe Laserna, CGC, LEED AP Project Manager Felipe Laserna is a certified general contractor with over 15 years of experience managing governmental, commercial and medical facilities. He joined Thornton Construction early on and has managed over $100 million worth of projects involving construction during ongoing operations in high security, high liability surroundings. His experience includes managing sizeable projects at large facilities such as Miami International Airport, Fort Lauderdale -Hollywood Intl. Airport, Memorial Healthcare System, and Baptist Health South Florida. Felipe's experience ensures a project's performance, schedule and quality, thereby avoiding or minimizing delays. Noteworthy Project Experience Palm & Hibiscus Garages Fire System Fort Lauderdale -Hollywood Int'I. Airport (FLL) Installation of over 2 million LF of wet pipe sprinkler system on 11 stories of two parking garages. Terminal 2 BCAD Operations Conversion of 5,000 SF of staging area into Broward County Aviation Dept. offices in high security area on the Terminal 2 ramp at FLL. Broward County Public Works Lump Sum Contracts • Judge's Parking Lot. Demolition & rebuild into high security, privacy lot. 52,000 SF, 106 vehicles. • Government Center West AHU Valve Replacements • Government Center West Insulation Replacement • 2"d Avenue Archives Bldg. A/C Units Replacement • Sandblasting & Painting Aerators MIA North Terminal Development Program • 739F D-Extension • 745B B-C Infill • 739A C-D Infill Interior Finish • 737E C-D Infill Shell • AA Aircraft Maintenance 737G (E Terminal) • $16 Million American Airlines, MIA Tilt -up, one-story Early Baggage Storage Facility with new MEP, power, and conveyor systems. Construction during ongoing traffic and MOT. Included new circulation space. 40,000 SF. $5 million. Education • Professional Designation in Construction Management, University of California -Los Angeles, 2000 • B.S. in Civil Engineering, Javeriana University, Bogota, Colombia, 1998 Broward County Public Schools Renovation Upgrades totaling 3,450 SF at Whispering Pines, Paul Turner Elementary, and Embassy Creek Elementary Schools. South Dade Government Center 10,300 SF renovation on floors 1 & 2 of public services center and courthouse. Added courtroom, chambers and post -judgment area. $1.3 million. LPI Office Building, Doral, FL Ground -up construction of 40,250 SF, 4-story office building. $3.7 million. Memorial Healthcare System, Broward County. • Family Birthplace • Security Office Expansion ■ Legal Department Offices, Pembroke Pines, FL. • Outpatient Clinic ■ Psychiatric Assessment Center • Joe's Dugout Retail Center • 4th Floor Pediatric Heart • Liquid Oxygen Tank • Breast Center Renovation • Medical Vacuum Pump & Medical Air Compressor • Radiology Renovation Package ■ Operation Room AHU Replacement Baypoint Building — Department of Juvenile Justice New construction of a 2-story, 24,000 SF building. 11 multi -purpose rooms to accommodate over 200 people. Includes administrative offices, facilities storage rooms, computer/reading area, and improved landscaping. Professional Affiliations & Certificates • Florida Certified General Contractor, CGC 1516068 • LEED Accredited Professional • OSHA Certified T ORNTON NAME OF PROJECT/ LOCATION OWNER SCOPE CONTRACT OFFICER CONTACT INFO CONTRACT AMOUNT START DATE ESTIMATED COMPLETION % COMP- LETE # of Trades Personnel Assigned Various Various Job Order Contracts with Broward County Public Works Broward County, Florida Various upgrades and replacements Various $1,517,660 1/2011 Various ' Various VIZCAYA GLASS ROOF CANOPY REPLACEMENT PROJECT 3251 South Miami Avenue Miami, FL 33129 Vizcaya a Museum and Gardens Removal and replacement of the existingglass canopy PY and associted structural supports Leigh Hienlien South Miami Avenue Miami, FL 33129 305-250-9133 786-256-2237 $2,404,628 5/12 Estimated 9/12 60% . 8 TERMINAL 3 TERRAZZO & PODIUMS 200 Terminal Drive Ft. Lauderdale, FL 33315 Broward County, Florida Demo of existing flooring and installation of new terrazo. Renovation and relocation of all gate podiums in the hold rooms Alejandro Cuevas 100 Aviation Blvd Ft. Laudrdale, FL 33301 $1,211,497 6/12 Estimated 2/13 10% 6 elCU Equipment Replacement Baptist Health System Replacing and upgrading the existing remote ICU monitoring equipment for 32 Intensive Care Rooms. Jessica Barandian 8780 SW 92nd St Suite 211 Miami, FL 33176 786-596-7768 $108,986 12/11 Estimated 11/12 30% 2 4th Floor Obstretical/NICU O.R. 6200 SW 73rd St. South Miami, FL 33143 Baptist Health South Florida Renovate OB OR and replace air handling unit Luis Ramundo 786-662-4886 luisra@baptisthealth.net $667,000 Work Not Be gun g Estimated 11 12 / 0% TBD BHM Radiation Oncology786-586-8969 Baptist Health South Florida Linear Accelerator Replacement12/12 Robert McGill robertmc@baptishthealth.net $236,160 7/12 Estimated 25 0/0 3 New Dinner Key Marina Dockmaster Building Bid No. 11-12-032 Thornton Construction Company, Inc. Current Workload Page 93, Question C #1 IPT NAME OF PROJECT/ LOCATION SCOPE OWNER CONTRACT OFFICER CONTACT INFO # OF PERSONNEL ASSIGNED DELIVERY METHOD INITIAL VALUE FINAL COST PROJECTED TIMEFRAME FINAL TIMEFRAME SYLVESTER COMPREHENSIVE CANCER CENTER - MILLER SCHOOL OF MEDICINE MRI &Pediatric Oncolo gy) 1475 NW 12th Ave Miami, FL 33136 Building addition and renovation to existing space totaling over 15,000 SF. Also included an exterior courtyard. University of Miami Nick Blanco UM Project Manager 1400 NW 10th Avenue, Roof Garden Miami, FL331015/,12. 786-473-1426 n.blancol@umiami.edu 8 CM -at -Risk k $2,667,625.00 $3,210,000.00 * -, 240 days 240 days completed FAMILY BIRTH CENTER Memorial Regional HospitalCM-at-Risk Hollywood, Florida Renovation of existing 8th Floor patient wings and core area located in the North and South Towers of the Hospital. Memorial Healthcare System$5,296,034.00 Bert Wilder -Project Manager 3501 Johnson St. Hollywood, Fl. 33021 954-265-8678 bwilder@mhs.net 15 $5,296,034.00 - 245 days - - 245 days; completed 5/11 TERMINAL 2 BCAD OPERATIONS Fort Lauderdale - Hollywood International Airport 100 Terminal Drive Fort Lauderdale, FL 33315 This project is for the Interior Renovation of Delta Storage Area for g the new offices for BCAD Operations staff relocation. Broward , Florida Curtis Celestine Project Manager 100 Aviation Blvd Ft. Lauderdale, FL 33315 954-359-2590 ccelestine@broward.org 5 JOC Job Order Contract $617,202.45 $617,202.45 90 days 90 days; completed 2/12 AMERICAN AIRLINES EARLY BAGGAGE FACILITY at Miami Intl Airport New 40,000 SF tilt -up facility includin supporting365 g strage and circulation. Pre -construction services were also part of Thornton's work. American Airlines Carlos Cuervo Project Manager 1 Terminal B FL 4, Office A4270 Miami, FL 33299 305-870-3212 carlos.cuervo@aa.com 13 Design -Bid - Build $5,076,923.00 $5,076,923.00 365 days days; completed 2/10 NORTH TERMINAL DEVELOPMENT PROGRAM at Miami Int'l Airport Completed the building shell package of this 5-story concourse building, including structural, roofing, mechanical, plumbing, and electrical aspects. Parsons Odebrecht Joint Venture Maria Rios Project Manager 786-229-7598 Varied Design -Bid - Build $16,000,000.00 $16,000,000.00 365 days 365 days; completed 9/08m_rios@odebrecht.com DEPARTMENT OF JUVENILE JUSTICE BAYPOINT BUILDING Tallahassee, Florida New construction of a 2-story building totaling 24,500 SF. The building incorporated approximately 11 multi -purpose rooms in order to accommodate over 200 people. Restrooms, administrative offices, storage rooms, computer area, and improved landscaing were part of the scope. Department of Juvenile Justice Brad Suber 2737 Centerview Dr. Tallahassee, FL 33606 850-922-6148 bradley.suber@djj.state.fl.us 7 GC Low Bid Contract $2,834,414.00 $2,834,414.00 365 days i 365 days; completed 9/OS LPI Office BuildingLPI New construction of a 4-story, 40,250 SF office building.Involved full site development and a new parking lot. Realty This contact is no longer available. The property has been transferred to another owner. 8 Design -Bid- Build $3,650,830.00 $3,650,830.00 365 days 365 days; completed 8/08 * The difference in cost for the Sylvester Comprehensive Cancer center is due to owner -requested change orders to add scope. New Dinner Key Marina Dockmaster Building Bid No. 11-12-032 Thornton Construction Company, Inc. Major Projects Completed PRIOR EXPERIENCE; Page 93, Question C #2 SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 1) Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Contractor has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexity. 1. Company Name Address Contact Person Contract Amount Telephone No/Fax No 2. Company Name Address 891 E Commercial Blvd. Ft. Lauderdale, FL 33334 Contact Person John Greenman Contract Amount Various projects completed with him Telephone No/Fax No Memorial Healthcare 3501 Johnson St. Hollywood, FL 33021 Joseph Alcure Various projects completed with him 954-265-8670 Weingarten Realty 954-938-2583 3. Company Name Broward County Water and Wastewater Service Address 2555 West Copen Rd. Pompano Beach, FL 33069 Contact Person William Catlow Contract Amount Various projects completed with him Telephone No/Fax No 954-218-9205 4. Company Name Address Contact Person Contract Amount Telephone No/Fax No 5. Company Name Address Contact Person Contract Amount Department of Juvenile Justice 2737 Centerview Dr. Alexander Bldg. Tallahassee, FL 32399 William Gravely Various projects completed with him 850-921-7835 Miami -Dade College 1 101 1 SW 104th St. Miami, FL 33176 Anthony Walsh Various projects completed with him Telephone No/Fax No 305-237-0553 95 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 P` HoRri N Bay Point Building This project consisted of new CMU construction of a two-story 24,500 SF building with approximately 11 multipurpose rooms targeted to accommodate 225 people. The materials used had to match existing adjacent facilities, and special attention was given to vehicle and pedestrian traffic flow. The rooms offer shelf and storage space and include a wet sci- ence lab with electrical, plumbing and fume hood infrastructure. Bathrooms are independent. A computer room was built with a quiet area for reading. The project included offices for teachers and administrative staff. Under this GC Low Bid contract, new utilities for power, fire alarm, security, water, sewer, irrigation and drainage were installed and remain independent from existing systems. The mechanical system includes independent smoke evacuation for the second floor which is shell space for future classrooms. Thornton also developed circulation spaces for interior and exterior walkways connecting the buildings, and improved landscaping included new sod, shrubs and trees. The Florida Department of Juvenile Justice built this facility to rehabilitate the lives of juvenile delinquents. The pilot boarding school program was established in 1995 for 13- to 18-year-old males based on a theory that these boys are not mentally ill, sick, or born bad. Education, behavior modification and moral development are emphasized in a new, innova- tive boarding school approach based on the sociological model. Owner Architect Florida Department of Juvenile Justice Brad Suber 850-922-6148 Elements Architects & Interior Designers 1699 Coral Way, Suite 1503 Miami, FL 33145 Construction Cost: $2,834,414 Completion Date: September2008 Location: Cutler Bay, FL City of Miami Johnny Martinez, P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder: The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: Department of Juvenile Justice- Baypoint Building Scope of work: New construction of a 2-story building totaling 24,500 SF. The building incorporated approximately 11 multi -purpose rooms in order to accommodate over 200 people. Also done: Restrooms, admin. offices, facilities storage rooms, computer area, and improved landscaping. Value of project: $ 2,834,414 Date completed: September 2008 Was project completed on time &'within budget: ❑X Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Thank you for your assistance in helping us In evaluating our bid solicitation. Name of individual completing this prm: Signature: Telephone: 850-922-6148 Brad Suber Date: 7--e /2. Title: Sincerely, Jeovanny Rodriguez, P.E., Assistant Director 96 New Dinner Key Marina Dockmaster Building Project Construction Manager E-mail: bradley.suber@djj.state.fl.us Bid No: 11-12-032 I P THORE #T North Terminal Development Program at Miami International Airport With MIA's multiple functions, heavy traffic flow, and stringent 24/7 security and liability requirements, Thornton is one of the few contractors qualified to work there. Thornton's work at MIA under the umbrella of the North Terminal Develop- ment Program spanned throughout Concourses B, C and D. Thornton completed the building shell package of this 5-stor concourse building, including structural, roofing, mechanical, plumbing, and electrical aspects. In order to meet the pro- gram's demanding operational requirements, construction was phased to allow many existing spaces to remain fully func- tional. Debris confinement and coordination were crucial to the work, particularly in coordinating between interior fin- ishes and MEP trades. Owner Parsons Odebrecht Joint Venture NW 22nd Street & Perimeter Road, Bldg. 3025 Miami, FL 33159 Construction Cost: Completion Date: Location: $16 Million 2006-2008 Miami International Airport City of Miami Johnny Martinez. P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder: The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: North Terminal Development Program at Miami International Airport Scope of work: Completion of the building shell package of a 5-story concourse building at Miami Intl Airport, including structural, roofing, mechanical, plumbing, and electrical aspects. Value of project: $ 16 Million Date completed: 2006-2008 (involved projects at different stages) Was project completed on time & within budget: ❑X Yes ❑ No (see comments below) If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes I] No If yes, please provide details: Comments: In my experience, Thornton has delivered their projects meeting Contract specifications, on time and within budget. Thornton's staff is professional, knowledgeable and dedicated to their clients. I highly recommend Thornton as your contractor of choice. Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: Maria Rios Date: 07/12/2012 Signature: L Telephone: 786-229-7598 Sincerely, Jeovanny Rodriguez, P.E., Assistant Director Title: Project Manager E-mail: m_rios@odebrecht.com 96 New Dinner Key Marina Dockmaster Building Bid No.; 11-12-032 ',THORNTON University of Miami: Building Additions Sister two-story, ground -up additions were constructed against symmetrical corners of the University of Miami's Sylvester Com- prehensive Cancer Center (SCCt) facing its central plaza. The project, totaling almost 15,0005F, also involved the demolition of a courtyard in order to accommodate the additions. One unit was tied into existing clinical space which was also renovated. This project was constructed under ICRA Class III standards, was AHCA inspected, and involved matching the materials of the existing exterior architecture. Thornton also renovated completed an outdoor courtyard as part of the project. Owner University of Miami Miller School of Medicine Nick Blanco 1400 NW 10th Avenue Miami, FL 33136 305 243 8378 mblancol@umiami.edu Construction Cost: Completion Date: Location: Architect MGE Architects 150 Alhambra Circle Suite 700 Coral Gables, FL 33134 305 444 0413 $2,464,625 March 2012 Miami, FL City of Miami Johnny Martinez. RE. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder: The above referenced contractor Is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Na me of Project: University of Miami -Building Additions Scope of work: This project, totaling almost 15,000 SF, included 2 additions, each 2-story, to an existing building, It also involved demolition of a courtyard in order to accommodate the additions, Thornton also renovated part of the existing building and completed an outdoor courtyard, Value of project: $ 2.8 Million Date completed: April 2012 Was project completed en time & within budget Li Yes El No (see comments below) If no, was the contractor at fault or contribute to the delay(s) or increased cost? El Yes II No If yes, please provide details: Comments: Project was not completed on time/within budget because of owner requested changes i rsi 'Sr/ OP 044(1 3 .uE (-1i9 D IN4 ex) 4S Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: Edith Candelaria Date: 077/a/Q40/ ca. Signature: Telephone: 305-284-5179 Sincerely, Jeovanny Rodriguez, P,E., Assistant Director 96 N w Dinner Key Marina Dockrnasler Building Title: Project Manager, University of Miami E-mail: e.canclelaria@rniantedu Bid No.: 11-12-032 P THORNTON American Airlines Early Baggage Facility This project involved the construction of a new 40,000 SF, tilt -up warehouse including supporting storage and circulation. Thornton also provided pre -construction services. From site work to close- out, Thornton carefully scheduled its operations so as to not interfere with the airport activities. The facility's new normal and emergency power; stormwater drainage; sanitary and domestic wa- ter drainage and supply; mechanical systems; and $100 million conveyor system were coordinated and tied into the new North Terminal with little or no interruption to service. Traffic control was top priority as the project was located airside in the active terminal. Interaction between contrac- tor activities and airport staff/end users was avoided through careful planning and scheduling. The drainage system infrastructure was substantial because the facility is washed down periodically to remove dust accumulating from airport activity, and foundation slabs had to be sloped. Owner American Airlines Carlos Cuervo, Project Manager 305 870 3212 cart os. cuervo @ aa. corn Construction Cost: Completion Date: Location: Architect Ernesto J. Garcia Heery Sequeira & Gavarrete 811 Ponce de Leon Blvd. Coral Gables, FL 33134 $5,076,923 February 2010 Miami International Airport City of Miami Johnny Martinez. P.E. City Manager To Whom it May Concern Subject: Reference Letter Name of Bidder: The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: American Airlines Early Baggage Facility Scope of work: New construction of a 40,000 SF warehouse, including supporting storage and circulation. Thornton also provided pre -construction services. From site work to close-out, Thornton carefully scheduled its operations so as to not interfere with the airport activities. Value of project: $ 5,076,923 Date completed: February 2010 Was project completed on time & within budget: ❑ Yes © No (see comments below) if no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes X❑ No If yes, please provide details: Comments: Project was not completed on time/within budget because of owner requested changes. Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individ I comple '+ ;; th' m r s Cuervo Date: 01 p Signature: ,J. Title: Project Manager Telephone: 305-870-3212 E-mail: Carlos.Cuervo@aa.com Sincerely, Jeovanny Rodriguez, P.E., Assistant Director 96 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 THORNTON LPI Office Building This project consisted of ground -up construction of a 40,250 SF, four-story office building on a 0.58 acre site. Construction involved full site development including foun- dation system; civil and electrical systems; and paving in- frastructure and landscaping for a 65-vehicle parking lot. Site development was especially challenging because the existing soil was so poor, deep excavation had to be per- formed to seat the foundation. New soil was imported and then vibro-compacted in layers to achieve proper density. The foundation system of the 70-foot tall building con- sisted of pilings, pile caps, and deep and spread footings. Owner The contact for this project is no longer available. The property has been transferred to another owner, Sanz & Taguay Properties, LLC. Architect ACAI Associates, Inc. 3455 NW 55th Street Fort Lauderdale, FL 33309 954 484 4000 Construction Cost: Completion Date: Location: $3,650,830 August 2008 Doral, FL SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 2) Please typeor 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. Thornton Construction Company, Inc. Legal Name of Firm: Entity Type: (Check One) 0 Partnership ❑ Sole Proprietorship ❑X Corporation P98000047691 May 28, 1998 Corporation Document No: Date Established Business Tax Receipt Acct. No. 45701 1-0050691 1 Occupational License No: October 1, 2011 Date of Issuance iee`=Locat M Est l sii a of i e bidder/Bidtler) :_ PRESENT Street Address: 4300 Biscayne Boulevard Suite 207 City: Miami State: FL 33137 How long at this location: 6 years PREVIOUS Street Address: 701 SW 27th Ave Miami FL 4 years City: State How long at this location: According to Section 18-85 (a) of the City of Miami Code, as amended: "When a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible Iocal bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid, In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." The intention of this section is to benefit local bona fide bidders/Bidders to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section. 97 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 SUPPLEMENT TO BID FORM: OFFICE !0 TION,.AFFIDAVIT (Page 2 of 2) (1 Autho az51g t ure Thomas Thornton Authorized Signature Print Name Print Name Secretary Title Title Authorized Signature Authorized Signature (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF DADE That: Thomas Thornton, President personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced Florida Driver's License' NOTARY PUBLIC: as identification. • ''''' Mlrianela Perez ur;^ ;i;iSSION#EE202529 My Commission Expires: ' y r PIRES: MAY 29,2016 ' W W.AARONNOTARY.com f7lIi111t Please submit with your Bid copies of Occupational License, professional and/or trade License to verify local status. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to verify the location of the firm's office. 98 New Dinner Key Marina Dockmaster Building Bid No.: 11-12-032 1 State of Flo ida Department of State I certify from the records of this office that THORNTON CONSTRUCTION COMPANY, INC. is a corporation organized under the laws of the State of Florida, filed on May 28, 1998. The document number of this corporation is P98000047691. I further certify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on February 23, 2012, and its status is active. I further certify that said corporation has not fiied Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Fourth day of February, 2012 Secre a of State Authentication ID: 800222866628-022412-1)98000047691 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https://efile.sunbiz.orgkertauthver.htnil r. Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416-1918. Favor de tomar nota que este Recibibo de Impuesto para Negocio se vence el 30 de Septiembre de ano indicado. Asegurar Ia renovacion para el 1 ro de Octubre es Ia responsabilidad del negocio. Para mas informacion puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-m nan lis la. Se responsablite dirijan Biznis sa pou li renouvle-I Pwemie Oktob kap vini. Si ou bezwen plis enf®rnasiyon sou zafe sa le?nat tj5) 416-1570 ou byen (305) 416-1918, ` � L- OCT 7 (gttg J3f POST THIS DOCUMENT IN A CONSPICUOUS PLACE. NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS UNLESS APPROVED BY THE FINANCE DEPARTMENT, CITY OF MIAMI 444 S.W.2 AVE 6TH FLOOR, MIAMI, FL 33130, PHONE (305)416-1918. EFFECTIVE YEAR OCT. 1, 2011 THRU SEP. 30, 2012 taxttc RECEIPT FOR THORNTON CONSTRUCTION CO INC ISSUED OCT 03, 2011 TOTAL FEE PAID ACCOUNT NUMBER RECEIPT NUMBER NAME OF BUSINESS LOCATION $131.00 457011-00506911 176783-0002 THORNTON CONSTRUCTION COMPANY 4300 BISCAYNE BLVD #207 IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: ADMINISTRATIVE OFFICE DIANA M. GOMEZ Finance Director THIS IS NOT A BILL DO NOT PAY This issuance of a business tax receipt does not permit the holder to violate any zoning laws of the City nor does it exempt the holder from any license or permits that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein, The document indicates payment of the business tax receipt only. 2012 396120-9 BUSINESS NAME/ LOCATION THORNTON CONSTRUCTION COMPANY 4300 BISCAYNE BLVD 33137 MIAMI OWNER THORNTON CON See. Type of Business 196 GENERAL THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT, IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EXISI1NG REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S QUALIFTCA• 'TONS. PAYMENT RECEIVED NIAMI'DADE COUNTY TAX COLLECTOR. 08/02/2011 60000000454 000060.00 SEE OTHER SIDE TRUCTION COMPANY UILDING CONTRACT THIS IS NOT A BILL -- DO NOT PAY RENEWAL RECEIPT NO. 4 INC STATE# CGC058425 207 DO NOT FORWARD THORNTON CONSTRUCTION COMPANY INC THOMAS THORNTON PRES 4300 BISCAYNE BLVD 207 MIAMI FL 33137 ill 011111IIF$ 11 I )IJI Ii 110 III FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 ECSG ENERGY COST SOLUTIONS GROUP, LLC BIO: Jason Biondi Born and Raised in Miami, Fl. College Educated at Evergreen State College in Olympia Washington. Majored in Environmental Science and Sustainability Earned a Bachelor of Science Degree Worked as a professional sailor, participating in Sail Training and Expedition Sailing World Wide 1995-2005 Licensed Capt. For vessels up to 500 tons on any ocean, under sail or tow. LEED Accredited Professional since 2004 Environmental Consultant with The Spinnaker Group since 2005 Vice President of Sustainability Consulting 2006 -2010 During Spinnaker Group tenure, responsibilities included management and oversight for LEED certification services and consulting on 108 projects in the State of Florida, Caribbean and Latin America. Jason founded Energy Cost Solutions Group in 2009, a business which targets new construction and existing buildings through energy savings, minimizing environmental impacts of construction, operations and maintenance and improving indoor environmental conditions. ECSG is currently involved with projects pursuing LEED New Construction, Core & Shell, Commercial Interiors and Existing Buildings Certification as well as performing commercial energy audits and environmental impact analysis for Major Use Special Permits. Active member of the US GEC South Florida Chapter, Chairman of the Program Committee Executive Board Member Surfrider Foundation Active member of Environmental Coalition of Miami and the Beaches Member of the Urban Environment League The U.S. Green I3uilding Council hereby certifies that Jason Biondi has successfully demonstrated knowledge of the green building design and construction industry and the Leadership in Energy and Environmental Design (LEED®):v2 Green Building Rating System, Resources and Process required to be awarded the title of LEED® v2 Accredited. Professional LEED 12 Kevin Hydes, Chairman S. Richard Fedrizzi, President, CEO and Founding Chairman • • v•w4 (.1 `r6V V)�V ai+ • u wpr � +►r ♦ • Nr v°°vmv 'v"L'O' V 'V wNaVii�tgtil I341artmfl tt of Otatr I certify from the records of this office that ENERGY COST SOLUTIONS GROUP, LLC, is a limited liability company organized under the laws of the State of Florida, filed on October 1, 2009. The document number of this company is L09000094778.. I further certify that said company has paid all fees due this office through December 31, -2011, that its most recent annual report was filed on March 5; 2011, and its status is active. CR2E022 (01-07) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Tenth day of May, 2011 =thuParfum gIsrfAfxfe I THORNTON The following is a selection of recent LEED-certified projects completed by Jason Biondi: Project Name: Sawgrass Lake Center Renovation Refer to the following pages for project descriptions and LEED certification level. Dollar Value: $50,000 Contact Information: JoAnn Farrell 954.835.0411 ioann.farrell@cbre.com Date Certified: 2/24/2011 Project Name: Staples: 2121 Biscayne Retail Ground -Up Construction Refer to the following pages for project descriptions and LEED certification level. Dollar Value: $2 Million Contact Information: S&K Realty (owner) Michael Katz Currently employed with: Miami Asset Management Co. 11511 SW 57th Avenue Pinecrest, FL 33156 305.668.9422 cell: 305.582.4288 Certification Date: 1/07/2009 Project Name: Waldorf Hotel Refer to the following pages for project descriptions and LEED certification level. Dollar Value: $3 Million Contact Information: Patricia Calasich, LEED AP President Altiva Architects 2610 SW 28th Street Miami, FL 33133 Certification Date: 11/30/2011 Project Name: 80 SW 8th Street Renovation Refer to the following pages for project descriptions and LEED certification level. Dollar Value: $75,000 Contact Information: David McFarlane, Property Mgr. 80 SW 8th Street, Ste. 2801A Miami, FL 33131 305.536.3780 cell: 786.382.8610 dmcfarlane@crec.com Certification Date: 9/23/2011 Project Name: Royal Palm Doral Center ill Renovation Refer to the following pages for project descriptions and LEED certification level. Dollar Value: $45,000 Contact Information: Dirk Kuczurba S&K Group 150 Alhambra Circle, Ste. 800 Coral Gables, FL 33134 305.476.0955 dirk.kuczurba@sk- realty.net Certification Date: 7/08/2011 New Dinner Key Marina Dockmaster Building, B-60464 LEED Consultant Recent Projects City of Miami Johnny Martinez, P.E. City Manager To Whom It May Concern Subject: Reference Letter for LEED Accredited Professional Name of Bidder: 74(-1/d/Okta s& 4dx5T12ur'i"-I eeiXtre N 0C � ' Name of LEED Accredited Professional; �' J toNc 4 CPA 1 p -- Cs7 ,C �=o�s �-p The above referenced contractor is submitting on a bid solicitation'that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission for this individual 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 at well as any other information your feel Is pertinent: r l � ild Name of Project: ST/9-p/e.s cS,20e vc- a p ,S`fnue:I"1 O J 2 t'L is�r w� Scope of work: 6./206- -10 - Gt Coc..52,0) Y a wJ 6,p- zo,, Ica SE t, 1 '517-)12- , `11 s L L C S ga tcl &tin c, cti 0 uv ,mod 64-.s Pi►e51 a ` t s kr w d ,401j J `44 L Ate4 hti ire Value of project: $ c Al t l y d oil Date completed: P-14ta. v , ?dee Delivery method: ❑ Hard Bid jj'Design-Build/Design-Bid-Build ❑ CM at Risk Other: Did this individual complete LEED certification for this project in a supervisory role? [Yes ❑ No Did this individual prepare all construction LEE templates and compile the required calculations and supporting information? f j " Yes ❑ No Did this individual provide LEED quality control on -site throughout project? ©''Yes ❑ No Quality of Services: ©'Above expectations ❑ Average ❑ Below Expectations Comments: 7650 kJ c t c. rtry 6 vfe`%evcvc r POS : 4 • 44,1 ii I Thank you for your assistance in helping us in evaluating our bid solicitation. Name o#lri i si-cahipletiri this form:..-.._ .I 7`",a.............Date:......: ...........- Signature: Title: iPR - 2 t /641 lei e. / jL/ (- Telephone: 365' g ° E-mail: .44,t 1Ik U 1 Sincerely, Jeovanny Rodriguez, P.E., Assistant Director New Dinner Key Marina Dockmaster Building ITB 11-12-032 City of Miami Johnny Martinez, P.E. • City-Maniatier • To Whom It MayCondern Subject Reference Letter for LEED APPreditOd Professional Name: of Bidder: Thornton QnnstrpOtIon Oornpany,..Ino, Name of LEED Accredited Professional; Jason 3rondi (Principal:of Energy COPt SOMIOOP Orourl) The abOve refareriOeb 0OntratOr is Stihrratiog .0114 bid•$614tatiort that ',ha's akitisa.001:1 by'the City of Miami,. require that the tildder .provide *Mari Waren:oak With their )3fd .submission for this individual and by 0rekidirkg yOu with thisdocument Coritradtbr 1.6.1‘.0406StintiAhat' you provide..tha f�llowing reference We kArOutif epOrOnfatelop,'OroVidirigIhe:friforrnalton requested below as well as any other Inf.C.IrMatiort your feet is pertinent Name of Orojeet:ttapies..Growid.u.i5onstodtkiii 8abpa Otwork: toriStroOtiOnotthP:20.,000.$F.V,spie0ocated.pqt3,1004yria,-poolSyar4,..„ This:Pitied .achieoTett LEED CS Gold'peellfiOttoh and is the first of this kind amana • rtaitstores Value of project $ 2aii9n . Date completed jailuane Delivery method: n Hard Bid ElDept n-BulkliDesignEild.14110 OM et 'Risk Other, .. Did this individual complete LEED perlitioofion for this project jrt ,ek:suPqrYIPr.Y 0;401' g. Yes 0 No. Did this indiVidual- prepare all conatradon LD Ienilatea'end.00mpile the required _ cal.bOlatioris gritiluppOrtirtglAtitthatierl? -YeS El No Did thiSindividtial otOvide LEED quality control on -Site theouahbut project'? .K Yes -.0 No -Qua14 of SeMces: Above akpeotationa El Average ID Below Eveotations -CbminentS; Thank you for ygut ass! In helping us tn evaluating gur:bid tolleitatiom Name of individual cn9IQJhis form Harried Rodriguez Oate.;, 7 $1griature: " Telephone; 3000-5.626 Title:. Arcrilt$1. E-rnag: .1-1arni461-10-Arcnitgotp-Ino.corn Sir-loan:451V, Jggvehasilladeiguez, P.E9 Assistant Director New Dinner KO Matt3a Dockmaster Building ITS 1,1- 12-032 ?:- Zle Atioriy mroot pi4f:WIrogor 17PE .0y,V1*.1.9t,Mky POPOItti? tti4A,•Referraa -eat!!fr.totteECtiaitxmitt Flof0010001: 190tne.Ottitta0tfilornibilorstrucitArf:dotripariy0 rne. clf4E-0**1101**10-0 j60:AottoOfffitioglr.netv-P#I•salutrt*P.TOPP, th4 0,009,1 tOft.01.00-MIRMOr04000nikrtittt la:0014#0#60. itiankbAtt4Stiled tity. mcgo.-ttot 10141ktot of00 *too offifftiotoOmok 61041)00.00 0604.01411t**0-0031. 0.01* 1.7.00.001:01,4t Y414 7006*0014irttiefigti:liifiiiiMibii, We Afaitilloptge.you povding the Information 044049311k1014,0411WAttlitiArkittitittillrYbietialPipletifiiiilt- itinte0Pr.01001,119WittliggPrOtli*AiKA41.0q a011411101 firdwitebOtttkaffititral -amoti..4pirintog. 4§i00,01F,W0.0141414.bliii0i'l)..4.eitrOlititiOA0000n; 1.054.Y*410-1i0ii.40.04iii 1470104,01fitbrett ,Datiderioatot 1.4490140"! 2013 001WW119#04; C3414%0 BuDen6.Buid itigAt$, Yot 610,- jP,914, fritormilket Yes 3 so cAtOtilte: thtsq lit.WittM*1-3444111,0141664.01000 Yg$ 44i •oetvives; -eVect46:* 0 Avpross! D000w*Wedations weitheitst, Thar* Ittrifaleta$01400401.004WW:10.:04010.4g a61.040.tiaattbk .1.VW r#: Te10-: tilimorgity,,,:140areofiRoditriei) Iret • '* ECSG ENERGY COST SOLAMONS GROUPi !LC lIED AR Architects, Environmental Professionals & Engineers Experience & References "Many times a simpfr waikthandgh will &imnine thar there an inexpensive solutian which will mtn.quire Mare &pone= Our ,profasianals- consist ofarebiteas, eV/Jaen and FD consztlrana, We atembk tears at bat- Rd:the stale and scope of dye &Wing."' Client= CB°Richar.d Ellis _ J � Sawgrass Lake'Center.. `LEER EB:Silver;: F : . .":;.. P r n_eo: Ait.riI�'G.tes�23U000;5 : •,i :' ..Ane gysta .... •' Storin'water` uantst and uali control g . ......... Afafer..;efficient:landscap.ing : :.:.;:,;:. .: ::.: :.::.::. ':: :' .:.='• `: , `::<;,;;:;`:;i::' :::::, Low florin interior flush fixtures:{38% potable water,.use reduction) Hi h`9a_;af._satisfaction. amo g tenants regar•.d ng work lace`indoor ei vironmental quail la �. i ``n Ma erial urchases ;> 1=`: r':: :, ::.:;:::_ • n.tOw;Etn tL t _ Waldorf Hote LEED CI Gold Certification LigI .r..eductiorr`:: Low Etntting Materials Energy':use'r•.:educed;:by 40%" onta`0t'21 `'Reference'~: 11AM1,..:FLORIDA•„33133,. • ..- 78643 Royal Palm Dora! Center Ill - LEED EB Silver Certified • . . • s'LEfbpojooit:*00#goi.:,-...:gc . stiroiit4SWR:004-*.i.Oit6.14 Royal Palm Doral Center III - 1_Egf_j: Ea 115,000, • nergystar Rating 77/ ':. . : :• • Storm Water quantity • Green cleaning: . S • Water. efficient landscaping p004.p6table water use reduction) Low flow interior flush fixturs • 100% Native LandscRe Low Emitting laterlals purchases - . High level of system cdetering • — 65Y;:of outgoing Iwaste recycled . * Contact! Reference. . • ' - Dirk KiJczurpa SgilK Realty : 150 AlITIAMbra Circle: • Suite .406: Coral •305:476.0955 Office I, • , !ANIMPOWND 1110070.111. Torriwomqwww ara. rent;.:.. on a;-,.nternationa• Observatory•-..LEE�• NC= 3`4 .t 00 more•EnergY . Efficient-then::AS.HRAE:9:01.07i0.,;.;•::::: �. • Storm water..:.quantity and,. quality,controi Green G-learring% integrated_Pes:'Ma�nagement,<i ;, > H.igh;:l;of..materials':with`,regioijal and.:recycled content; •' low flow interior.flush fixtures Low`Emi., in .;.M . rial .., n� .:a r.t. siv ..;`11, .;; �.... ,:::.: tt g... ate as,. pa: ts, ad.. es es,. aoon.ng,, etc...;.....;- --.,:...,. 3Nat404iej tflush and: flowfcxtu'res"`.(30%water.use reduction Contact_ ::Reference::' :Taim:urA.:Khan,:PE,SEi48; :. Khan &.:Associates; trim' 7400 SW 50th :Terrace `Suite -11M;iaimi Florida: •331.55' P: {3Q.5j:6'.62-23 `:tkfanC�ska=entneerina.coni www:ska-engineering com • 4 Glrent..= St. Andrews: 4cadeirri. ,:::, •Ath:Cetrc-Coataiexv tEEDNC:-12:;Qt} sf �l.ri'.Proress ' m'ore`:Erergy:Efficient.th•:en;ASNRAE.9.01:201Q:. orrn,watei-quantityand quai;ity cor t�roC` reei cleanir►g:] integrated Pest:Ma'nage`menj h;%,.of'inater1. ;.with:reg ona.l and recycle`d 'omen ow• flowinterror,flush,_: :.100 % :.Native Lan-dscape:.i Low Er.'nittitligMaterials:.patnts :a .,.. .: .. ..: . :.::.. .:.. .. :.... ... ... ..: •:': :..r�-. _. :..-i.. ater.efficientfl'.ushandfl'ow fixtures. {:30lmaterusere NORTH !ELEVATION GontaeaRe_ 0 1.1 . :. Jose Jararniil:o} 301 NW Crawford Blvd Boca,Raton, Fi.; 3.3432 P.:361288 3956 osej'@tagflonda co rr� r I a L M EV ... •r ar w`r Wr r r l ch ual a r I i �� neraINIM ...;;iiaJl'e!':ljl!'diCcih°F':•�L(6l,cl`FCI:C'j�`.iilell'e`•� ila: L•'i P .gj pia f i.4ir i :qµ'j ':' jihi: i::k i ''. .isF.ij 4FF?ii':1•k:I?F:;�jlj:ElegjR`i. el% �t:i'h��'i Pines — Silver Certified ti • , . " . 2 11 tt 11 UM Fieldhouse Practice Facility — LEED Gold UM_ Field house. Highlights .I.Features•• 'HVA.00% 'inore:;efficient:then_ ASH RAE standar Specimen Size:tree:mitigation 40%`potable:water savings'::: Material: reuse ` t.• iilgh % of construction materials with: sustainable, criteriia recycled: content, regional content, certified wood) Low'Emitting;MaterialsT. ;. Landscape water. Use reduction Brisiogbo tplueh11,.,2 fl Section 6- Contract Execution Form This Contract kiq -302:3 (contract number) made this )..t day of ",N C..C.e.,iver in the year 2012 in the amount of $3.763,641, by and between the City of Miami, Florida, hereinafter called the "City," and (Thornton Construction Co., Inc.), hereinafter called the "Contractor". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESSi_ATTEST--, Signature Jose Rovirosa, Senior Protect Manager Print Name, Title ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: (0 Dwight S Danle MSL, pity Clerk APPROVED AS TOINSU REQUIREMENTS.: Cal in Ellis, Direqtor Ris ManagerneM D part en New Dinner Key Marina Dockmaster Building (THORNTON CONSTRUCTION CO., INC.) Mr. Thomas Tho ton, P s'dent Signature Thomas Thornton, President Print Name, Title of Authorized Officer or Official (Corporate Seal) City of Miami, a municipal corporation of the State of Florida Johnny Martinez, P.E., City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Julie O. BriJi Attorney 100 Bid Ni • 11-12-032 CORPORME RI SOLUTION WHEREAS, Thornton Contruction Company , 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 President (type itle of officer) Thomas Thornton (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. is hereby authorized DATED this 3o day of 0606-LY ,20 Corpora Secretary (Corporate Seal) 101 New Dinner Key Marina Dookmaster Building Bid No.: 11-12-032 CERTIFICATE AS TO CORPORATE PRINCIPAL Thomas Thornton certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Band and Payment Bond); that Thomas Thornton , who signed the Bond(s) on behalf of the Principal, was then President 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 authori of it governing body. (SEAL) Secretary (on be Thornton Construction Company, Inc. Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMFDADE ) Before me, a Notary Public duly comniissiotied, qualified and acting personally, appeared Thomas Thornton 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 "•."53 day of Of to\aer , 20 12— My commission expires: (it/1\114 ‘-.)./ Notary Public, St,* of klajda at Large Bonded by Kimberly Paez mmIss0o#EE062793 EXPIRES; FEB. OB, 2015 of r03,•;" 0,111,0 WWW.ARRONNUTARY.com 106 New Dinner Key Marina ockrnaster Buflding Bid No.: 11-12-032 NIELSON, HOOVER & ASSOCIATE PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255,05( BOND NO.: 105846516 CONTRACTOR: ADDRESS: 4300 BISCAYNE BLVD., SUITE 207 MIAMI, FL 33137 PHONE NO.: (305) 649-1995 SURETY COMPANY: TRAVELERS CASUALTY AND SUE FY COMPANY OF AMERI A THORNTON CONSTRUCTION COMPANY, INC. ADDRESS: ONE TOWER SQUARE HARTFORD, CT 06183 PHONE NO.: (866) 277-0111 OWNER NAME: THE CITY OF MIAMI OWNER ADDRESS: 444 aw, 2Nn AvENUE, 8TH FLOOR FL 33130 PHONE NO,: (305)416-1280 CONTRACT/PROJECT No.. BID NO, 11-12-032 PROJECT NAME: NEW DINNER KEY DOCKMASTER BUILDING, -60464 PROJECT LOCATION: MIAMI, FLORIDA LEGAL DESCRIPTION 3400 PAN AMERICAN DRIVE, COCONUT GROVE, FL 33133 AND STREET ADDRESS: DESCRIPTION OF WORK: CONSTRUCTION FRONT PAGE All other bond page(s) are deemed subsequent to this pap regardless of any page number(s) that may be preprinted thereon, Bond Ma. 1fl58455i FORM OF PERFORMANCE BOND (Page lof 2) .; • BY THIS BOND, We THORNTON CONSTRUCTION CUPIPANYr NC1 as Principal, hereinafter ;Travelers Casualty and Surety , as Surety, are bound to the City of Miami, called Contractor and cumPanY AffieriCa Three ftillion Seven HtIndred Sixty Three Thousand Florida, as Obligee, hereinafter called City, in the amount of SiX Hundrad rcrtY one "d NON)011ats ($3.763,641.0 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 entercd into a Contract, Bid/Contract No; 11.- 12_932, awarded the 26th day of October , 20 12, 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 'Contrae; THE CONDITION OF THIS BOND is that if 40011tractor: 1, Performs the Contract between Contractor and City for Quastructiao of New Dinner Key flaxina Ogdiartastur Building the Contract being made apart 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 Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1, Complete the Project in accordance with the terms and conditions of the Contract Documents; or New Dinner Key Marina etenaster Building 102 Bid No,; 11-12-0 FORM OF PERFORNIANCE BOND (Page 2 of 2) 4.2. : Obtain a bid or bids for completing the Project in accordance with the tenns 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 tern] "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 far 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 comp] lance or noncompliance with any formalities connected with thc Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 30t1- day of Databeir 20 2 • BY: (CORPORATE SEAL) Thornton Construction Compapy, Inc. (Name of Corporation) By: Agent and Attorney -in -Fact Charles J. Nielson Signattre) Thomas Thornton President Name and Title) Address: ono TI3hMt Square 03 New Dinner Key Manna Dockin aster BUilciing (Street) Hart ford, CT 061133 (CityiState/Zip Code) Telephone No,: (-860) 2711-0111 Bid 11-12-032 WARNING: POWER OF ATTORNEY IS INVALID WITHOUT THE RED DER TRAVELERS Attorney -In Fact No, POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire anti Marine Insurance Company St, Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company 71-nvelers Casualty and Surety Company of America United States Fidelity nod Guaranty Company 222181 Certificate No. 004930316 KNOW ALL MEN BY -THESE PRESENTS: That St. Frail Fire and Mime Insurance Company. Si Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America ore corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity turd Guaranty Insurance Underwriters, Inc., is a aorporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Anna, Daviii R. Hooves, GiCelle Pajon, Olgc Iglesias, Gloria McClure_ and Ar or Colley of the City of Miami Lakes , State o Floridu. . their true an lawful Attraney(s)-in-Fact. each In their separate, capacity if more than one is darned above, to sign, execute, seal mid ;Acknowledge any and all bands, recognizences, ainditiontd undertakings and other writings obligatory itt the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of potions, guaranteeing the performance of contracts turd executing or guaranteeing bonds and underta-kings required or permitied'in anyactions or proceedings allowed by law, 201h IN WITNESS WHEREOF. the Cortipaines have caused this instrinnera to be si,gned anti 'their corporate weals to be her to affixed, this June 2(.1[2 clay of Farmington Casualty Company Fidelity and Guaranty Insttrance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Conmany St. Paul Guardian Insurance Company State of Connecticut City of Itartforcl ss, .13yi St, Paul Mercury insurance Company Travelers Casualty and Surety Company Travelers Casualty and. Surety Company of America United Stales Fidelity and Guaranty etnilpilny fie at. Th psah, hior tea prithidem 20th June 2012 On this the day of . , before are personally appeared George W. Thurripsen, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Cuoramy insurance Underwriters. inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Merenry Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, mid United Stares Fidelity and (Mammy Company, and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Wherenf,1 hereunto set my hand anti offmial seal. My Conanission expires the 30th day of June, 21116. it C. Tstroault. Notary Public 5E440-8-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Bond Na. 105B4516 FORM OF PAYMENT BOND (Page I of 2) BY THIS BOND, We THORNTON CONSTRUCTION COMPANY, INC„ . • as Principal, hereinafter :Travelers casualty and Surety called Contractor, and Compaay or America • as Surety, are bound to the City of 11/liami, Ihree Million Seven Hundred Sixty Thr Thomand Florida, as Obligee,- hereinafter called City, in the amount ofsix Hundred Fort One and No/10-0 Dollars (S3,763,641.00 ) for the payment Whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS Contractor has by written agreement entered into a Contract, Bid/Contract No., 1 I- 12-032 awarded the 26th day of October , 2012, 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 TIIIS BOND is that if Contractor 1, Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceeding.s, that City sustains because of default by Contractor under the Conti act; and 2 Promptly makes payments to all claimants as defined by Florida Statute 255.135(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; It CONTRACTOR'S OBLIGATION SRALL, I3E VOID; OITIERWISE, SPIALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO IF IN FOLLOWING CONDITIONS: A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, naterials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2..2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials ot supplies and dale nonpayment. 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-il, F Inrirla Statutes. 104 New Dinner Key Matina DockmastsrBuilding Bid No.: -12-032 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 30th day of October , 2012 (Corporate Seal) IN THE PRESENCE OF By: Contractor Thiinthn Construction ComPanY4 Inc. (Name o Corp rati9n) (Signatu Thomas Thornton President (Print Name and Title) day of Oat:kW 20 19 mpany or America Age4 and Attorney-in-Factcharles Nit81 Address: One Tower Square (Street) Hartford, CT 06184 105 (CiVStateiZip Code) Telephone No.: (Ban) 210-0111 New Dinner Key Marina Dockmaster Building Rid No 11,-12-032 AR IND: T Auk TRAVELERS OWER OF ATTORNEY IS INVALID WITHOUT THE RED ER POWER OF ATTORNEY Forminginn Casualty Company Fidelity and Guaranty insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Want_ insurance Company St. Paul Guardian Insurance Company Attnrneyth Fact No, 222151 St. Paul Mercury Insurance Company Travelers Casually and Surety Company Travelers Casualty and Surety Company of America Culled States Fidelity and Guaranty Company Certificate No. 0 0 4 9 3 0 317 KNOW ALL IVIEN BY TliESE Pt SENTS:That St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company and St Pa Mercury Insurance. Company are corporatiaus duly organized under the laws or the Slate of Minnesota, that Farmington Casualty Company, Thivelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of ConarscdcoL that United State:, Fidelity and Gunrant)r Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the taws of the State of Wisconsin (herein collectively called the "Compatues"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J, Nielson, Mary C, Aceves, David R. Hoover, Gicelle Pajort, Olga Iglesias, Gloria McClure, and Arthur Colley of the City of liarni I ,akes , State of Florida , their true and lawful Attarney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, reengnizances, conditional anderaings and other writings obligatory in the natute thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance Dr contracts and executing or guaranteeing hands and undertakings required or permitted in any actions or proceedings allowed by law. . . 20th IN WITNESS WIIEREOF, the Conlon ve caused this instrument to be signed and their'eorporate seals to he hereto affixed. this June day of Farmington Casualty CoMpany Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Pant Guardian Insurance Company State of Connecticut City of Hartford as, By: St, Paul Mercury Insurance Company Thvelers Casualty and Surety Company Travelers Casualty and Surety Company of America Untied States Fidelity and Guaranty Company June 2012 On this the 20th day of , before me personally appeared George W. Thompson, who acknowledged himself tO be the Senior Vise Prealdent of Pamtington Casualty Compnny, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Undetwritcrs, Inc., St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Con -wally, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such. !Icing authorized so to do, executed the foregoing instrument tor the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Its Witness Whereof, I hereunto set my hand and official seal, My Commission expires the 30th day of June. 201S, Marie C. Tareoult, henry Priblic 58440-6-11 Print iri U.S.A. WARNINaT POWER OFATTORN1EY IS INVALID WITHOUT THE RED BORDER 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: We hereby authorize you to draw on in United States Funds Expiry: (Date) Bid/Contract Number (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than 104 • (expiration date) PERFORMANCE .AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (Contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature INFORMATIONFOR DETERMINING JOINT VENTURE ELIGIBILITY 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: 106 (c) Supervision of field operations: NOTE: If, after filing this form and before the completion of the joint venture's work on the Subject Contract, there is any significant change in the information submitted, the Joint Venture must inform the County in writing. AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the County current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venturer relevant to the joint venture, by authorized representatives of the County. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Firm: Name of Firm: Signature: Signature: Name: Name: Title: Title: Date: Date: Form A 107