The URL can be used to link to this page

Home My WebLink AboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: February 26, 2020 FILE: City Manager FROM: Annie Perez, CPPO, Director Department of Procurement SUBJECT: Recommendation for Award of NW 24th Avenue, NW 25th Avenue, and NW 32nd Street Road- Improvements - D1, Project-No:--B 30723 REFERENCES: Invitation to Bid ("ITB") No. 19- 20-009 ENCLOSURES: Bid Security List, Contractor's Price Proposal RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends that the referenced Project be awarded to American Pipeline Construction, LLC ("American"), who has been determined to be the lowest responsive and responsible Bidder, for ITB No. 19-20-009, NW 24th Avenue, NW 25th Avenue, and NW 32nd Street - D1, Project No. B-30723 (the "Project"). BACKGROUND: On November 8, 2019, Procurement issued a solicitation under full and open competition to obtain bids from qualified firms. On January 6, 2020, Procurement received four (4) bids in response to the solicitation (see attached Bid Security List). Pursuant to the solicitation, Bidders were required to have: i) a current certified General Contractor Lioense issued by the State of Florida, or a Miami -Dade County Certificate of Competency as a General Engineering Contractor. In addition, Bidders were required to demonstrate that they have full-time key personnel with the necessary experience to perform the Project's Scope of Work by submitting details of at least three (3) Projects completed within the past five (5) years whose scope of work included road construction Projects, similar to the Project's Scope of Work. The submitted reference Projects must have demonstrated that the Bidder: i) was the Prime Contractor for the Project; and ii) self -performed at least thirty percent (30%) of the Physical Labor Construction Work for the Project. The Selected Bidder will be required to self -perform at least thirty percent (30%) of the Physical Labor Construction Work for the Project. FINDINGS: Procurement has completed the bid review following the guidelines published in the solicitation. As reflected on the attached Bid Security List, American was the apparent lowest responsive and responsible Bidder. The local preference ordinance was not applied since the second lowest bid was not within fifteen percent (15%) of the lowest Bidder's bid. After determining that American was a responsive and responsible Bidder by meeting the minimum requirements specified in the solicitation, the Office of Capital Improvements ("OCI") and Miami -Dade Water and Sewer Department reviewed and compared American's bid to the design consultant's estimate of probable construction cost. A determination was made as to finding American's bid acceptable. Based on the above findings, Procurement hereby recommends that the Project be awarded to American. PR20091 Page 2 - Recommendation of Award of NW 24u' Ave, NW 25th Ave, and NW 320d St. Road Improvements, ITB No. 19-20-009 Arthur Noriega V, City Manager CONTRACT EXECUTION: Accordingly, Procurement hereby requests authorization to prepare for execution a contract with American. The total not -to -exceed contract amount is $1,337,006.45, which is comprised of $897,499.32 for the City of Miami -related scope of work, $271,507.13 for the Miami -Dade County Water Main, $54,000,00 for a Dedicated Allowance to fund Off Duty Police, $38,000.00 for a Dedicated Allowance to reimburse Permits, and $76,000.00 for the Owner's Contingency Allowance. Your signature below indicates your approval of Procurement's recommendation. -Approved:- Arthur Noi) ga V, City Manager Date•: c: Nzeribe lhekwaba, P.E., PhD., Assistant City Manager Sandra Bridgeman, Assistant City Manager/Chief Financial Officer Pablo Velez, Assistant City Attorney Steven C. Williamson, Director, OCI Hector Badia, Assistant Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR20091 BID ITEM; CITY OF MIAMI OFFICE OF THE CITY CLERK 13ID SECURITY LIST NW 24th Avenue, NW 25th Avenue, and NW 32nd Street Road Improvements, Di —Project 13-30723 BID NUMI3ER: ITB 19-20-009 DATE BID OPENED: January 6, 2020 TIME: 2;00 pan, BIDDER BID TOTAL BID BOND (ER1 AMOUNT CHECK ArrierIC-an Pipeline Construction, 1.,LC $1,337,006,45 5% V Engineering & Consulting, Corp. $1,588,215.09 5% IVA Engeneering Contractor, Inc. $1,690,953,92 5% Florida Engineering & Development, Corp. $1,732,873,60 5% , i.. . .. .• ,.I•'d .1..;)' „ .,. . . ..., ••• . *, ' .; c;:P • - ' •.;• • • ,„"'". • •''''' _ . , 0 :- :• , ., . , ,„ „ ..:4•'':'. ,-* k, 1,7-• •., ., ',;:i 1,1 _..0' " .. OP• .. 0 4 ''''''' - Received (4) bid(s) on chaff: Proc l'ement ilCity PREPARED BY; Deputy City Clerk NW 24 AVENUE IMPROVEMENTS PROJECT (B-30723) - BASE BID ITEM PAY ITEM NO, RCADWAYCIUANTIT16S DESCRIPTION UNIT UNIT COST CIUANTITY TOTAL COST 1 101.1 MOBILIZATION LS $ 40,000,00 1 $ 40,000,00 2 102-1 MAINTENANCE OF TRAFFIC LS $ 7,000,00 1 $ 7,000,00 3 104.10.3 SEDIMENT BARRIER LF $ 0,01 1,505 $ 15,05 4 104.18 INLET PROTECTION SYSTEM EA $ 0,0J, 32 $ 0.32 5 110.1.1 CLEARING & GRUBBING AC $ 21,100,00 1 $ 21,100,00 6 110-4.10 REMOVAL OF EXISTING CONCRETE PAVEMENT SY $ 20,00 326 $ 6,320,00 7 120.1 8EQU.(4R_EXCAVATION.............__...._-.....__..._.......... ,._�-- CY_..._....__.....$_..,._......_..8,00... - 1,771.-...___..$......-......14,168,00.. 8 _ .r.-160,4 - -.-TYPE a STABILIZATION— - S.Y. ... __ $ ....._._..,, 0,01 -----._2,602 _ ...$._.._ _ 20.02.. 9 285.704 OPTIONAL BASE, BASE GROUP 04 SY $ 14.00 639 $ 8,946,00 10 263.706 OPTIONAL BASE, BASE GROUP 06 SY $ 14,00 2,270 $ 31,760,00 11 327.70.1 MILLING EXISTING ASPH PAVT, 1" AVG DEPTH SY $ 3,00 736 $ 2,208,00 1.2 __ _.3344,11...........SUPERPAVE ASPHALTIC .CONC,.TRAFFIC .A..- TN ...::$ -155.00 -:: 143 $ 22,165.00. 13 337-7-80 ASPHALTIC CONCRETE FRCITION COURSE, TRAFFIC B, FC-5.5, PG 76.22 TN $ 165,00 149 $ 24,585,00 14 425.1.203 CITY OF MIAMI INLETS TYPE "F-3" <10`J-BOTTOM EA $ 6,500,00 4 $ 26,000.00 15 425.1.204 CITY OFMIAMI INLETS TYPE "F-3">10'JBOTTOM EA $ 5,700,00 1 $ 5,700,00 36 425.1.711 CITY 0P MIAMI INLETS TYPE "V" < 10' P-BOTTOM EA $ 3,400,00 2 $ 6,800,00 17 425.1.713 CITY OF MIAMI INLETS TYPE "V" < 10' 1-BOTTOM EA $ 5,300,00 3 $ 15,900.00 18 425.1-714 CITY OFMIAMI INLETS TYPE "V"1-10'J-OOTTOM EA $ 6,100,00 1 $ 6,100,00 19 423.5 MANHOLE, ADJUST EA $ 45000 2 $ 900,00 20 425.6 VALVE BOXES, ADJUST EA $ 300,00 6 $ 1,800,00 21 490.174.115 PIPE CULV, 0PT MAIL, ROUND,15" SD 1F $ 80,00 77 $ 6,160,00 22 430.174.124 PIPE CULV, OPT MAIL, ROUND, 24" SO LF $ 100,00 16 $ 1,800,00 23 443-70-4 FRENCH DRAIN, 24" LF $ 140,00 320 $ 44,800,00 24 443.72-11 SWALE TRENCH DETAIL (CITY STANDARD 035-86.45) SY $ • 60,00 1 162 $ 9,720,00 25 520.1.10 CONCRETE CURB, 'TYPE K LP $ 25,00 678 $ 16,950,00 26 520.2.4 CONCRETE CURB, TYPE D LK $ 23.00 649 $ 14,927,00 27 520.9 CONCRETE DROP CURB LF $ 24,00 692 $ 16,608,00 28 522.1 CONCRETE SIDEWALK 4" SY $ 42,00 195 $ 8,190,00 29 622-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" SY $ 55,00 157 $ 8,635,00 30 527-2 DETECTABLE WARNINGS SF $ 30,00 8B $ 2,040.00 31 570-1-2 PERFORMANCE TURF, SOD SY $ 6,00 849 $ 5,094.00 32 700.1.11 SINGLE POSTSION F&I GM, <12SF AS $ 415.00 5 $ 2,075,00 33 700.1.60 SINGLE POST SIGN REMOVE , A5 $ 70.00 S $ 350,00 34 706.3 RETRO-REFLECTIVE PAVEMENT MARKERS EA $ 3,75 20 $ 7540 3S 711.12.221 THERMOPLASTIC, YELLOW, SOLID, 6" LF $ 0,85 506 $ 430,10 36 711.14.123 THERMOPLASTIC, PREFORM, WHITE, SOLID, 12" LF $ 13,50 461 $ 6,223,50 37 711414.125 THERMOPLASTIC, PREFORM, WHITE, SOLID, 24" LF $ 19,00 79 $ 1,501,00 30 110,13 AMORIST WORK LS $ 15,000,00 1 $ 15,000,00 SUBTOTAL $ 402,291,99 $ 30,000,00 39 N/A OWNER'S CONTIGENCY Allowance $ 30,000,00 1 40 N/A ALLOWANCE FOR OFF DUTY POLICE Allowance $ 20,000,00 1 $ 20,000,00 41 N/A ALLOWANCE FOR PERMITS Allowance $ 15,000,00 1 $ 15,000,00 $ 65,000,00 SUBTOTAL ALLOWANCE$ NW 24TH AVENUE TOTAL (6ASE al $ 467,291.99 NW 25 AVENUE IMPROVEMENTS PROJECT (8-30723) - BASE BID PAY ITEM NO. ROADWAY QUANTITIES DESCRIPTION UNIT UNIT COST QUANTITY TOTAL COST 101-1 MOBILIZATION L5 $ 30,000,00 1 $ 30,000.00 102-1 MAINTENANCE OF TRAFFIC LS $ 2,500,00 1 $ 2,500.00 10440.3 SEDIMENT BARRIER LE $ 0,01 736 $ 7,36 104.18 INLET PROTECTIONSYSTEM EA $ 0,01 7 $ 0,07 110.1-1 CLEARING & GRUBBING ✓ AC $ 11,250,00 0,4 $ 4,500,00 110.4.10 REMOVAL OF EXISTING CONCRETE PAVEMENT 57 $ 20,00 154 $ 3,080.00 120-1 REGULAR EXCAVATION CY $ 8,00 525 $ 4,200,00 0 160.4 TYPE •BSTAOILIZATION SY $ 0,01 1,133 $ 11,33 9 285.704 OPTIONAL BASE, BASE GROUP U4 SY $ 14,00 301 $ 4,214.00 10 285.706 OPTIONAL BASE, BASE GROUP 06 SY $ 14,00 967 $ 13,538.00 11 327-70.1 MILLING EXISTING ASPH PAVT, 1" AVG DEPTH SY $ 3,00 695 $ 2,085.00 12 334-1.11 SUPERPAVE ASPHALTIC CONC, TRAFFIC A $ 155,00 63 $ 9765,00 13 337.7-80 ASPHALT CONCRETE FRICTION COURSE, TRAFFIC B,"FC 9,5, PG 76.22 $ 165,00 84 $ 13,860,00 14 425.1.711 CITY OF MIAMI INLETS TYPE "V"<10'P•BOTTOM EA $ 3,400.00 1 $ 3,400.00 15 425-1-713 CITY OF MIAMI INLETS TYPE "V" < 10' J-90TT0M EA $ 5,600,00 2 $ 11,200,00 I6 425.1.714 CITY OF MIAMI INLETS TYPE "V"'10'J-80TTOM EA $ 5,200,00 1 $ 5,200.00 17 425.5 MANHOLE, ADJUST EA $ 450,00 1 $ 450,00 30 430.174-115 PIPE CULV, OPT MATL, ROUND, /5" 50 LP $ 80,00 18 $ 1,440,00 19 443.70.4 FRENCH DRAIN, 24" LP $ 14040 200 $ 28,000,00 20 443.72.4 SWALE TRENCH DETAIL (CITY STANDARD 1135.86.45) SY $ 60,00 58 $ 3,480,00 21 520.1.10 CONCRETE CURB, TYPE P LP $ 25,00 110 $ 2,760,00 22 520.2.4 CONCRETE CURB, TYPE D LF $ 23,00 196 $ 4,508,00 23 520.3 CONCRETE DROP CURB IF $ 24,00 488 $ 11,712.00 24 522-1 CONCRETE SIDEWALK-4" Ea $ 42,00 66 $ 2,772,00 25 522.2 CONCRETE SIDEWALK AND DRIVEWAYS, G" $ 55,00 80 $ 4,418.10 26 327.2 DETECTABLE WARNINGS $ 30,00 66 $ 1,980.00 27 570.1-2 PERF08MANCETURF, SOD $ 6,00 550 $ 3,300.00 28 7003.501 SIGN PANEL, RELOCATE, UP TO 12 SF $ 250.00 4 $ 1,000,00 29 706.3 RETRO-REFLECTIVE PAVEMENT MARKERSIIIICIIIIIIICNIEI 12 $ 45,00 30 711-12-221 THERMOPLASTIC, YELLOW, S0LI0, 6" $ 0,85 648 $ 550,80 31 711.14.123 THERMOPLASTIC, PREFORM, WHITE, 50UO,12" $ 18,50 437 $ 5,899,50 711.14.125 THERMOPLASTIC, PREFORM, WHITE, SOLID, 24" LF $ 19000 78 $ 1,482.00 110.15 AROORISTWORK LS $ 6,000.00 1 $ 6,000.00 SUBTOTAL $ 187,448,16 34 NM OWNER'SCONTIGENGY Allowance $ 16,000.00 1 $ 16,000.00 35 N/A ALLOWANCE FOR 0FP DUTY POLICE Allowance $ 12,000,00 1 $. 12,000,00 36 N/A ALLOWANCE FOR PERMITS Allowance $ 8,000,00 1 $ 8,000,00 SUBTOTAL ALLOWANCES $ 66,000,00 NW2STIIAVENUE TOTAL (BASE BID) $ 223,343,16 NW 32 STREET IMPROVEMENTS PROJECT (B,30723) , BASE BID 11111 - PAY ITEM NO, "ROADWAYQUANTITIE9 DESCRIPTION UNIT COST•QUANTIly TOTAL COST 101.1 r MOBILIZATION LS $ 15,500.00 1 15,500,00 MAINTENANCE OP TRAFFIC LS 4,000,00 $ 4,000.00 104.10.3 SEDIMENTrr r : • • 0.01 0,17 r :c A 28,500,00 0.6 $ 17,100,00 110.4.10 REMOVAL OF c CONCRETE PAVEMENT $ 20,00 240 $ 4,800,00 120.1 REouLAR,EXCAVATION$........_.........8,.90.. 1,994...__.._....$ 15,952.00.. 8._.,_. 100.4. _. : STABILIZATION —th°11111=111113111111= rr 285.704 OPTIONAL BASE,BASE GROUP 04 SY 14.00 r 285.706 OPTIONALBASE GROUP co SY $ 14,00 1,544 $ 21,616,00 r t DEPTH SY 3,00 • rr 13 :1 ASPHALTIC CONCRETE• • c 1 88 4,520,00 10'1.00170M EA $ 5,500.00 4 $ 22,000.00 r :. • (nrr 2 $ 10,400,00 jiiiii. ••T INLETS, GUTTER, TYPE V, MODIFY EA 9 500.00 $ 28,500,00 MANHOLE, ADJUST EA 450,00 4 1,000,00 • OPT MAIL, ROUND,• LF $ 77.00 10,857,00 • r OPT MATL, RoUND,• 10 1,000,00 r r DRAIN,$ 140.00 403 $ 36,420,00 21 r r CONCRETE cult% TypE F LE $ 35,00 $ 7,420,00 22 r.2.4 CONCRETE CURB, TYPe D LF $ 23.00 3,633.90 r CONCRETE DROP $ 24,00 $ 20,743,92 24 522.1 CONCRETE SIDEWALK• DRIVEWAYS,$ 42,00 r $ 5,460,00 25 522.2 CON cRETE SIDEWALK, • • • $ 55,00 150 570.1.2 PERFORMANCE• SY 6.00 27 rr • rr $ 1,660,00 28 rr .r SINGLE POST SIGN REMOVEr rr 29 r • rr r 711.12.221 THERMOPLASTIC,YELLOW,, r 711.14.12 THERMOPLASTIC,32 ••M, WHITE, soli r rr rr 33 r.15 ARBORIST WoRK2,500,00 1 2,500,00 SUBTOTAL r t OWNER'S• r rrr rr rrmoo as NA ALLOWANCE FOR OFf• DUTY POLICE Allowance $ 22,000,00 1 $ 22,600.00 ALLOWANCE FOR PERMITS Allowance 15,000,00 1 $ 15,000,00 SUBTOTAL ALLOWANCES $ 67,000,00 - -, WS2NDSTR ET TOTAL BASE BID) $ 374,859,17 WATER MAIN PAY ITEMS PCTS 14924_ER W017041 ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT 1 For performing preparatory work and operations In Mobilizing for beginning the work of the Protect, Including preparation and acceptance of M.O.T., but excluding materials and permit costs, both of which are paid under other payment Items, and Demobilization, AQG SUM $ 17,500,00 1 0 17,500.00 2 For selling and delivering to the Department 12-Inch zinc -coated ductile Iron pipe, valves and fillings; the price_per linear foot of Lln, Ft. $ 66,04 666 $ 36,790,00 3 ...._.. For installing 12-Inch zinc -coated ductile Iron plpe and fittings for water main the rice er linear foot of Lin. Ft, $ 55.00 666 $ 31,130,00 For selling and delivering to the Department s,lnoh zinc -coated ductile -. Iron plps;valves and fittings, -complete the price per linear footof Lin. Ft, $_. 40:00 130 ._..... $ 5,200,00 G For Installing 8-Inch zinc -coated ductile Iron pipe, fittings, and valves the price per linear foot of, LIn. Ft. $ 66.00 130 $ 7,160.00 6 For selling and delivering to the Department 6-Inch zinc -coated ductile Iran pipe, valves and fittings, complete, the price per Ilneal foot or LIn, Ft. $ 26,00 10 $ 460,00 For installing`6-Ineh zinc -Coated ductile iron pipe and fittings, for fire hydrant' branch, complete the price per linear foot of Lin, Ft_$ 85.g0 ... __.10... .. ........ ...... . . 900,00 $ 8 For selling and dellvoring to Ole Department 4-Inch zinc -coated ductile Iron pipe, valves and fittings, complete, the price per lineal foot of LIn, Ft, • $ 45,00 35 $ 1,675,00 9 For Installing 4•inch zinc -coated ductile Iron pipe, fittings, and valves tha_price per linear foot of LIn, Ft $ 55,00 35 $ 1,926,00 10 For selling and delivering to the Deparment 12-inch mechanical joint resilient seated gale valves for water main, complete, the price each of Each $ 2,600,00 3 $ 7,600.00 11 For Installing 12-Inch mechanical taint resilient seated gate valves for water male, complete, the price each of Each $ 3,200,00 3 $ 9,500.00 12 For making a tapping ognneatlon to an existing 4-Inch pipe water Each $ 6,000.00 1 $ 6,000.00 main at:, on the Interneogon of NW 23rd Avenue and NW 32nd Street (STA 20+04,76) Including furnishing and Installing tapping sieeve(s) (stainless steel) and tapping valvo(s), es shown on the plans, complete 13 For malting a tanning connection to an existing 4-Inch pipe water Each $ 5,000.00 1 $ 5,000.00 main at: NW 22nd Court and NW 32nd Street (STA 23+33.44) Including furnishing and Installing tapping sleeves) (stainless steep and tapping valve(s), and cutting and capping existing main as shown on the Plans, complete, 14 For removing existing plug and connecting to existing 12" water main at NW 32nd Street (STA. 26•r 10.47) Including furnishing end Installing all fillings necessary for conneotlon(s), as shown on Plans, complete Each $ 5,000.40 1 $ 6;000.00 16 For making out -In connection to an existing 4" Water Main et: NW 32nd Street and NW 23rd Ave, (STA 10+63.87) Including furnishing and Installing ell fittings necessary for cannectlons(s), as shown on the Plana, complete Each $ 6,040•00 1 $ 6,000.40 18 Far making cut -In connection to en existing 2" Water Main et: NW 23rd Avenue and NW 32nd Street (STA 10.90,11) Including furnishing and Installing all fillings necessary for oonnectlon(s), as showon on the Plans, complete Each $ 2,600,00 1 $ 2,600.00 17 For selling and delivering fire hydrant assembly, with guard posts Each $ 3,000.00 2 $ 6,000.00 and 5-Inch thick concrete slat;, as per MDWASD standard detail WS 4.6, complete, 16 For Installing Tire hydrant assemblies with guard pasts, complete, the price each of Each $ 3 04p,00 2 $ 6,040•00 19 Furnishing and Installing 1-Inch single service short, Including reconnection of customer's service pipe and meter transfer complete. Each $ 2,000,00 6 $ 10,000.00 20 Furnishing and Installing 1-Inoh single service long, Including reconnection of auetomer'e service pips and rooter transfer, complete, Each $ 2,000.00 2 $ 4,000.00 21 Furnishing and Installing ldnch dual service, short Including reconnection of customer's service plpe and meter transfer Each (Contingent Item) $ 2,000,0o 10 $ 20,000.00 22 Furnishing end Installing 1-Inch dual service, Jong Including reconnection of customer's service pipe and meter transfer Each (Contingent Item) $ 2,000,00 3 $ 6,000.00 23 For constructing Flushing Valve Outlet Assemblies (F.V.O.) et the locations shown on the plans,, complete Each g 2,500,00 4 $ 10,000.00 24 For constructing Alr Release Valve Assemblies (A.R.V.o) for water mains atho lcootions shown on the plans, complete Each (Contingent Item) $ 2,500,00 1 $ 2,500,00 25 For furnishing and Installing V•810 polyethylene encasement for any size ductile Iron pipe, fitting, or valve, the price per linear foot of Lin, Ft. $ 1,50 727 $ 1,090,50 '-20 For trench avercut for any size plpe In i.foot depth Increments, LIn. Ft, (Contingent Item) $ 0,01 193 $ 1.93 27 For sheeting and shoring ordered left In place by the Engineer Sq. Ft (Contingent Item) $ 0,01 1,528 $ 15,28 28 For removal, transport and legal dlopcsal of debris, unsuitable malodor and unsuitable baokflll material, Including tipping fees, as required for construction of the work, ae ordered by the Engineer. Cubic Yards (Contlgent Item) $ 36,00 36 $ 1,260,00 29 For furnishing and Installing additional suitable baokflll material, as directrecl by the Engineer. Cubto Yards (Cantlpent Item) $ 36,00 • 30 $ 1,260,00 30 • FOTOOnairtictirigiliterock"Oaf"selOTType'M""pdrmarisni paviriy ropalr*C (based on-479-L,F,ofplpe at -NW 23rdAvo,}--__ _....___000 Sq `as 102._. .,. $ 2,414ap. 31 For constructing asphaltic concrete surface course for Type "M" permanent paving repairs, (based on 179 LP, of pipe et NW 231r1 Ave.). Sq. Yds, $ 20,00 102. $ 2,040,00 32 For mulling existing asphalt pavement to an average depth of 1-Inch, complete. (based on 179 L.R. of pipe), (2Iree lanes). NW 23rd Ave. Sq, Yds, (Contingent Item) $ 0,01 491 $ 4,91 33 F.or.resurrectng,Alsing.Type:._V:.permanent.pavementrepairs::(nominal:: one -Inch thick meohlne•laid asphaltic concrete surface overlay), (posed on 170 L, F, of plpo), (2 (raffle lanes), NW 23rd Avo, Sq,.Yds, (Contingent Item) $ 0,01 491 $ 4.91 34 For replacement of pavement markings, damaged, removed, or obliterated by the Contractor's operation. Aggregate Sum , $ 0.01 1 $ 0.01 36 For constructing Sidewalk restoration to match existing, the price per square foot of Sq, Yds, (ContIngent Item) $ 0,01 290 $ 2 90 38 For furnishing traffic control. (5 % of the sutra of Items (2) thru (32)). (Limited to NW 23rd Avenue and NW 32nd Street) Aggr, Sum $ 9,868,13 1 $ 9,846,13 37 Subtotal 1 (the sum of Items (1) thru (30) ), SUBTOTAL 1 a $ 224,696.57 88 For the cost of providing 2 off -duty police officer as required (2 x $56,001hr x 0 hro. x 20 days), Dedicated Allowance $ 17,600,00 1 $ 17,600.00 39 Authorized reimbursable coat account. For costs of required permits, fees, Inspections, Impact tons, It authorized by the Engineer, (3% of SUBTOTAL 1, shown above), Dedicated Allowance $ 6,740,90 1 $ 6,740,00 40 Contingency Allowance, For unforseen conditions, for minor construction changes, and for quantity adjustments, If ordered by the Engineer. The of 10% of the subtotal Item No, 37, (0,1) x (Subtotal Item No, 37) Contlgency Allowance 03 22,469,86 1 03 22,449,68 $ .271,50713 41 Total Bid (the sum of Items (37).thru (40)) . . .TOTAL WATER MAIN IMPROVEMENTS Note: For a detailed description of each Water Main Proposal Item, refer to Section 0.0 of the Water Main epoolficetlons entitled "Measurement and Payment". . COMBINED GRAND TOTAL Bit) AMOUNT r; BASE BID + WATER MAIN IMPROVEMENTS $ '1,337,008.45 NOTES Felt WATCH MAIN PAY ITeMSr 2) Cost for replacement of (radio foap detector assemblies Is Included In pipe Installation and connection costs, 2) Cost for removal and replacement of trees Is Included In pipe Installation and connection costs, 3) Items for selling and delivering of pipe and fittings, Include rostrainmont In f lttings and appurtenances, as required by the project. 4) Items for Installing pipe and fittings, Include rostralnmant in fittings and appurtenances, as required by the project, SECTION BID FORMS City of Miami, Florida ` Office ofthe CMv�lerk ------------- ----citvHall, 1m�loar --- Pan American Miami, Florida 33133'5504 . Submitted: / Date The undersigned _' adanaa'thot-th baraohyd>nth>sbid-as phnuipaiens named herein and thmtno,pprsonother than'hereinmenton6dhas any interest inthis bid orhlthe Contract tnboentered into; that this bid, ismade-without connection with any other person, firm, orparties making ebid; and that dIs,*|naU,raspecta.made fairly and Angood faith without collusion orfraud, The Bidder furtheideclares that it has. eYamined,the Work and informed itself fully of all conditions pedeinffi«-boz-the' place �whenal`fhe;Work-ia'tb�bb 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 ttseffmbout�tha�\�urk4o beperformed,; ondthet it has submitted the required bid Guaranty; and all other Yequired 'info rMoaUon"with thabidl.ta0d that this bid is nUbmd±od voluntarily and willingly. The Bidder agreesX:if-.,this�bld;1s.!accepted,,to.'Contract with -,the City, a political subdivision oftile State nf Florida, pursuant tDJba,tenn8 and-conditons ot,the Conir9ot Documents and to furnish all necessary rOetario|a. equipment, |nery, too|n, oppanstVo, means of transportation, and all labor necessary to construct and complete within the time Umits, the specified Work covered by the Contract Documents for the Project nOL|t|et B|d|No:e 19-20-'009 Title; N�.24t' Avenue,NW�.2501 AvenWe, and NW 32nd Street .Road r�n�,D1�nP�g�B�O�3 ' ^ The Bidder also eg-r-ees1ufurnish tho-Tequired.Performance Bond and Payment Bond malternative form of security, if ittadany, and tn furnish the required.Certificate(s) of -insurance, The undersigned furtlier�gr.ees'that.,the,.Bld Guaranty panNngthxy bid shall be forfeited if Bidder fails to execute said Contract and fails to furnish the required Performance Bond and Payment Bond as wa||eethensqu|nad]]mrtificoba(a)of.|noVnynpevYbh|nf|fteen(15)oo|endordoyaafterbeingnutif|edofthn award nfthe Contract. ' In the event of arithmetical errors, the Bidder agrees.diat these errors are errors that may be corrected by the City, |nthe event of-a`diocrepon ybebmee'nthephcebid��igureaandthepdoetidh10mrds.theph e `n words Shm|| govern, I3idde(ogreas that any unit price listed in the bid is to be multiplied by the stated quantity requirements iMorder to'orrive atthe total. ' � Note: Bidders are bidding on estimated quantities for the purpose of determining the |mw8nt responsive and responsible Bidder. Payments will be made based on unit prices of actual quantities Installed, Where a discrepancy exists between th.e unit price and the extended price the unit price will prevail. Where there is a discrepancy beiween.the numerical and written bid 6mbu'nt, the written bid amount will prevail, NvV24mAve, NYV25*Av*>oAduxN'32�Street 78 Road ~' ' .� / Form SUmust besubmitted with Bidder's Bid. The 8UForm can bnfound posted onthe Vvebpm0e with the bid documents, Scope of Work: The Work consists of, but is not limited to, the street reconstruction, milling and reoWrfac|Dg, drainage instaUaUVn, water main and water services inohaUabon, and replacement of curbs, driveways, Americans with Disabilities Act ("ADA") compliant ramps, pavement marking and signage, Utility Work will befunded byaJoint Project Aonaoment/^JPA"\VWthyNia0i-DodoCouniyVVate[and8ewer Department ("WASD"). Funding for Utility Work will be released after satisfactory inspection by WASD, The full Scope of Work Is detailed in the Contract Documents, ITB No.: 19-20-009 - NW 201 Avenue, NW 25111 Avenue, and NW 32nd Street Road Improvements, DI [The following MUST be filled |n) A. Total Base Bid Construction Cost (City of Miarni Project B-30723) B. Total Add Alternate Construction Cost (Water Main PCT8No. 14924\ C. Combined Total Bid Construction Cost (Total Base Bid + Total Add Alternate) 07,1y7/-�� WRITTEN COMBINED TOTAL BUD CONSTRUCTION COST (GUARANTEED MAXIMUM PRICE/COST)., Q ene - ' //~ .tW-15 r= �[ S/X (Total Base Bid + Total Add Alternate) J /" 6^- NW 24mAve, NW251t'/ve..and ��Street 79 |TF3 No.19-20-009 Detail by Entity Name Page 1 of 2 Florida Department of State Department of State / Division of Corporations / Search Records / Detail By Document Number / DIVISION OF CORPORATIONS Detail by Entity Name Florida Limited Liability Company AMERICAN PIPELINE CONSTRUCTION, LLC Filing Information Document Number L14000151825 FEI/EIN Number 47-1966508 Date Filed 09/29/2014 Effective Date 10/01/2014 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 07/30/2019 Event Effective Date NONE Principal Address 4908 SW 72 AVE SUITE A MIAMI, FL 33155 Changed: 07/30/2019 Mailing Address 1222 WALLACE ST CORAL GABLES, FL 33134 Registered Agent Name & Address LUNA, ANDRES 1222 WALLACE ST CORAL GABLES, FL 33134 Authorized Person(s) Detail Name & Address Title MANAGING PARTNER LUNA, ANDRES 1222 WALLACE ST CORAL GABLES, FL 33134 Title AMBR VIEIRA, MARCIO CORPAS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1/16/2020 Detail by Entity Name Page 2 of 2 12340 MEMORIAL HIGHWAY TAMPA, FL 33635 Annual Reports Report Year Filed Date 2017 04/28/2017 2018 03/23/2018 2019 04/15/2019 Document Images 07/30/2019 -- LC Amendment 07/30/2019 -- CORLCDSMEM 04/15/2010 -- ANNUAL REPORT 03/23/2018 — ANNUAL REPORT 04/28/2017 -- ANNUAL REPORT 03/07/2016 -- ANNUAL REPORT 02/12/2015 -- ANNUAL REPORT 09/29/2014 -- Florida Limited Liability View image in PDF format View image In PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Di Ion of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 1 / 16/2020 AMERICAN CONSTRUCTION LLC Bidder: AMERICAN PIPELINE CONSTRUCTION LLC 4908 SW 72" Ave, Suite A, Miami, FL 33155 Phone: (305) 859-3371 I IFB No. 19-20-009 Project: NW 24TH AVENUE, NW 25TH AVENUE, AND NW 32ND STREET ROAD IMPROVEMENTS, D1 PROJECT B-30723 Bid Due Date: January, 6, 2020 at 2:00 P.M. Attention: Office of the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133 NW 24 AVENUE IMPROVEMENT$ PROJECT (B.30723) • BASE BID ITEM PAY ITEM NO. ROADWAY QUANTITIES DESCRIpT10N UNIT UNIT COST QUANTITY TOTAL COST 1 101-1 MOBILIZATION LS $ 40,000.00 1 $ 40,000,00 2 102.1 MAINTENANCE OF TRAFFIC LS $ 7,000,00 1 $ 7,000,00 3 104.10.3 SEDIMENT BARRIER LF $ 0,01 1,505 $ 15.05 4 104.18 INLET PROTECTION SYSTEM EA $ 0,01 32 $ 0,32 5 110.1.1 CLEARING & GRUBBING AC $ 21,100,00 1 $ 21,100.00 6 110.4.10 REMOVAL OF EXISTING CONCRETE PAVEMENT SY $ 20,00 326 $ 6,520,00 7 120.1 REGULAR EXCAVATION CY $ 8,00 1,771 $ 14,108,00 8 160.4 TYPE 6 STABILIZATION SY $ 0,01 2,602 $ 26,02 9 285.704 OPTIONAL BASE, SASE GROUP 04 SY $ 14,00 639 $ 8,946,00 10 285.706 OPTIONAL BASE, SASE GROUP 06 SY $ 14,00 2,270 $ 31,780,00 11 327.70-1 MILLING EXISTING POW PAVT, 1" AVG DEPTH SY $ 3,00 736 $ 2,208,00 12 334-1-11 SUPERPAVE ASPHALTIC CONC, TRAFFIC A TN $ 155,00 148 $ 22,165,00 13 337-7-80 ASPHALTIC CONCRETE FRCITION COURSE, TRAFFIC B, PC.9.5, PG 76.22 TN $ 165,00 149 $ 24,585,00 14 425.1.203 CITY OF MIAMI INLETS TYPE "F-3" a 10' J-BOTTOM EA $ 6,500,00 4 $ 26,000.00 15 425.1.204 CITY OF MIAMI INLETS TYPE"F•3">10'J•BOTTOM EA $ 5,700,00 1 $ 5,700,00 16 425.1.711 CITY OF MIAMI INLETS TYPE "V" e 10' P-BOTTOM EA $ 3,400,00 2 $ 6,800,00 17 425.1.713 CITY OF MIAMI INLETS TYPE "V" < 10' J-BOTTOM EA $ 5,900,00 3 $ 15,900,00 18 425.1.714 art OPMIAMI INLETSTYPE "V">10'J-BOTTOM EA $ 6,100,00 1 $ 6,100,00 19 425.5 MANHOLE, ADJUST EA $ 450,00 2 $ 900,00 20 425.6 VALVE BOXES, ADJUST EA $ 300,00 6 $ 1,800,00 21 430-174.115 PIPE CULV, OPT MATL, ROUND, 15" SD LF $ 80,00 77 $ 6,150,00 22 430.174-124 PIPE CULV, OPT MATL, ROUND, 24" SD LP $ 100 00 18 $ 1,800.00 23 443.70.4 FRENCH DRAIN, 24" LP $ 140,00 320 $ 44,800,00 24 443-72-11 SWALE TRENCH DETAIL (CITY STANDARD If35.86.45) SY $ 60,00 162 $ 9,720,00 25 520.1.10 CONCRETE CURB,TYPE F LF $ 25,00 678 $ 16,950,00 26 520.2.4 CONCRETE CURB,TYPEO LP $ 23,00 649 $ 14,927,00 27 520.3 CONCRETE DROP CURB lP $ 24,00 692 $ 16,608,00 28 522.1 CONCRETE SIDEWALK 4" SY $ 42,00 195 $ 8,190,00 29 522.2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" SY $ 55,00 157 $ 8,535,00 30 527.2 DETECTABLE WARNINGS SF $ 30,00 68 $ 2,040,00 31 570.1.2 PERFORMANCE TURF, SOD SY $ 6.00 849 $ 5,094.00 32 700.1.11 SINGLE POST SIGN F&I GM, <12SF A5 $ 415,00 5 $ 2,075,00 33 7004-60 SINGLE POST SIGN REMOVE AS $ 70.00 5 $ 350,00 34 706-3 RETRO-REFLECTIVE PAVEMENT MARKERS PA $ 9.75 20 $ 75.00 35 711.12.221 THERMOPLASTIC, YELLOW, SOLID, 6" LF $ 0,85 506 $ 430.10 36 711.14-123 THERMOPLASTIC, PREFORM, WHITE, SOLID,12" LF $ 13,50 461 $ 6,223,50 37 711-14.125 THERMOPLASTIC, PREFORM, WHITE, SOLID, 24" I.F $ 19,00 79 $ 1,501.00 38 110.15 ARBORIST WORK LS $ 15,000,00 1 $ 15,000.00 SUBTOTAL $ 402,291,9E 39 N/A OWNER'SCONTIGENCY Allowance $ 80,000,00 1 $ 30,000,00 4o N/A ALLOWANCE FOR OFF DUTY POLICE Allowance $ 20,000,00 1 $ 20,000,00 41 N/A ALLOWANCE FOR PERMITS Allowance $ 15,000,00 1 $ 15,000.00 SUBTOTAL ALLOWANCES $ 65,000,00 NW 24TH AVENUE TOTAL (BASE BI6 $ : 467,291.99 NW 25 AVENUE IMPROVEMENTS PROJECT (B-30723) - BASE BID ITEM PAY ITEMNO. ROADWAY QUANTITIES DESCRIPTION UNIT UNIT CAST QUANTITY TOTAL COST 1 101-1 MOBILIZATION LS $ 30,000,00 1 $ 30,000.00 2 102-1 MAINTENANCE OF TRAFFIC LS $ 2,500,00 1 $ 2,500,00 3 104.103 SEDIMENT BARRIER LF $ 0,01 73G $ 7,36 4 104-18 INLET PROTECTION SYSTEM EA $ 0,01 7 $ 0.07 5 110.1.1 CLEARING & GRUBBING v AC $ 11,250,00 0,4 $ 4,500.00 6 110.4.10 REMOVAL OF EXISTING CONCRETE PAVEMENT SY $ 20.00 154 $ 3,080.00 7 120-1 REGULAR EXCAVATION CY $ 8,00 525 $ 4,200,00 8 160.4 TYPE D STABILIZATION SY $ 0,01 1,133 $ 11,33 9 285.704 OPTIONAL BASE, SASE GR0UP 04 SY $ 14,00 301 $ 4,214,00 10 285.706 OPTIONAL BASE, BASE GROUP 0G SY $ 14.00 967 $ 13,538,00 11 327-70.1 MILLING EXISTING ASPFI PAVT, 1" AVG DEPTH 5Y $ 3.00 695 $ 2,085.00 12 334-1-11 SUPERPAVE ASPHALTIC CONC, TRAFFIC A TN $ 155,00 63 $ 9,765,00 13 337-7-80 ASPHALT CONCRETE FRICTION COURSE, TRAFFIC 0, PC-9,5, PG 76-22 TN $ 165,00 84 $ 13,860,00 14 425.1-711 CITY OF MIAMI INLETS TYPE "V" a 10' P-BOTTOM EA $ 3,400,00 1 $ 3,400,00 15 425-1-713 CITY OF MIAMI INLETS TYPO "V" < 10' J-80TTOM EA $ 5,600.00 2 $ 11,200.00 16 425.1-714 CITY OF MIAMI INLETS TYPE "V"> 10' ,I -BOTTOM EA $ 5,200,00 1 $ 5,200.00 17 425.5 MANHOLE, ADJUST EA $ 450.00 1 $ 450,00 18 430-174.115 PIPE CULV, OPT MAIL, ROUND,15" 5D LF $ 80,00 18 $ 1,440,00 19 443-70-4 FRENCH DRAIN, 24" LF $ 140.00 200 $ 28,000,00 20 443.72.4 SWALETRENCH DETAIL (CITYSTANDARD#35.86.45) SY $ 60,00 53 $ 3,480.00 21 520.1-10 CONCRETE CURB, TYPE F LF $ 25,00 110 $ 2,750.00 22 520-2.4 CONCRETE CURB, TYPED IF $ 23,00 196 $ 4,508,00 23 520.3 CONCRETE DROP CURB LF $ 24,00 488 $ 11,712,00 24 522.1 CONCRETE SIDEWALK .4" SY $ 42.00 65 $ 2,772,00 25 522.2 COMETE SIDEWALK AND DRIVEWAYS, G" SY $ 55,00 80 $ 4,418.10 26 527-2 DETECTABLE WARNINGS SF $ 30,00 66 $ 1,980,00 27 570.1.2 PERFORMANCE TURF, SOD SY $ 6.00 550 $ 8,300,00 28 700.3.501 SIGN PANEL, RELOCATE, UP TO 12 SF EA $ 250,00 4 $ 1,000,00 29 706.3 RETRO-REFLECTIVE PAVEMENT MARKERS EA $ 3.73 12 $ 45,00 30 711.12.221 THERMOPLASTIC, YELLOW, SOLID, 6" LP $ 0,85 648 $ 550.80 31 711-14.123 THERMOPLASTIC, PREFORM, WHITE, SOLID,12" LP $ 13,50 437 $ 5,899,50 32 711.14.125 THERMOPLASTIC, PREFORM, WHITE, SOLID, 24" LF $ 19,00 78 $ 1,482.00 33 110.15 ARBORISTWORK LS $ 6,000,00 1 $ 6,000,00 SUBTOTAL $ 187 348,16 34 N/A OWNER'SCONTIGENCY Allowance $ 16,000,00 1 $ 16,000,00 35 N/A ALLOWANCE FOR OFF DUTY POLICE Allowance $ 12,000,00 1 $ 12,000,00 36 N/A ALLOWANCE FOR PERMITS Allowance $ 8,000,00 1 $ 8,000,00 SUUTOTAL ALLOWANCES $ 36,000,00 NW 25TH AVENUE TOTAL. MSC DID)' $ ..223,84S,16 NW 32 STREET IMPROVEMENTS PROJECT (B-30723) - BASE BID RA REM PAY ITEM N0. ROADWAY QUANTITIES DESCRIPTION UNIT UNIT COST QUANTITY TOTAL COST 1 101.1 MOBILIZATION LS $ 1.5,500,00 1 $ 15,900.00 2 102.1. MAINTENANCE 0P TRAFFIC LS $ 4,000,00 1 $ 4,000,00 3 104.10-3 SEDIMENT BARRIER LF $ 0,01 1,121 $ 11,21 4 104-18 INLET PROTECTION SYSTEM EA $ 0.01 17 $ 0,17 5 110-1-1 CLEARING &GRUBBING AC $ 28,500,00 0,6 $ 17,100,00 6 110.4.10 REMOVAL OF EXISTING CONCRETE PAVEMENT SY $ 20,00 240 $ 4,800,00 7 120.1 REGULAR EXCAVATION CY $ 8,00 1,994 $ 15,952,00 8 160.4 TYPE B STABILIZATION SY $ 0.01 1,972 $ 19,72 9 285-704 OPTIONAL BASE, BASE GROUP 04 SY $ 14.00 667 $ 9,338,00 10 285.706 OPTIONAL BASE, BASE GROUP 06 SY $ 14.00 1,544 $ 21,616,00 11 327.70.1. MILLING EXISTING ASPH PAVT, 1" AVG DEPTH SY $ 3.00 412 $ 1,234,67 12 334.1.11 SUPERPAVE ASPHALTIC CONC, TRAFFIC A TN $ 155.00 111 $ 17,145,54 13 337.7.80 ASPHALTIC CONCRETE FRCITION COURSE, TRAFFIC B, FC-9,5, PG 76-22 TN $ 165,00 88 $ 14,520,00 14 425.1-713 CITY OP MIAMI INLETS TYPE "V" a 10' J•OOTTOM EA $ 5,500,00 4 $ 22,000,00 15 425.1.714 CITY OFMIAMIINLETS TYPE "V">10'J-BOTTOM EA $ 5,200,00 2 $ 10,400,00 16 425.1.719 MOT INLETS, GUTTER, TYPE V, MODIFY EA $ 9,500.00 3 $ 28,500,00 17 425.5 MANHOLE, ADJUST EA $ 450,00 4 $ 1,800,00 18 430.174.115 PIPE CULV, OPT MAIL, ROUND, 15" SD LF $ 77,00 141 $ 10,857,00 19 430.174-124 PIPE CULV, OPT MAIL, ROUND, 24" SD IF $ 100,00 10 $ 1,000,00 20 443.70.4 FRENCH DRAIN,24" IF $ 140,00 403 $ 56,420,00 21 520.1.10 CONCRETE CURB, TYPE P IF $ 25,00 297 $ 7,429.00 22 520.2.4 CONCRETE CURB, TYPED LF $ 2.3,00 159 $ 3,663.90 23 520.3 CONCRETE DROP CURB LF $ 24,00 864 $ 20,743,92 24 522-1 CONCRETE SIDEWALK AND DRIVEWAYS, 4" SY $ 42,00 130 $ 5,460,00 25 522.2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" SY $ 55,00 160 $ 8,800,00 26 570-1.2 PERFORMANCE TURF, SOD SY $ 6,00 190 $ 1,142,94 27 700-1-11 SINGLE POST SIGN, FM GM, <12 SF AS $ 415,00 4 $ 1,660,00 28 700.1.60 SINGLE POST SIGN REMOVE AS $ 25,00 3 $ 75,00 29 706.3 RETRO-REFLECTIVE PAVEMENT MARKERS EA $ 3,75 12 $ 45,00 30 711.12.221 THERMOPLASTIC, YELLOW, SOLID 6" LF $ 0.85 266 $ 226,10 31 711.14.123 THERMOPLASTIC, PREFORM, WHITE, SOLI0,12" LF $ 13,50 284 $ 3,159,00' 32 711.14.125 THERMOPLASTIC, PREFORM, WHITE, SOLID, 24" LF $ 19,00 39 $ 741,00 33 110.15 ARBORIST WORK LS $ 2,500.00 1 $ 2,500.00 SUBTOTAL $ 307,850.17. 34 N/A OWNER'SCONTIGENCY Allowance $ 30,000,00 1 $ 30,000,00 35 N/A ALLOWANCE FOR OFF DUTY POLICE Allowance $ 22,000,00 1 $ 22,000,00 36 N/A ALLOWANCE FOR PERMITS Allowance $ 15,000,00 1 $ 15,000,00 SUBTOTAL ALLOWANCES $ $7,000,00 6)W'8.2ND STREET TOTAL(BASk BID(. $ 374,859,17 WATER MAIN PAY ITEMS PCTS 14924_ER W017041 ITEM DESCRIPTION UNITS UNIT COST QUANTITY TOTAL AMOUNT 1 For performing preparatory work and operations In Mobilizing for beginning the work of the Protect, Including preparation and acceptance of M,O,T„ but excluding materials and permit costs, both of which are paid under other payment Items, and Domobillzatlon, ADC SUM $ 17,600,00 1 $ 17,600.00 2 For selling and delivering to the Department 12-Inch zinc -coated ductile Iron pipe, valves and flttinge,,-ihe price per linear foot of Lin, Ft, $ 66.00 566 $ 36,790,00 3 For Installing 12-Inch zinc -coated duotile Iron pipe and fittings for water main, the price per linear foot of Lin, Ft. $ 66.00 566 $ 31,130,00 4 For selling and delivering to the Department 8-Inch zinc -coated ductile Iron pipe, valves and fittings, complete the prioe per linear foot of Lin, Ft, $ 40,00 130 $ 5,200,00 6 For Installing 8-Inch zinc -coated duoflle iron pipe, fittings, and valves the price per linear foot of Lin, Ft, $ 56,00 130 $ 7,160,00 6 For selling and delivering to the Department 6-Inch zinc -coated ductile Iron pipe, valves and fittings, complete, the price per lineal foot of Lin, Ft, $ 25.00 18 $ 460,00 7 For Installing 6-Inch zinc-oonted ductile Iron pipe and fittings, for fire hydrant branch, complete the price per linear foot of Lin. Ft. $ 55.00 18 $ 990,00 a For selling and delivering to the Department 4•Inch zinc -coated ductile Iron plpe, valves and fittings, complete, the price per lineal foot of Lin. Ft, $ 45,00 36 $ 1,676,00 9 For Installing 4-Inch zinc -coated ductile Iron pipe, fittings, and valves the price per linear foot of Lin, Ft. $ 55,00 35 $ 1,928.00 10 For selling and delivering to the Deparment 12-Inch mechanical Joint resilient seated gate valves for water main, complete, the price each of Each $ 2,800,00 3 T $ 7,800,00 11 For Installing 12-Inch mechanlcal Joint resilient seated gate valves for water main, complete, the price each of Each $ 3,200,00 3 $ 9,600,00 12 For making a tapping connection to an existing 4-Inch plpe water Each $ 5,000,00 1 $ 5,000,00 main at, on the Intersection of NW 23rd Avenue and NW 32nd Street (STA 20+04,76) Including furnishing and Installing tapping sleeve(s) (stainless steel) and tapping valve(s), as shown on the Plans, complete 13 For making a tipping connection to an existing 4-Inch pipe wetar Each $ 6,000,00 1 $ 5,000.00 main at NW 22nd Court and NW 32nd Street (STA 23+33.44) Including furnishing and Installing tapping aieeve(s) (stainless steel) and tapping valve(s), and cutting and capping existing main as shown on the Plans, complete, 14 For removing existing plug and oanneating to existing 12" water maln at NW 32nd Street (STA. 26+10.47) Including furnishing and installing at fittings necessary for connectlon(s), as shown an Plane, complete Each $ 5,000.00 1 $ 5,000,00 16 For making cut -In connection to an existing 4" Water Main at; NW 32nd Street and NW 23rd Ave, (STA 19+63,87) including furnishing and Installing ell fittings necessary for conneations(e), as shown an the Plane, complete Egoh $ 6,000.00 1 $ 6,000,00 16 For making cut -In connection to an existing 2" Water Main at: NW 23rd Avenue and NW 32nd Street (STA 19.90,11) Including furnishing and Installing all fittings necessary for oonnection(s), as ahowon on the Plans, complete Each $ 2,500,00 1 $ 2,500.00 17 For selling and delivering fire hydrant assembly, with guard poste Each $ 3,000,00 2 $ 6,000.00 gnd 6-Inch thiclt concrete eJal;, as per MDWASD standard detail W$ 4.5, complete, 18 For Installing fire hydrant assemblies with guard posts, complete, the price each of Each $ 3,000.00 2 $ 6,000,00 19 Furnishing and Installing 1-Inch single service short, Including reconnection of customer's service pipe and meter transfer complete, Each $ 2,000,00 5 $ 10,000.00 20 Furnishing and Installing 1-Inoh single service long, Including reconnection of customer's service pipe and meter transfer, complete, Each $ 2,000,00 2 $ 4,000,00 21 Furnishing and Installing 1-Inch dual service, short Including reconnection of customer's service pipe and meter transfer Each (Contingent Item) $ 2,000,00 10 $ 20,goq,00 22 Furnishing and Installing 1-Inch dual service, long Including reconnection of customer's service pipe and meter transfer Each {Contingent Item) $ 2,000.00 3 $ 6,000,00 23 For constructing Flushing Volvo Outlet Assemblies (F,V,O.) at the locations shown on the plans, complete Each $ 2,600.00 4 $ 10,000,00 24 For constructing Air Release Valve Assemblies (A,R,V,$) for water mains athe locations shown on the lans, complete p(Contingent Each Item) $ 2,500,00 1 $ 2,500,00 26 For furnishing and Installing -BIO polyethylene encasement for any slze ductile Iron pipe, fitting, or valve, the price per linear foot of Lin. Ft. $ 1.60 727 $ 1,090,50 26 For trench overout for any size pipe In 1-foot depth Increments, _ _ Lin. Ft, (Contingent Item) $ 0,01 193 $ 1,93 27 For sheeting and shoring ordered left In place by the Engineer Sq. Ft, (Contlnri nt Item) $ 0.01 1,528 $ 15,26 28 For removal, transport and legal disposal of debris, unsuitable material and unsuitable backflll material, Inoluding tipping fees, es required for construction of the work, as ordered by the Enitneer, Cubic Yards (Contlgent Item) $ 35,00 36 $ 1,260,00 29 For furnishing and Installing additional sultable baokflll material, as dlreatred by the Engineer, Cubio Yards• (Contjgent Item) $ 36,00 36 $ 1,260,00 30 For constructing Ilmorook base for Type "M" permanent paving repairs, (based on 179 L,F, of pipe at NW 23r1 Ave.) Sq. Yds. $ 20,00 102 $ 2,040,00 31 For constructing asphaltic concrete surface course for Type "M" permanent paving repairs, (based on 179 L,P, of plpe at NW 23rd Ave.), Sq. Yds, $ 20,00 102 $ 2,040,00 32 For milling existing asphalt pavement to an average depth of 1-Inch, complete. (based an 179 L.F. of plpe), (2 traffic lanes). NW 23rd Ave. Sq, Yds. (Contingent Item) $ 0,01 491 $ 4,91 33 For resurfacing, using Type "V" permanent pavement repairs (nominal one -Inch thick maohine•lald asphaltic °enarete surface overlay). (based on 170 I... F. of pipe), (2 traffic lanes). NW 23rd Ave, Sq, Yds, (Contingent Item) $ 0.01 491 $ 4,91 34 For replacement of pavement markings, damaged, removed, or obliterated by the Contraotor's operation. Aggregate Sum $ 0.01 1 $ 0,01 35 For constructing sidewalk restoration to match existing, the price per square foot of Sq. Yds, (Contingent Item) $ 0,01 290 $ 2,94 36 For furnishing traffic control. (5 % of the sum of items (2) thru (32)). (Limited to NW 23rd Avenue and NW 32nd Street Aggr, Sum $ 9,886,13 1 $ 9,866,13 37 Subtotal 1 (the sum of Items (1) thru (36) ), SUBTOTAL 1 $ 224,606,67 38 For the cost of providing 2 off -duty police officer as required (2 x MOWN 8 hrs. x 20 days), I edloated A(IoWance $ 17,800,00 1 $ 17,600,00 39 Authorized reimbursable cost account. For costs of required permits, fees, inspections, Impact fees, If authorized by the Engineer, (3% of SUBTOTAL 1, shown above), Dedicated Allowance $ 6,740,90 1 $ 6,740.90 Contingency Allowance, For unforseen conditions, for minor construatlan changes, and for quantity adjustments, If ordered by the Engineer, The of10%0 of the subtotal Item No, 37, (0.1)x (Subtotal ItemNo,37) Contigency Allowance $ 22469,66 1 $ 22,469,66 H Total Bid Oho sum of,jtems (37) thru,(4O))• , TOTAL NATFR. MAIN I PROVEINO . TS $ 27 ,60713 Note: For a detailed description of each Water Main proposal Item, refer to Section 8,0 of the Water Main Specifications entitled "Measurement end Payment". COMBINED GRAND TOTAL BID AMOUNT 0 Base SID + WATER MAIN IMPROVEMENTS $ '1,337,008.46 NOTES FOR WATER MAIN PAY ITEMS; 1) Cost for replacement of traffic, loop detector assemblies Is Included In pipe installation and connection costs, 2) Cost for removal and replacement of trees Is included In pipe Installation and connection costs, 3) Items for selling and delivering of pipe and fittings, Include rostrainment It fittings and appurtenances, as required by the project, 4) Items for Installing pipe and fittings, Include rostralnmentIn fittings and appurtenances, as required by the project, ~ SECTION BID FORMS City of Miami, Florida Office Ofthe Ck»-QIe[h City Hall, 16tFlVOr 3500 Pan American Drive . Miami, Florida 331'33-5504 ' . Submitted: 1/(--/ Date The undersigned, bs Bidder; hereby declare's that:the'only�. persons interested in this bid as principal are named herein and that'no,pprson!other than �herein mentionbd has any interest in this bid or in the Contract to be entered into; 7that this,bid, is made,\A(ithout connection with any other person, firm, or parties making a bid; and that it is�4 iniallrespects,-rhadb fairly and4n. good faith without collusion orfraud, The Bidder furthet`declaresAhat it has examined, theof the VVo[h and informed itself fV||v of all conditions pertei"thg-�, ltheidome.:whana" lhe'i8/oN(,)o' f6�156 done; that it has examined the Contract Documents and all addsmdathereto furnished behonatheopeningofLhab|do'aaankOnVNndgedb8|VvV;and that it has satisfied itsNy'abnut:the '\8/drk'fo be pedbrnled"gnd that it has submitted the required bid Guaranty; and all Other!equiredqnforDleUon^withtho.bieh`yaOdthat this bid insubmitted voluntarily and willingly. The Bidder ogr8ag�/K�,thisib|ch-iousc.oepted�tV.'CUnt/octyxith�hp City, o political subdivision of the State of Florida, pursuant tp^*the,1,tero18 -;aDd%coodit)ons of,Jhe l}Vnir�ot Documents and to furnish all necessary moteria|o, oqU|p0gnt, machinery, tVO|o, app@rotua, means of transportation, and all labor necessary to construct and complete within the time |imita, the specified Work covered by the Contract Documents for the Project entitled.; Bid' -'No: 18.20'009 Title!'`',^ . `'h8W.24m'�,«eOue'.NW`250 AvqeUUe' and NW 32nu Street Road Improvements, D1,r,Project B-30723 ' The Bidder also egreaaAufurnish iTedPerformance Bond and Payment Bond oralternative form of security, ifpe��.by. the Ch'formot|esathan t6e.tota|bid price plus alternates, ifany, and to furnish the r8qUin8d,Cg`d|f1note(a)Of'|O�U��Uce. ` ' -'.�.^�� The undersigned ftirithermguaaothot�he,Bid Guaranty.,qc.pompanying the bid shall be forfeited if Bidder fails to execute said CoUdr8ot and falls tOfurnish the required Performance 8ODd and PoynOeOL 8VOd an well aGthe [eqVi[4berifi8ate(s)0f'|OBUFanc.ewithin fifteen (15)calendar days after being notified ofthe award ofthe Contract. In the event of arithrnetical errors, the Bidder agrees.that these errors are errors that may be corrected by the City. In the event bf`a`d|scrapan o`"bebwee'Dthe price bid in'figW[ea and the price bid in words, the price in words shall govern, Bidder ,agrees that any unit price listed in the bid is to be m.ultiplied by the stated quantity requirements |Oorder tu'grrivest the total. '/ Note: Bidders are bidding on estimated quantities for the purpose of determining the |UvVeut noapnDak/e and responsible Bidder. Payments will 'bornadebased onuD�prices ofactual quanUtias|OetaUed.VVh*re adiscrepancy exists between theuDdphcgand the extended price the unit phnevVU|prevoU. Where there is8discrepancy bsiwm9Dthenumehca|and $r�DU te�bideoont.thew[ittenbidamoVntvviUpnevmii NVV24mAve, NVV25mAve,*ohd�VV�2�G�ae 'TO ^^'' Road kn ` Project No. B-30723 ITBNo. 1Q2O-0OA Form SU must be submitted with Bidder's Bid. The SU Form can be found posted on the webpage with the bid documents. Scope of Work: The Work consists of, but is not limited to, the street reconstruction, milling and resurfacing, drainage installation, water main and water services installation, and replacement of curbs, driveways, Americans with Disabilities Act ("ADA") compliant ramps, pavement marking and signage. Utility Work will be funded by a Joint Project Agreement ("JPA") with Miami -Dade County Water and Sewer Department ("WASD"). Funding for Utility Work will be released after satisfactory inspection by WASD. The full Scope of Work is detailed in the Contract Documents. ITB No.: 19-20-009 - NW 24th Avenue, NW 25th Avenue, (The following MUST be filled in) A. Total Base Bid Construction Cost (City of Miami Project B-30723) B. Total Add Alternate Construction Cost (Water Main PCTS No, 14924) C. Combined Total Bid Construction Cost (Total Base Bid + Total Add Alternate) and NW 32ncl Street Road Improvements, 01 1,065,4crt, I( 33'1(006 4- ITTEN COMBINED TOTAL I CONSTRUCTION COST (GUARANTEED MAXIMUM PRICE/COST) $ One ii4/1110# 6/-thoette)-itiirdl 5rAr64Q Vousti-nb six cfoi4r_s (Total Base Bid + Total Add Alternate) AKA fiVe NW 24th Ave, NW 25'h Ave., and NW 32nd Street 79 ITB No. 19-20-009 Road Improvements Project No. B-30723 ` DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES, AND PARTS III AND IV (if Part 1: Listed below are the dates of issue for each Addendum received in connection with this bid: Addendump�Nu.1.Dated Addendum`No.2,1Dated //40 �m6� Addend uon!:No~3,Dated Addendum N�4,,Dated Part If: No,Adderid uOl�x�azane"fV.ydio�c.nnactonvviththis bid, Part III: Certifications � � The Bidder, by vlittu6 bf signing.4hoBidder isaware of the following, and shall comply with all th 1. Small Business; !Enterpriso("8BE)T<oquirementa Bidder certifies th mnd'OnUeratond�th��.rqn|s|o»yofC|tyofyN|gnliOrdinenoe13331,00dified as Section 18-80.W_Jth,.e'1-QNy'Owde,.^pertaini dn.theimoemeOt8t|on of a "Grna|| Business Enterprise" requirement, Evaluation ofBbjdeesreapona|veneem�o Ordinance Section 13331 shall be consideration in the award of Contract. 2. Non -Collusion,. .' Bidder certifies that the:ohly, persons interested inthi:�bid:are named herein; that no other person has any interest lnthis bk].oriOthe Contreuttu which thisbid pertains; that this bid is made without connection or arrangement with �the^ ''oJBiddec"C*rtifiasthe1th$ selected independent third -party verifier will verify and certify 0omDiignce, data, and, 'rts`hooeot|yxyndeuoV[ato|y. 3. Drug Free YVo[kbhace The undersigned Bidder hereby. certifies 'tkbtt.|t.xviU.provids;adrug-free workplace program by: , a) Publishing w"o.,".statomeot`i%Ufvino`ito..gmp|nyeeo. that the unlawful n0anUfaotV[e, distribVUoO, dispensing," -possession, oruse of contrVUadnubttenno is prohibited in the Bidder's workplace, and specif�ngi,'the.,actions that will,betaken against -employees for violations of such prohibition. b\ Est@b|iehin0'a continuing drug -free awarenessprogram toinform its employees about: U\ Thadangdrs�&drugabVa6lDthe workplace; (i|) The Bidders policy ofmaintaining adrug-free workplace; (UU Any. -available -drug counse|iOg, rahabi|itaUVn, and employee assistance programs; and (iv) The penalties thatm8ybe imposed upon employees for drug obWua violations occurring In the workplace, o\ Giving all e M"p|oyooaengaged iOperformance ofthe Contract ocopy Ofthe statement required by subparagraph /1>. d) Notifying a|l's»rnp|oyoes. in writing, of the statement required by subparagraph (1), that as a condition of.eOWp(myDzeOtoDa-coxe[8dContract, the employee shall: NVV24mAve, NVV25!� Avd:',:oodNVV3T*8tree `.-BO� Road | p ..�-_._--_--. • ADDENDUM No, 1 •December 10,2019 ';A.NVITATION TO BID Na.: 19-20-009 NW 24th Al:ZENtEi.N.W.,-.25AVENUE, AND NW 32" STREET ROAD :IMPROVEMENTS, D'i ".'..PROjtECT LI-30723 • •,•,„,• •.,. . TO: ALL PROSPECTIVE:BIDDERS: The following changesAdditions;tlariffp'atiorisaildier4le.lions amend the above -captioned Invitation to aid (ITB) and shall becprne)ianilategral,p9tilii:otthebld submitted and the Contract to be executed for NW 241" Avenue, NW 25thAVeltue,.Varid,NW3:2SgeoliAliad Improvements — D1 — ITB No.: 19.20.009 (the "Project"). The rOmOtilft.;:i:proN't,taismagare,VAOh4ffect and remain unchanged. Please note the contents herein and afflk. same folbedocuments you..have on hand. All attachments (if ariOarsdrallallAble #ittlidcOfficebf.Capital Improvements (OCI) webslte and are part of this AddendUM.. ..• . MODIFICATIONS The Did SubmissiontDueDate is here, "Iyextended ;to Monday, December 23, 2019 at 2:00 p.m. (ir NI% ' • THIS ADDENDUM ISWESSENTIALTORTIONNYF The CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Anne Perez, CP , I Iret r Department of ProcuMmerkritytifalami • ta ADDENDUM No. 2 0MJVIT4T0ONN TO DID No.: 19-2 0-009 NW 24m AVENUE, NW25m Ev AND NVV 32 NU STREET ROAD IMPROVEMENTS,DI PROJECT U~30723 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid (|TB) and shall become anintegral part ofthe bid submitted and the Contract tobsexecuted for NVV 201Avonue. NVV25mAvenue, and NVV33n«Street Road Improvements -D1 -|TB No.. 19-20-009 (the "Project"), The remaining provisions are.now in. effect and remain unchanged, Please DuLe the contents herein and affix same tothe documents You have onhand. All attachments (if any) are available on the Office of Capital Improvements (OCI) website and are part of this Addendum. MODIFICATIONS AJ The Bid Submission Due Date iShereby extended tOJanuary 6.20208t2:00 p.m. B\ Ge0teOhDica{Report attached. C\ Revision #1attached. REQUESTS FOR INFORMATION - SINCE ISSUANCE C>FITBNo. 19'20-OOS C)1. In the General Terms and Conditions, page 32. item 23 the bid noUg for a full-time Superintendent. |eitmandatory tobehJU-UnnH? Al. Yes. Q2. Dnyou have GeVtexchOica|Report? A2, Yes, please see attached Geoteuhn|oa|Report. Q3. What isthe thickness of the asphalt to be removed? A1 P|amme see E}eotochnica| Report for information requested, Field Testing -Pavement Cores, Page 8;Pavement Core No. C~1.Page 14;Pavement Core No, C'2.Page 15. ` ----- -------�- - -��------~- '~---~-� ' {34. The plans call for removal of drainage structures and pipe but it is very difficult toquantify the length of the French Drain and Solid Pipes, Can the City add an item for this job? A4. No, Removal of existing drainage ayehann to be included in the price for Pay item # 11U- 1-1 Clearing and Grubbing, Q6. Do the Curbs Type F and Valley Gutter have a base pad (4" limerock) or does the quantity of the base in the spreadsheet include the quantity under the curbs? Please advise, A6. The spreadsheet quantity includes the 4" limerock base under proposed Type F and Valley Gutters. 4.0.44.41U.444**114,44v44.1 4304 *41 41•411444 6.4 ..44* Q6. The drawings call for Planters, but apart from the concrete curbs, what does the Contractor need to do there? Place top soil and what else? A6. Special Details sheet in the plans require regrading and placement of sod in these areas. • 44444.n.......0444,0.4444.14.....* 07 What is the scope of work for the Item # 110-15 "Arborist Work?" A7. Arborist hall be present on site to monitor construction activities near existing trees and direct all root pruning/barrier and/or canopy trimming activities if necessary, 44.1 var• wawa.. 41.444a04441mtor0.4****41,0,4444*.Wirnan14443.4414Ww.es 08. The plans call for "Root Barrier Required" and It Is also shown In the detail but we cannot quantify the total length of the root barrier, Please advise, A8. Please see Revision #1 attached, Q9. Could the 'City add an Item for Temporary Striping? A9. Please see Revision #1 attached 1.44.-444W441414.44•44,14.4Y.rmxva,w(14.4.04144..4,14441•44v.3444....44.4.4.4444.4444suer4a444.4.40.44....4.41ww44...4441.4..1.4444.4.444.4.44,0.4444444 .0.441.141. 44.0. 4444.4444•44.4.44444 444.444444444,44va....4444...e.“44.444......44,.44.4,44.4.44. • 010, The drawings say '2" gas main to be construction by others." That means that the new gas main is to be constructed while we are on site? A10. The 2" gas main is to be constructed by others prior to Contractor mobilizing on to site. 1.1444144•1474.41 44.44441 ALM. Q11, What is the allowable contract time for this project? Alt In accordance with Section 3, Article 1 "Contract Time and Hours," "Contractor shall have three hundred (300) calendar days to achieve Substantial Completion from the date that the Notice to Proceed Is issued. Contractor shall have an additional thirty (30) calendar days to achieve Final Completion of the Contract." 141m...4.4w.lx•444404.m.4•.,—•**44444m44•44t*W447.4..*44,444...44.0 Q12. What is the budgeted contract amount / engineer's estimate for this project'? Al2. City: $1,009,000,00, Joint Participation Agreement ("JPA") with Miami -Dade Water and Sewer Department ("WASD"): $339,000.00, Total = Sl ,348,000.00. 04". 41.44,4,444414 44.40444.44.4...4444404444444411 013, The ITB for project B-30723 requires prospective bidders to have a minimum of five (5) years' experience under its current business name, with three (3) similar project completions within the last five (5) years, To bolster the competitive process, and increase the pool of prospective bidders, can this requirement be reduced to three (3) years of experience under its current business name with three (3) similar projects completed within the last three (3) years? Alternatively, can the experience and work history of key project and ownership personnel, gained during construction of projects prior to their involvement/employment with the prospective bidders be used to satisfy this requirement? A13. The City has decided not to change any of the requirements. 144144—.041V .4.4i .44.4 Wu in .444 W417414.14414•414,4144144444•4•4440 NW 24th Avenue, NW 26th Avenue, and NW 32nd Street ITB No, 19-20-009 Road Improvements, D1 Project B-30723 2 THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director Department of Procurement, City of Miami NW 241Avenue, NW 25th Avenue, and NW 32nd Street ITB No. 19-20-009 Road Improvements, D1 - Project B-30723 3 %.1 - (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, e) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (11) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee. f) 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. Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: a) 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. b) 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. c) 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 subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U,S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. *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 one hundred thousand dollars ($100,000) (per QMB). 5, Debarment, Susonsion 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; NW 24°' Ave, NW 250, Ave., and NW 32"d Street 81 ITB No. 19-20-009 Road Improvements Project No. B-30723 g) b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.B of this certification; and d) Have not, within a three (3) year period preceding this application, had one (1) or more public transactions (Federal, State, or local) terminated for cause or default. e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: 1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources, and expertise, or the ability to obtain them, to meet all contractual requirements; 2) Bidder does have a satisfactory record of performance; 3) Bidder does have a satisfactory record of integrity; 4) Bidder does possess qualified legal standing to Contract with the City; and 5) Bidder will comply in supplying all requested information connected with the inquiry concerning responsibility. f) Bidder has not had a termination, suspension, or cancellation of a City Contract, in whole or in part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the City. h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court. i) The Bidder shall provide any information requested by the Chief Procurement Officer or Procurement Officer concerning responsibility. If such contractual party falls to provide . the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: 1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; 2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or 3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami In writing. g) NW 24th Ave, NW 25'" Ave., and NW 32"d Street 82 ITB No. 19-20-009 Road Improvements Project No. B-30723 / 0. Local Workforce Participation Requirements The Bidder certifies k)the best Ofits knowledge and belief, that itand its principals: (a) Have read and understood the pRJYiGiOOG [fCity ofMiami Ordinance 13382. codified as Section 18-89 of the City Code pertaining to the Local Workforce PGdioip8UUD reqU|no[neDtG OD 8qU8dedy b88iS' . (b) Have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies and |sproperly licensed under the provisions VfF.G.454.471.473.o[401and who iGnot with the Contractor; and . (c) The selected third padv. who independently verifies compliance with this section, must have a minimum Oftwo /2\years Ufexperience 8erequired iDOrdinance No. 13332.codified 8sSection 18-880fthe City Code. Part IV. Certification — Trench Safety Act The Bidder, by \idVo ofsigning the Bid FonD, affirms that the 8|dd8[ is aware Of Section 553.60' e1. seq., Florida Statutes, the Trench Safety Act, GDU will comply with all applicable trench safety standards, Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors, The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various i1aDls of the bid and in the total bid phC8 are costs for complying with the Florida Trench 88fe[V Act, These items are a breakout of the respective items involving trenching and will not be paid separately, They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: OU8DUb/ D8anhc�iun Unit Price Extended Method . Pdoo -(�Lv 4/0-0 V/v,& 4",- W/i % , kK Total $ /1 36 WE Attached is a 8N Bond �� Cash [ l K�VO8y(}ndor[ l. UDCnOd�0P�|�rn�V008b|8L��FofCr�dU [ l y=" "» `^ ^, Treasurer's Check [ l, 88Ok O[8M[ l` Cashier's Check [ l. Bid Bond Voucher [ l or Certified Check[ l NW 201 Ave, NW 2511, Ave,and NW 32nd Street 83 ITBNo. 19-20'009 Road Improvements Project No. 8-30723 / No. Bonk of for the sum of Dollars ($ >. The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto including without limitations Port | through |V have been, nagd, undera¢ood, and agree to by signing and knlnw °'"'p="vy "'"Op"""" r Bidder Name: AAia Signature: PhDb*d Name/Title: , » 7 p: Email: Telephone No.: ` /1� Fax No.: .: Social Security Nn OuD& or Federal I.D. No. Bradstree t No. ,q1Vkt4 '�'/v�~ If a partnership, names and addresses of partners: (If applicable) | CERTIFICATE (JFAUTHORITY (IF CORPORATION) HEREBY CERTIFY that at a meeting of the Board of Directors of of . held on th~Z�'-) ^ayof ��Ay. e resolution was duly passed and adopted J �� authorizing (Name) ""�»''-~° t�mxw�' as (Title) /�n' �fLhecorporation tpexecute bids on behalf ofthe corporation and providing that his/her execution thoreof, attested by the secretary of the corporation, shall bathe official act and deed ofthe corporation, | further certify that said resolution remains infull force and effect. 14 . o corporation organized and existing under the laws of the State �m |NVV|TNE38VVHEREOF.|have hemuntoset myhand this �^'.day of Tk�APu.,2Od . Secretary: NVV24mAve, NVV251hAve,and NYY32" Street 84 IT8No. iB-2V-0OS 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. ., IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: 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 docurnents 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 , clay of , 20 Signed: Print: NW 241h Ave, NW 25t 1 Ave., and NW 32" Street 85 ITB No. 19-20-009 Roadimprovements ProjeCt:No. B-30723 NOTARIZATION STATE OF, F6(2-21:74) ) SS: COUNTY OF itt,-44-1-4v‘ .rekk) The foregoing instrument was acknOwledged before me this •Z day of 1 2.- - , 20 11, by Pi4J LORA- : who' .IS ersonally known to me or who has produced as:}identificatidn'and.whO.(did / did not) take an oath. SIGNATURE OF N,OTARY.PUBLIC STATE OF FLORI 7214-Ad -‘ Pei 174 e- PRINTED, STAMPEDORTYPED NAME OF NOTARYTUBLIC 4, NW 24th Ave, NW 25ttAve4. ard.NW 320d. Street Road Improvements Project No. 8-30723 • AditatughAtilljbotaumahmtablesTaurak, RAFAEL PEREZ Notary Public State of Florida Cdrnmission GG 285376 • .. ...'" My.Cornrn.Expires Dec 18, 2022 Bonded throtigh National Notary Assn. VIIPKIIPMP-Feir.4419.Z.MVPVIPMV..1 86 ITB No. 19-20-009 | BID BOND FORM (Page 1 of0 STATE OF Florida ) )SG: COUNTY 0FMiami-Dade \ KNOWN ALL PERSONS BYTHESE PRESENTS, that American Pipeline CnDstruOtiOD.LkC Frankenmuth Mutual as Principal, Insurance Company as Surety, are held and firmly bound unto the City of N1iaOi, in the penal sUrn of Five Percent UfAmount Bid dollars 5��Of/\00U�tBid (� ) lawful money 0fthe United States, for the -payment Ofwhich sum well and truly to be made, we bind ourselves, our heirs, eXacuto[o, ad0|O|St[oto[s and oVocessom, jointlyaOd oevmngUy. firmly bythese presents, THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated December 11 , 2019 , for: "o m �NWU1[�B No.-.No.-.K� 19~20~09 — NW2u� Ave" 25m NW ��Ave, and �� Street Road NOW THEREFORE: (a) If the Principal shall not withdraw said bid within one hundred eighty (180) calendar days after date of opening the 880e, and shall within ten (10) calendar Uoye after the prescribed forms are presented to him for signature, enter into mwriUeO Contract with the City, in @cOovd8DcS 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 nfsuch Contract; nr /b\ In the event if the withdrawal of said bid within the period specified, or the failure to enter into such Contract and g|V8 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 [aqU|[ed Work and supplies, If the latter amount be in eXV8so Ofthe former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue, NVV24mAve, NVV250Avo.and NVVO2^ Street 87 IT8Nu 19-20-009 � Road Improvements � Project No. B-30723 , / BID BOND FORM (Page 2Of3) IN WITNESS YVHEREOF, the above bound parties have executed this instrument under their several seals, this 11th dayof D8C8r0h8[ ,2019 , 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, Pgrtnemhip, or Joint Venture, two 8DWitnesses are required. If Corporation, Secretary only will attest and affix seal) AnPer Attached Power nfAttorney (Surety Secretary) NVY24mAve, NVV25mAvo,and NVV32^ Street Road Improvements Project No, B-30723 PRINCIPAL: American Pipeline Construction, LLC (Name ofFirm) Affix Seal 4QO8GVV72AYe,Suite A. (Business Address) Miami, FL33155 (City/State/Zip Code) Fn3Ok8n[OUth Mutual Insurance Company (Corporate Surety) *nm G*a| " Jonathan A.Bumev|oh (Signature of Authorized Officer) Attumey-in-Fact (Ti#e) I Mutual AVeOU8 (Business Address) (City/State/Zip Code) 88 ITBNo. 18-2U-008 BID BOND FORM (Page 3 Of3) CERTIFICATE ASTQCORPORATE PRINCIPAL Secretary of the Corporation .oertify that |amthe named as Principal in the within bond; that of said corporation; that | know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and inbehalf Vfsaid corporation bvauthority ofits governing body. (Corporate Sea]) STATE OF COUNTY OF CITY OF Before me, a Notary Public duly commissioned, and qualified, personally appeared Jonathan A. Bursevich to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the Frankenmuth Mutual Insurance Company and that he/she has been authorized by them to exeouha 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 11 th day of December INSTRUCTIONS: Bid Bonds must be accompanied bva Power ofAttorney, in compliance with Instructions to Bidders, Notary P . tate of Florida at Large My Commission Expires� 12/07/2021 .2019 . L111a Rafforday CVmNb8ND# GG160408 �� Expires: December t2021 NVV24*Ave, NVV2SmAve,and NVV32" Street Road Improvements Project No. e`30723 89 FRANJNM.JTH MUTUAL INSURANCE COMPANY ,POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Fankenmiith Mutual Insurance Cotnpany ; (the "Company"), a corporation duly organized and existing under the laws ofthe State of Michigan having its principal:office at l Mutual. Avenue, Frankenmuth, Michigan 48787, does hereby nominate, constitute and appoint: Warren M. Alter, Jonathan A. Bursevich, David T. Satinet Dawn. Auspitz Their true and lawful attorney(s)-in-fact, each in their separate capacity if more than one is natted above, to make, execute, seal, acknowledge and deliver any and all bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty Insurance, provided, however, that the penal sum of any one such instrument shall not exceed the sum of Fifty Million nod 00/100 Dollars (S50,000,000) This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of Frankenanuth,Mutual Insurance Company: "RESOLVED that the President, SerilOr.Viee.President or Vice`Piesident and each of them under their' respective ; designations; hereby isautharized to 'ext cttte powers of attorney, and''sw,h autl oiity"cari be executed` -by use of facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifying the attorney(s) named in the given power of attorney, to execute on behalf of, and acknowledge as the act and deed of Frankenmuth Mutual' Insurance Corpany:an all bonds, contracts and undertakings_ of suretyship, and to affix the corporate seal • thereto,' IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this loth day of ptember, 2018, Frankertnmth :Mut Frederick A. Edmond, Jr., President. -and :Chief;Operatin 3TATEOx IYIIC-IIGAN CO-614TY;Ott' SAGI,)ti`+SW ) Sworn to before me, a Notary Public in the State of Michigan, by Frederick A. Edmond, dr., to me personally known to be the individual and officer described in, and who executed the preceding instrument, deposed and said the Corporate Seal and his signature; as Officer were affixed is in full force and effect as of this date IN WITNESS WHEREOF, I have set my hand and affixed the Seal of the Company anti subscribed to said instrument by the authority ofthe Cornpany. IN TESTIMONY WiMIEREOF, I have set iny hand, and affixed my Official pianne`I . Voss;'Notary Public Saginaw County, State of Miehigen My Commission ExpiresJuly23;;2024 I, the undersigned, Vice President of Frankenmuth Mutual Insurance Company, do hereby certify that the foregoing is a true, correct and complete copy of the:original. Power of Attorney; that said Power of Attorney has, not been revoked or rescinded and this l lthday of December Andrew H. Knudsen, Vice President ALL CORRESPONDENCE RELAT ff) TO BOND VALIDATION AND/OR A CLAIM S110 UILD BE DIRECTED TO THE DIRECTOR OF SURETY, 701 US ROUTE ONE, SUITE I, YARMOUTH, ME 04096 QUESTIONNAIRE This completed form nnUmt be submitted with the bid, The City may, at its sole discretion, require that the Bidder submit adc6tional 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 UoP~ responsive. Additional pages may be used following the same format and numbering. Bvsubmitting its bid, the Bidder certifies the truth and accuracy 0fall information contained herein, A. Business Information I a) flow many years has Bidder been in business under its current name and ownership? Professional Licenses/Certifications (include name and number)* Issuance Date � ^ll � ,�/^f" \«��*�0^1 / /t -)/ zp�/\ CD C \2,ZX " 5876 efu 00 Mlz;l� (*inGlUde active certifications of small business enterprise and narmmcertifying entity) b) Date Bidder licensed by Dept. of Professional Regulation: �� 0\Qualified Business License: Yes ` y NoFl If Yes, Date |oGued / ��/yY�` �� d)VVhatiaBidder's business? +'7\ /w�� u��\ag ��V\��^J�>��L L ��/,^~° (This answer should uoLpouific.For example: pawno.U�|nano.suhm8u.interior renovativng. e\Name 0fQualifier, license number, and relationship t0Bidder: . . . -' / - . '/ ./ '- . wdn f) Names of previous Qualifiers during the past five (5) years including, license DUnnb8rs. no|obonoh|pLoBidder and years aoqualifier for the Bidder. L- 2. Name and Licenses Ufany prior noDlp3nies� Name of Company Al/ License No. 3, Type of Business Entity: -lCorpo[ad0O Ej"S"Corporation LL.0 FlSole Pr0pheb}FShip El Other: (Corporations will bvrequired mv�vdownf�.hoi,vu,nvmmresolution prior woxvcuhnUnContract) NVV24mAve, NVV25*Ava..and NVV32" Street 08 [O3Nu. 19-20-000 Road improvements Project No. B'30723 Issuance Date 4. Business Entity Ownership: 8\ Identify all owners of the Business EDdty, Name Title O&o|ownership A � �f�,' -- ' ~ ~~ ' o1"4_ L� b) Is any owner identified above an owner in another company? — Yes & No If yes, identify the name of the owner, other company names, and % ownership o\ Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (Check applicable boxes and for Other pmvldespecific levels ofauthority) Name Title M�� "w��h�� =^— Explanation for Other: Signatory Authority All Cost No -Cost Other [— — [— '— — '- U �� —1 —' [— `— _ (Note: "All" refers to any type o/document Including but not |hndod to Contraots, amandmont, change, pmp000| requests (C]PR), change orders(CO), notices, claims, disputes, et(-,.^Cost"refers to CPRo. GJo. No+motmfers to RF|v.Notices, and other similar documents) 5. Employee Information: _31ATotal No.of Employees: pf�- Number of Managerial/Admin. Employees: Number ofTrades Personnel and total number per classification: (Apprentices must be listed separately for each classification) L°^ How many employees are working under H2Bv!saS? NVV24mAve, NVV2GmAvo,and NVV32^ Street 91 Road Improvements Project No, B-30723 |TBNo. i0-20-0OQ 6, Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: Alo 7, Insurance and Bond Information: a) Insurance Carrier name and address: Joe_ Afifr1Arc4 b) Insurance Contact Name, telephone, and e-mail: c) Insurance Experience Modification Rating (EMR): ifz.z /4-14-ii-dtkoe (If no EMR rating please explain why) d) Number of Insurance Claims paid out in last five (5) years and their corresponding value: e) Bond Carrier name and address: ../eZ f) Bond Carrier Contact Name, telephone, and e-mail: Je ,s+61-ckea g) Number of Bond Claims paid out in last five (5) years and their corresponding value: NW 24th Ave, NW 25th Ave., and NW 32nd Street 92 ITB No. 19-20-009 Road Improvements Project No. B-30723 8. Have any claims lawsuits been file against the Bidder in the past five (5) years? If yes, identify all Bidder has either settled or an adverse judgment has been issued against Bidder, Identify the year, basis for the claim or judgment, and sgU|e[n8Ot UD|eaG the V@|Ue of the settlement is covered by 8 written confidentiality agreement. S. TOthe best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under investigation by any law enforcement agency or public entity? If yes, provide details: ~^ . 10. Has Bidder been assessed liquidated damages or defaulted on a Project in the past five (5) years? Yes 11 No If yes, provide an attachment that provides an explanation of the Project. 11. Has Bidder been Cited fOr any OSHA Vio|8UoDS in the past five (5) years? If yes, D|83se provide an attachment including all details on each citation, '~ ~ � - . 12. Provide an attachment listing all of the equipment, with a value of five thousand dollars ($5,000) or greater, owned by the Bidder. B. Project Management and Subcontract Details 1. Bidder's Project Manager for this Project: 8\Na0e� /�»va) / � .41 b) Years employed by Bidder: d LiC seS8Certif!cotionm: d\Last three (3) Projects yiUhihocompanyincjud|ngro|e.OoOpe4fVVork.andva|uo: k NVV24mAve, NVV25mAve.and NYV32" Street Road Improvements Project No, B-30723 03 OBNo. 19-20-009 2, Subcontractors: Name Trade % of Work License No. Certification* CAM 6-VD C4) (cc,- c) /-1-041(Ey g-/v6-/ 1/4- Cf7OVNI2aA /scS Mu(' /2.0A-0 r2vAbtir-pt1&ylv11 luTrs- PN-.)-444F-fst 1,Acktx(1..) S 6 5 Aire-a(ctel-DE (*active certifications of small business enterprise and narne of certifying entity) 3. Scope of Physical Labor Construction Work to be performed by Bidder and the corresponding percentage of the Work: (This does not include such Reins as insurance * bonds, dumpsters, trailers, and other similar non - construction Work items) fqe AvAiroN 1)04,1 f\JA-6- ekrtz-fiv,)01-1. tc- \miscrmix UAIN , cuaretel, \ A- A-4 cramg,3 /NE cA)6 61/2EM 2E3mOvAt- 60 NW 24e Ave, NW 25(h Ave., and NW 32" Street 94 ITB No. 19-20-009 Road Improvements Project No. B-30723 Value of Project: City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal 'or greater scope, size, and complexity that best represent its ability to complete the "Project." The reference provided below should be for one (1) project and must.comply with the requirements listed in the Notice to Contractors, FAILURE TO COMPLETE AND SUBMIT THIS FORM FOR THE AMOUNT OF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORSI WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. Name of General Contractor (GC): ft44I(g?a)-11g. (8,14,4tae-Lkva GC4 The above referenced GC is responding to a bid that has been Issued by the City of Miami. The City requires that the GC provide written references with their bid submission. By furnishing you with this document, the GC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Jet Scope of Referenced Work: 44-ei,Geoe ction be Compkt Did the Scope involve road construction? $ Od0/ SW 4' Yes Ej No Date Completed: loskf it)1 Percentage of physical construction Work self -performed by the GC: 1 Was Project completed on time and within budget: Yes E. No If no, was the GC at fault, contributed to the delay, or increased cost? rj Yes If yes, please provide details: Comments: kAdittekk imhy'R -e-Ncc ii-4/0-t-t% Name of Project Owner: 4 5giockpate, ft zoz$ j No arigiriliMSMiatfi Title: 2-301- t0)(61 am-ce Ce;kleti iA)Ahr i-t ada 744.147444 t 2— i)fe• DCF' Telephone: 4d../19A) (od E-mail: itelj-e-ti (e.„;, ‘20,4* 7,v. NW 24"' Ave, NW 25th Ave„ and NW 32nd Street Road Improvements Project No. B-30723 95 ITB No. 19-20-009 OFFICE LOCATION AFFIDAVIT (Page 1of3) Please type o, print clearly. This Affidavit must be completed |nfull, signed, and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE L|K0|T8 OF THE CITY OF K8|AK8| AS DEFINED BYCITY CODE SECTION 1D-73. A-iitgAICAM 4gb�o�_ - a6 Legal Name ofFirm: Entity Type: (Check One) D Partnership n Sole ProprietorshipxCorporation Corporation Document No: Occupational License No: Date Established 1-121 Date of Issuance ="=~ PRESENT Street Addrosa' J�� u� ' ~t �� ^ -°^� Pt, ~ Z ttt is location: City: State: How lo a PREVIOUS Street Address: City: State: How long edthke location: According to Section 18-73 of the City of Miami Code, as amended: City ofMiami "Local Office" means obusiness within the City, which nnaatsall ofthe following criteria: 1\ Has had a staffed and MXad office or distribution point, operating within a permanent structure with a verifiable street address that io located within the corporate Unl8&nfthe City for a nn|n|rDV0 of twelve (12) months immediately preceding to the date bids were received for the purchase orContract okissue. For purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimurn of forty (40) hours per calendar week, whether as a duly authorized employee, off icer, principal, .or owner of the local business. A post office box shall not be sufficient to constitute a local office within the City; and 2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, fora term of no less than twelve (12) montha, been in effect for no |eao than the twelve (12) months immediately preceding the date bids were nuneiV8d, and be available for review and approval by the Chief Procurement Officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve /12\months immediately preceding the date bids were received, aprior fully -executed lease within the corporate limits Vfthe City that documents, iDwriting, coDt|Ou0UebVsi0essreaideDcawi(hiO the corporate limits of the City for a term of no |eon than twelve (12) months immediately preceding the date bids were received shall he acceptable to satisfy the requirements of this section, and ah3|| be available for review and approval by the Chief Procurement Officer orits designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and 8ppr0V8| by the Chief Procurement Officer orits designee; L0d NW 241h Ave, NW251h Ave..and NW 32ndGtreet 96 0BNo. 1�0-0O9 Road Improvements OFFICE LOCATION AFFIDAVIT (Page 2 of 3) 3) Has had for a minimum of twelve (12) months immediately preceding the date bids were received for the purchase or Contract at issue, a current Business Tax Receipt issued by both the City and Miami -Dade County, if applicable; and 4) Has had, for a minimum of twelve (12) months immediately preceding the date bids were received for the purchase or Contract at issue, any license or certificate of competency and certificate of use required by either the City or Miami -Dade County that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification be borne by the business applicant submitting a bid. 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.lesponsivey 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," The intention.dithissection is to benefit local bona fide 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 by this section. APP0 2-4-44 Print Name "Title Authorized Signature Print Name Title Authorized Signature NW 24th Ave;: NW 250' Ave.,. and NW 32nd Street 97 ITB No. 19-20-009 Road improvements Project No.. B-30723 OFFICE LOCATION AFFIDAVIT (Page 3 of 3) (Must be signed by the corporate secretary of a Corporation or one (1) general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA ) SS: COUNTY OF MIAM1-DADE That: tw‘d L.,144 personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. Ieafddltwallaxgnatamat.ettraazafik.141neINai RAFAEL PEREZ S.'?,: ..k.,...fr',. Notary Public - State of Florida '..N.,,,ISjie,, Commission If GG 285376 '..::, ............... My Comm, Expires Dec 18, 2027. Bonded through National Notary Assn, ,A&P.er.orqs..x6ip,-apx,sur5.03e.orr,nxi.vorp, NOTARY PUBLIC: y Commission Expires: Aec-431 2473' Please submit with Bid Form copies of Occupational License, City of Miami and Mierni-Dade County Business Licenses, professional and/or trade License to verify local office preference. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return, and any other documents(s) to verify the location of the firm's office. NW 241n Ave, NW 25th Ave,, and NW 3206 Street 98 ITB No. 19-20-009 Road Improvements Project No. B-30723 � r� ` CERTIFICATE []FCOMPLIANCE CITY CODE SECTIONS 18'87'18-8S'AND 1O42O 8_�� i -f-�«'�� |. ��0q�n� " ~`' �� i) |' '`~---� °~°°v4 of AxtqAuyv � � hereby certify that, am the (President/Secretary or Principal) Olt��/ ew,I//»�i ,-dde�sFinn)' . '. iU | have read Sections 8-8and 18'12Oofthe City ofMiami Procurement Code; a. '/Biddeh' . ` 6V(,$re_ / W ''eoknnvedQea that the awarded.dontract has an on -site labor component greater than or equal to twenty-five percent. the refore' rees toassign eminimum of fifteen percent (15%) of the i'Contraotva|u6 t6`firms 'currently certified by Miami -Dade County as 8meU BVainoon ` '-EOb6rprise('�SBE"); `^ � OR ' --' ` r~�'" �«/�f�^/ b - *��0�� /W� ��'^-�/w- h | ` (Bidder) ' �'�- -- /�/rp^° hereby ocertified bvK8ianni- ��'� ' DadeI}ouptycsa��BE�Dnand will self -perform tomeet the minimum fifteen percent (15%) S8Erequiremant. An active - ofthe Bidder's SBEcertification must beincluded |nthe bid document. ' iii> (Biddei //rhoreby agrees to comply with the Local Workforce Participation 'Requirements stated in Section 18'89 of the City of M|8Oli Procurement Code iv) (Bidder) enabv agrees to comply with the Res punoib|e"Wages bnd Benefits Requirements stated in Section 18'120 of the City of Miami Procurement -Code. V) /BNdmi , /cc_ X��& pursuant bJ1tenl11U`above, to.certifiedSBEfirms who maintain a"Local Offica".andefined in CdxCode-SectiroD18-73; STATE OF F(V9*jpA � ) COUNTY OF -QAO�> Before Notory Public -duly opmnOissiOOed, qualified and acting parm)Ua|ky, C°o^A tomawell known, who being bvnle first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance with Sections 18'87. 18'80 @Dd.18^120 Vfthe City of K8innl| Procurement Code on behalf of Bidder named therein in favor of the City. Subscribed and sworn t0before n8ethis day of Bonded by: NW 241� Ave.NVV 25t� Ave.,;'and M02110Street Road Improvements Project No. B-30723 Notary fqiI51Tc-,State of Florida at Large 99 o. 19-20-009 REQUIRE I SUBMISSION WITH BIDDER'S BID LOCAL WORKFORCE PARTICIPATION DID QUESTION: List all Contracts Bidder has performed for the City of Miami in the past three (3) years, which included Local Workforce Participation requirements, The City will review all Contracts Bidder has performed for the City in the past three (3) years in accordance with Section 18-89 of the City Code, which requires that "the City shall consider the Bidder's adherence to the City's Local Workforce Participation requirements within the past three (3) years in making any future Contract awards. The solicitation documents will include the Contractor's past compliance with these requirements of the City." As such, the Bidder must list and describe all Work performed for the City of Miami in the past three (3) years. Please provide factually detailed responses for each Project, and address each of the important items below, (I) Contract number, name and brief description of Work; (ii) • Total dollar value of the Contract; (iii) Dates covering the term of the Contract; (iv) Percentage of Local Workforce Participation requirements met by Bidder; (v) Breakdown of local workforce used to meet the requirements (number of persons broken down by trade and category); (vi) If Bidder's company was unable to meet the Local Workforce Participation requirements, explain the reasons why, and what efforts, If any, were utilized by Bidder to attempt to meet these requirements; (vii) If the Project was over one million dollars ($1,000,000) did Bidder hold a job fair(s), if yes, provide the date and location of the job fair(s), number of attendees; (viii) Was a third party hired to verify and certify compliance with the Local Workforce Participation requirements, if yes were all requirements rnet, what was the third party's name and provide their current contact information; (ix) Was the five percent (5%) retainage fee released to Bidder by the City upon Project completion, and (x) If Bidder did not meet the goals, did you seek a waiver of the program requirements from any City officials? Please explain in detail. NW 241 Ave, NW 251h Ave., and NW 32"d Street 100 ITB No. 19-20-009 Road Improvements Project No. B-30723 SECTION CONTRACT EXECUTION FORMS THIS Contract # made this day cf inthe year 2O in thea0oVntof$CUchhe[8toept8r,teXtbvondbebweenTHEC|TYOFM|AK4|.FLOR|DA.heroiOaftor oa||odthe"C|TY."andC|ickheyetoeOtS[teXt,heneinafteruaUedtha^Contnadnc" |NWITNESS VVHEREOF ^ parties have execuhydUh�Ao Agreement of d d ��t .nlepe ee ve ,r�em* as e day year above written. WITNESS/ATTEST ^ .aFlorida corporation � Signature Signature Print Name, Title ' �' ''� �' �^'Print Name, Title ofAuthorized Officer orOfficial CONTRACTOR Secretary (Affirm Contractor Sea[�ovaUa�� . . , .`� (CORPORATE SEAL) APPROVED A3TO%INSURANCE APPROVED A8TOLEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie 8harpe/Director Victoria K86Ddez.City Attorney RiakyWanagomecd,Dkepodment ATTEST: ~ CITY OFDUU\W1|.8municipal corporation nf the State of Florida Todd B. HoDnoO, City.Clerh E0UioT. GoDz6|ez, Ph.D., City Manage[ NYV24mAve, NVY25T Awn�and NW 32nd Street 101 Road Improvements. . � Project NuB'30n2x nBNo. 1g-20-U88 CORPORATE RESOLUTION WHEREAS, desires to enter into a Contract with the City of Miami for the purpose of performing the Work described in the Contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (Type Title of Officer) , is hereby authorized and instructed to enter into (Type Name of Officer) a Contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of 20 Corporate Secretary (Corporate Seal) NW 240 Ave, NW 25th Ave,, and NW 32nd Street 102 ITB No. 19-20••009 Road Improvements Project No. B••30723 � x «` ° FORM QFPERFORMANCE BOND (Page 1of2) BY THIS BOND, We . as Principal, hereinafter called Contractor, and .aeSurety, are bound tothe City ofMiami, Florida, as (Jb|igoe, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind the0aa|ves, their heirs, eXeou±ora, ad0inietratona, successors and assigns, jointly and oeva[aUy. WHEREAS, Contractor has by written agreement entered into a Contract, bid/Contract ITB No: 19- 20-009 x awarded the day of 120 , with City which Contract Documents are by reference incorporated herein and mode a pail 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 OPTHIS BOND inthat ifContractor: 1. Performs the Contract between Conti -actor and City for construction of . the Contract being made a part of this Bond by reference, at the times and in the manner prescribed inthe Contract; and 2. Pays City all |oeeea' liquidated danlogea, exponaea, costs and attorney'a fees including appellate proceedings, that City eustains as G nosU|t of default by Contractor Linder the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the tirne specified in the Contract; |ontnact' then THIS BOND |GVOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT 4� Whenever Contractor shall be, and declared bvCity to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, orshall promptly: 4.1. Complete the Project inoocon1mnoevviththatermsandoonditiunSVfthaCoDt[ootDocumeOtG; or 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest naGpuDG|b|o Bidd8r, or. ifCity elects, upon determination byCity and Surety jointly ofthe 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 SVocean|nn of defaults VOdg[ the Contract or Contracts of completion o[[aOgod under this paragraph) sufficient funds tV pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the 8V[8ty may be liable he[eunder, the aOoVWDt set forth in the first NW 240 Ave, NW 251h Ave., and NW 32110 Street 103 |TB No.1�0-00O FORM OFPERFORMANCE BOND (Page 2of2) paragraph hereof. The term "balance of the Contract Price," an used in this parognaph, aheU mean the total amount payable by City to Contractor under the Contract and any amendments Mherebo.Jeas-the amount properly paid bvCity tnContractor, No right of action ahaU accrue on this bond to nrfor the use of any person or corporation other than City named herein. � The Surety harenotice nfand agrees that any changes inmunder the Contract Documents and compliance ornoncom, pliance.- with -.any -formalities .-connected with the Contract or the changes does not affect Surety's obligation..under this Band. Signed ' day 2O �� __ � —~ . __- . (Name of Corporation) (Secretary) ` By (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE, I OF: INSURANCE COMPANY: By: (Agent and Attorney-! n-Fact) (City/State/Zip Code) Telephone No.: NVV24mAve, NVV23*AwB, -and NKV3210,'Strmet �`' '.'104 ITBNo. 192O-000 Road Improvements . FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, ITB. No, 19-20-009 NW 24th Ave, NW 25th Ave,:. and NW 32" Street Road Improvements, D1 — Project B-30723, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION'OF'.THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceeding's, that.City':sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all Tabor, materials, and suppii:es'used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTORS OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2,1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) calendar days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. NW 24th Ave, NW 2514.Avel, sand NW 32nd Street 105 ITB No. 19-20-009 Road Improvements Project No. B-30723 FORM OFPAYMENT BOND (Page 2of2) 2.3. No action for the labor, materials, msupplies may be instituted against Contractor mthe Surety unless the notices stated under the preceding conditions (2,1) and (2.2) have been given, 2.4. Anyaction underthis Bond must be instituted in accordancewith the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2). or Section 05-11, Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the ContractDocuments and oonnpUGnoo or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation Linder this Bond. Signed and sealed this day of 1 20_, WITNESSES: (Name ofCorporation) (Secretary) By: (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By(Agent and Attorney -in -Fact) : (City/State/Zip Code) Teleohon*No.: NVV24*Ave, NYV2S*Avn.and NYV32" Street 106 |TBNo. 1g-20-UOQ Road Improvements Project No. 8-3V723 [ .uertify that |omthe Secretary ofthe corporation named as Principal inthe foregoing Performance and Payment Bond (PedbmnonCo Bond and Payment Bond); that . who signed the Bond(a)unbehalf ofthe Principal, was then of said corporation; that | know his/her signature; and hie/her signature thereto is genuine; and that said Bond(s) was kwooa\ duly signad, aeo|od and attested to on behalf of said corporation by authority of its governing body. S(on behalf of) Corporation STATE OF \ \SS: COUNTY OF ) Before ma. a Notary Public dUk/ comOnisnioOed, qualified and acting pe[anOo|k/ appeared to me well kOown, who being by 0e first duly ewuOl upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and sworn to before me this day of 20 My commission expires'. Notary Public, State ofFlorida at Large Bonded by NVV24*Ave, NVV25wAve.and NVV32ndStreet 107 |TBNo. 19-20-009 Road Improvements - Project .,~~,~-^~ PERFORMANCE AND PAYMENT GUARANTY FORM -UNCONDITIONAL/IRREVOCABLE LETTER (JFCREDIT (Page 1Vf2) Date ofIssue: Issuing Benk'y No.: Beneficlarv: Applicant: City ofMiami 4448VV2n't Avenue Miami, Florida 33130 Amount (in United States Funds) (Date) Bid/ControctNo.: VVehereby authorize you tVdraw un (Benk.Issuer name) at bvorder Ofand (Branch Address) for the account of (Contractor, applicant, customer) up to an aggregate arnount, in United States Funds, of available by your drafts at sight, accompanied by: 1. Asigned statementfrom the City Manager or his authorized designee, thatthe drawing is due to default in performance of certain obligations on the pert of (Contractor, app|ivant, customer) agreed upon by and between the City nfMiami, Florida and (CVDtrentor, epp|ioent, nuntomeh, pursuant to Bid/Contract No. for (narne of Project) and Section 265,05, Florida Statutes. Drafts must bedrawn and negotiated not later than (Expiration date) �241h Ave, NVV 251h Ave., and NW 32nd Street 108 ITBNo. 1�0-00B PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER C]FCREDIT (Paga20f2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank narne), dated This Letter ofCredit shall barenewed for successive periods ofone (1) year each unless w/gprovide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty /80\ calendar 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 nfthe Contractor's obligations will bedeemed adefault. This Letter of Credit sets forth in full the terms of our VndertoNng, and such undertaking eheU 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 bedeemed toincorporate herein bvreference any document, instrument, 8ragreement. -VVa hereby agree with the drewera, 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 drovvee. Obligations under this Letter of Credit shall be released one U\year after the Final Completion ofthe Project by the (Contractor, applicant, customer) This Credit is Subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber ofCommerce (1983 revision), Publication No. 500 and tothe provisions of Florida |avv If conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If conflict between the law ofanother state or country and Florida law should arise, Florida law shall prevail. Authorized Signature NVV24wAve, NVV2SmAvo.and NVV32" Street 109 ITRNo. 1S-20-009 FORM A INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Bidder is submitting as a joint venture, please be advised that these two (2) pages MUST be completed, and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone Number of joint venture: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision - making, including, but not limited to, those with prime responsibility for: a) Financial decisions: b) Management decisions, such as: 1) Estimating: 2) Marketing and sales: 3) Hiring and firing of management personnel: 4) Purchasing of major items or supplies: c) Supervision of field operations: NOTE: If, after filing this foam 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 City in writing. NW 241h Ave, NW 25'h Ave., and NW 32"d Street 110 ITB No. 19-20-009 Road Improvements Project No. B-30723 AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include all 0absha| information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venture in the undertaking. FUrther, the undersigned covenant and agree to provide tothe City ourront, no[np|eha, and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in aDy ofthe joint venture relevant tothe joint venture, by authorized representatives ofthe City. Any material misrepresentation will begrounds for terminating any Contract which may be awarded and for initiating action under Federal or State |ewm concerning false statements." Name of Name of Bidder Bidder: Signature: Signature: Name: Nome: Title: Title: Date: Date: NVV24mAve, NVV25mAve.and NVV32" Street 111 |T8No. i3-2O-0Vg Road INo AMERICAN ICI PIPELINE CONSTRUCTION LLC 4908 SW 72 AVE SUITE A MIAMI FL, 33155 Phone: (305) 859-3371 LICENSES A ! CE '! TIFICATION S C?H.Par nient_n Stale r)j ,,a i? /3r i ( (IT ::torrm. Department of Slate / Division of Corporations / Search Records / Detail By Document Number / DIVISION OF CORPORATIONS Detail by Entity Name Florida Limited Liability Company AMERICAN PIPELINE CONSTRUCTION, LLC Filhin Information Document Number L14000151825 FEI/EIN Number 47-1966508 Date Filed 09/29/2014 Effective Date 10/01/2014 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 07/30/2019 Event Effective Date NONE Principal Address 4908 SW 72 AVE SUITE A MIAMI, FL 33155 Changed: 07/30/2019 Mailing Address 1222 WALLACE ST CORAL GABLES, FL 33134 Registered Agent Name & Address LUNA, ANDRES 1222 WALLACE ST CORAL GABLES, FL 33134 horized Person(s) ©etaII Name & Address Title MANAGING PARTNER ' LUNA, ANDRES 1222 WALLACE ST CORAL GABLES, FL 33134 Title AM B R VIEIRA, MARCIO CORPAS 12340 MEMORIAL HIGHWAY TAMPA, FL 33635 Annual Reports Report Year Filed Date 2017 04/28/2017 2018 03/23/2018 2019 04/15/2019 Document 1111KleS 07/3IArfl P 07/30/2010 — CORLCDSMEM 04/10/2010 — ANNUAL REPORJ 03/23/2010 — ANMAL REPORT 04/25017 — ANNUAL fiLefiR1 03/07/201 6 ANNU View mage in PDF rennet Vlew Image In PDF format View Image in PDI, format Vlew Image in PDF formal View Image in PDF fommt E OR View image In PDF formal 02/12/20 5 UAL P RT 09129/2014 — Florida Limited Liobily View image In PDF format View Im P F format Florian Depottroont of Stato, DiVt51011 of CO(POratiOln RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY ' *.._ DEPARTMENT MENT OF S TES9ONAL REGULATION CONSTRU r THE GENE ?ROVI S G BOARD UNDER THE UTES 2109 T3, 2020 Always verify licenses online at )1 Ji='ioridaLicense.com Do not after this document in any form. This is your license. 9t is unlawful for anyone c: z t wr the licensee to use this document. Florida STATE OF F? nRIDA usitsiEs&A FESSIONAL REGULATION a 3' 77, z 2Cier' Always verify Licenses Ghillie at ivgyFloridaLicense.cern Do not alter this document in any form. This is your license. A: is uniavvF!..:!'?,:::,r c.n the to u:ie this document. 010800 • Local Busirifess Tax. Receipt (Viiar i--:Dad.e County, 'State of Florida -THIS IS NOT A BILL .: 60''N6T PAY 7216534 BUSINESS NAME/LOCATION AMERICAN PIPELINE CONSTRUCTION LLC 4908 'SW 12Nr AVE STE A MIAMI EL 33155 OWNER AMERICAN PIPELINE CONSTRUCTION LLC C/O ANDRES LUNA MGR Wotkgr(s) I - OOU44$ RRCEIPT N0. 'RENEWAL 7600672 EXPIRES SEPTEMBER 30, 2020 Must bedisplayed at planeof b.UsIness Pursuant to County Code Chapter BA - Art, 9 & 1.0 SEC, TYPE OP BUSINESS '196 SPECIALTY ENGINEERING CONTRACTEYTMGOLL TOED CUC1226369 $75,00 09/26/2019 CREDITCARD-19-060.195 Tlds L000l eusineso Tax H000lpt only oonfirms payment of tho Lanai Business Tax, Tlto Ilooaipt is not n llosnso,• wont or a eertIllootlonofdto holdor'aquaiilloatioits, to do.iiusiness, Holdermust comply with 'any'Overnmontal or noneovotnmentai regulatory laws and rrequIrommns Whioh apply to the huslness, Tito R$CEIPT'NO, above must ha disployad•an all oommerolal vehlales'- Mionil-pads Code Soo ea-270 For more Information, visit • vww,miomidntlo.uuo/taxcolloator Local Business Tax Receipt Warr i-Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY' 718<1622 p.USINE$s'ivarur tecnriWN° AMERICAN PIPE LIN.E'.CONSTRUCTION LLC 4900 W 72NPAVE STE A MIAMI PL 3:1$5 OWNER AMERICAN PIPELINE'CONSTRUCT'I.ON LLC C/0 ANURES LUNA MGR: ERnEIPr No. RENEWAL 7462099� 6 EXPIRES SEPTEMBER 30, 2020 Must be display' arl of plaoe°of business Puruu Iut to Couety Code Chapter. BA - Art 9 & 10 SEQ,TYPnor BUSINESS 19G ;GENERAL BUILDING CONTRACTOR PnyMtNTEEaEIVfB CGC1522909 BYTAXnnuanTBR. $75.00 09/26/2019 CREDITCAR0-19-080195 -permit or a s oordffon Ion of the sp el floatians to of buutn business, Haider must oomply with any oo b nmo tal or non0duon,montal regulatory laws and requirements Whloh opply to tho business, Tim RECEIPT NO,agavo must Int displayed on all cotumerolel voliloles' Miand-patio Code Bea tia-276, For more itllonnatlon, vIshrovww,ndemidndo,nov/tpxsoileater mlanWxwmw Internal Services Department Small Business Development Miami, Florida 33128 T=-$ 6-3111r306-87 �160 February 01.2017 GBTNO: 16466 Approval Date; 1/9/2017 1)131-71 Mr, Andres Luna NNER|CANPIPELINE CONSTRUCTION, LLO 10117BVV6thSt Miami, FL83i74'U000 /\nnivwrsmryDwto�Annually onJanuary 0W Mlarnl-D,ade County Small Business Development (8131)), a division of the Internal Services Department (181)), is pleased to notify you that your firm Is oertifled under the Florida Unified Certification Program (UCP), YOUr firm rneets the eligibility requirements for certification as a Disadvantaged Business Enterprise (D.BE) In D13E certification Is contlnuous with no expiration date; however, firms are required to attest that there are no changes via the No Change. Declaration form annually on the firm's anniversary date to remain certified, You will be notIfledof your annual responsibilities In advance of the Anniversary Date listed above. You must submit the annual No Change Doclaration form no later than the Anniversary Date to maintain. your eligibility, Your firm will _-_ listed ..' the --_ DBE Directory '.—''an _-_ accessed -through ..—.._.-Department of Transportation's website; bttp,.n ltyOffI oe D13E certification Is NOT a.guarantee ufwork, but it anah|an the Orn to compete for and perform contract work on all USDOT Federal Aid (FAA. FTAmnd FHVVA) pnojmotG In Florida as DBEVontnmutor. sub-uoDtnaotor. consultant, nub-coU$u|tmDtormaterial supplier, If at any time there Is a material change In your firm, you must advise this office bysworn affidavit and Supporting documentation within thirty (30) days, Changes Include, but are not limited to ownership, officers, directors, management, key personnel, scope of work performed, daily operations, on-golng business relationships with other firms, Individuals or the physical location of your fln-n. After ou ' r review, you will rebeive Instructions as to how you should proceed, If necessary. Failure to comply will result In action to remove your firm's DBE certification. Questions or concerns should be directed to this office by mail or telephone, Ournumber Is (305375 -3111 and fax number Is (306) 375-3160, ClaUdloub, Thompson, Section Chief Small Business Development Division Mr, Andres Luna AMERICAN PIPELINE CONSTRUCTION, LLC Cert No: 16458 February 01, 2017 Page 2 NAICS & Industry Title: (Your firm 1e eligible to compote for end perform work on all U$DOT Federal Ald protects throughout Florida rend may earn IOW or ACME credit for work performed in the following Orea3,) 23$I11S -NNW SIN418-FAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (DEC) 2381'Ie - NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (DBE) 238117 -NEW HOMING OPERATIVE BUILDERS (DBE) 20611G- RESIDENTIAL REMODRLSRS (DOE) 238210 • INDUSTRIAL BUILDING CONSTRUCTION (DBE) 237110 -WATER AND SEWER LINE AND RELATED BTRUCTURE9 CONSTRUCTION (DBE) 237310 HIGHWAY, $T03 9T, AND BRIDGE CONSTRUCTION (DBE) 237800.OTHER (HEAVY AND CIVIL ENGINEERING CONSTRUCTION (DOE) zest to -POURED CONCRETE FOUNDATION AND $TRUOTURE CONTRACTORS (DSO) 238)20 • ST'RUCTURAI. STEEL AND PROOASTCONORETU CONTRACTORS (DOG) 238810 -SITE PREPARATION CONTRACTORS (DBE) M IAMIOADE 0•411,,,e, mlainIdade,gov February 01, 2017 Mr. Andres Luna AM.ERICAN PIPELINE CONSTRUCTION, LLC 10117 SW 6th St Miami, FL 33174-0000 Dear Mr, Luna Internal Services Department Sinai' Business Development 111 NW 1 Street, 19th Floor Florldm 33128 T 305375.3111 F 300-378-3160 CERT NO: 10455 Approval Date: 1/9/2017 SE/CONS LEVEL 1 Expiration Date; 1/31/2020 Miami -Dade County Small Business Development (SBD), a division of the Internal Services Department (ISD) has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Miami -Dade County Small Business Enterprise Construotion Services (SBE/CONS) In accordance with section 10-33,02 of the code of Miami -Dade County. This (SBE/CONS) certification is valid for three years provided that you submit a "Continuing Eligibility Affidavit" on or before your anniversary date of (aivary 09 for the first and second year of the three year period. The affidavit must indicate any changes or no changes in your firm pertinent to your certification eligibility. The submittal of e "Continuing Eligibility Affidavit" annually with specific supporting documents on or before your Anniversary Date is required to maintain the three year certification, You will be notified of this responsibility in advance of the Anniversary Date, Failure to comply with the said responsibilities may result In ImMedlate action to decertify the firm, If at any time there Is a material change In the firm Including, but not limited to, ownership, officers, director, scope of work being performed, daily operations, affillation(s) with other businesses or the physical location of the firm, you must notify this Office in writing within (30) days, Notification should include supporting documentation:. You will receive timely instructions from this office as to how you should proceed, If necessary. This letter yvill be the onit. approval rtotlfication issued for thQ duration of your firm's three years certification. If the firm attains EnduatIon or becomes ineilsilble during the three year certification period, yQU will be nreperly notified, following an aciministratlye process that your firm's certification has bag remoyed pursuant to the code, Your oompany Is certified In the categories as listed below affording you the opportunity to bid and participate on contracts with Small Business Enterprise measures. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet oontraot goals. You can find the firm's up-to-date certification profile as well as all other certified firms on the Miami -Dade County internal Services Department, Small Business Development Certified Firms' Directory at the website hottpilwm.dem.idade,gpvienielibusinessicertifloatlee4=mmemp„ Thank you for your Interest in doing business with Miami -Dade County, Sincerely, Claudious Thompson, SBD Section Chief Small Business Development Division Mr. Andres Luna AMERICAN PIPELINE CONSTRUCTION, LLC Cent No: 16455 February 01, 2017 Page 2 CATEGORIES; (Your firm may bid or partIolpate an oontraots only undor thus0 oato<lorios) 236116 - Nt W SINGLI?.FAMII.Y HOUSING CONSTRUCTION (EXCEPT OPERATIVE. Sl1ILDERS) t0BWCONS) 266116 - NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT OPERATIVE BUILDERS) (80E/OONS) 200117 • NEW HOUSING OPERATIVE BUILDERS (SBE/CONS) 236110 - RESIDENTIAL REMODELFRS ($UEICON$) 260210 - INDUSTRIAL BUILDING CONB'fRUOTIQN (SEE/CONS) 230220 . COMMERCIAL ANC) INSTITUTIONAL BUILDING CONSTRUCTION (SBE?ICONS) 2.37410 • WATER AND SEWER LINE AND RELATED STRUCTURES CONSTRUCTION (SBE/CONE) 237310 • HIGHWAY, STREET, AND BRIDGE CONSTRUCTION (SEE/CONS) 237040.OTHER HEAVY AND CNIL ENGINEERING CONSTRUCTION (BBC/CONS) 234110. POURED CONCRETE I'OUNDATION AND STRUCTURE, CONTRACTORS (SEE/CONS) 230120 - STRUCTHRAL STEEL AND PIYEOAST CONCRETE CONTRACTORS (SBE/CONS) 230410. SITE PREPARATION CONTRACTORS (SDE/CONS) miamWode.go June 10.2019 Andres Luna AMER|CANPIPELINE CONSTRUCTION, LLO 1O1178VV6STREET M|AKJ[FL88174 Approval Date: April i2.201A'Disadvantaged Business Enterprise (DBE) Anniversary Date: January 31.2U20 Dear Andres Luna, Internal Services Department Small Business Development 111NW I Street, 10thFlou Miarril.Florida 33128 T3uS-375-3111 Miami -Dade County Small Business Deve|opinent (813D). a division of the |nte!na] Services DepartmentUSD\. is p|noaad to notify you that your firm is oed|Ued undeY the Florida Unified Certification Program (UCP).Your firm meets the eligibility requirements for certification as a Disadvantaged Business Enterprise (DBE) in accordance with 49 CFR Part 26. DBE certification is continuous with no ex 'naUon dote| however, firms are naquiuedtoa�6sithat them are no changes via tile No Change Doo|arad|bnYorno on ocbeforathe f|rm'aanniversary date to remain uedified, you will be notified of your annual — reuponaibUiUe's-|nadvancocf the Anniversary Date listed above. You must submit the annual No Change Declaration fo,rm -no later than the Anniversary Date to maintain your eligibility. Your firm will he listed inthe UCp DBE Directory which b(j'` accessed through the Florida Department of Transportation's website: httr)://www3b,dot.state,fl,us /Equa|0pportunhyOff|oepBuaineuaD|rocturv/. - DBE certification is NOT aguarantee of work, but it enables the firm to compete for and pe�nnn contract work on allUGDOT Federal Aid (FAA' FTA and FHVVA) projects in Florida as a DBE contractor,oub'uonivac�� consultant, aub'uonau|tantor material supplier.. Ucdanydm-e there Is a material change in your firm, you must advise this office by sworn affidavit and supporting documentation within thirty (30) days, Changes ino|udo, but are not limited to ownership, offioem, directors, management, key personnel, scope of work performed, daily operations, on -going business relationships with other firms, individuals or the physical location ofyour firm. After our review, you will receive instructions as to how you should proceed, if necessary, Failure It is strongly recommended that you register your firm as a vendor with Mlami-bade County. To register, you may visit: Ljtta://www.miarnidade.gov/procurementivendor-reoistration.m. Thank you for your Interest in doing business with Miami -Dade County. If you have any questions or concerns, you may contact our office at 305-375-3111 or sbdcertftmiamidade.gov. Sincerely, Claudlous Thompson, Section Chief Small Business Developrnent NAICS & Industry Title: (Your firm is eligible to compete for and perform work on all USDOT Federal Aid projects throughout Florida and may earn DBE or ACDBE credit for work performed in the following areas.) NAILS 236115: NEW SINGLE-FAMILY HOUSING CONSTRUCTION (EXCEPTT FOR -SALE BUILDERS) NAICS 236116: NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT FOR -SALE BUILDERS) NAILS 236117: NEW HOUSING FOR -SALE BUILDERS NAICS 236118: RESIDENTIAL REMODELERS NAILS 236210: INDUSTRIAL BUILDING CONSTRUCTION NAILS 237110:WATER AND SEWER LINE AND RELATED STRUCTURES CONSTRUCTION NAICS 237310: HIGHWAY, STREET, AND BRIDGE CONSTRUCTION NAICS 23'7990: OTI-IER HEAVY AND CIVIL ENGINEERING CONSTRUCTION NAICS 238110: POURED CONCRETE FOUNDATION AND STRUCTURE CONTRACTORS NAICS 238120: STRUCTURAL STEEL AND PRECAST CONCRETE CONTRACTORS NAICS 238910: SITE PREPARATION CONTRACTORS miamidado.go June 7'2O1S Andres Luna AMERkCANPIPELINE CONSTRUCTION, LLC 10117SVV5STREET M|AK4|'FLO8174 Approval Date: April 10. 2018 ' Small Business Enterprise ' 0onahnoUun (SBE'Cun) Anniversary Date: January 31, 2020 Dear Andres Luna, Internal Services Department Small Business Development I 11 NW1Street, ImthFloor Miami, Florida 33,128 |oVn-375-o1n Fn05-u75-o160 Miami -Dade County Small Business Development (SBD)' adivision ofInternal Services Dapartment(ISD)' is pleased to notify you ofyour [irm'ocontinuing eligibility as ocertified Small Business Enterpr|ao-Conotrudion (S8E-Con). The Small Business Enterprise (GBE) programs any governed by sections 2-8.11.1.1; 2'811.1.2; 2-10.4.01; 18-33.02of Miami -Dade Coun1y'o Codes. Your firm is certified in the categories listed below. The Small Buu|nooa Enterprise 'Construction (S8E'Con) certification iucontinuing through the Anniversary Date listed above, contingent upon your firm maintaining its eligibility based on the o/|iada outlined in the aforementioned uodo. You will be notified Of Your annual responsibilities in advance of the Anniversary Date—Y4u.MUSt submit the annual AFFIDAVIT FOR CONTINUING ELIGIBILITY no later than the Anniversary Date to maintain your eligibility, Your firm's name and tier kavo|v�iU be listed in the directory for all 3BE certified Unns, which can be accessed through Miami -Dade. Oount/u S8Dwabsiia: httc�/Ywww.ryiamidade.Q rti|ivaboD-list�aso. If there is a material change in 'your firm, you must advise this office by submitting oota\ua change form with the associated supporting documentation, within thirty (30) days. Changes may include, but are not limited to, ownership, off|oe�u, directors, managemont, key personnel, scope ofwork performed, daily operations, on -going business relationships with other firms or individuals or the physical location ofyour firm. After our review, you will receive instructions as to how you should proceed, it necessary. Failure to do no will be deemed a failure on your part ho cooperate and will mauk in action io ramoveyour 8rm's It is strongly recommended that you register your hnn as a vendor with Miom|'DodaOounty. To register, you may visit: ht(p://\www.m|amidado,quv/proourement/vando,'reqiutru1|on.g.lQ. If you have any questions or concerns, you may contact our office at 305'875-3111 or emui| ubdoed@m|amidade.ggv, C|audiuueThompson, Section Chief Small Business Dava|oprn*ni CATEGORIES: (Your firm may bid or parlicipatoon contracts only under these categories) mAICSuom1s:NEW SINGLE-FAMILY HOUSING CONSTRUCTION (EXCEPT F0R-SALEBUILDERS) NAICS 236116: NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT FOR -SALE BUILDERS) wA|cSuoo117:NEW HOUSING FOR -SALE BUILDERS NA|cSunuon:RESIDENTIAL nEMooeLEnS NA|CS2oo81o:INDUSTRIAL BUILDING CONSTRUCTION NA|cGo3o2cu: COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION Nx|CS 2V711n:WATER AND SEWER LINE AND RELATED STRUCTURES CONSTRUCTION NAICSua7o1n:HIGHWAY, STREET AND BRIDGE CONSTRUCTION RON DESANTIS GOVERNOR Florida Department of Transportation 605 Suwannee Street KEVIN J. THIBAULT, P.E. Tallahassee, FL 32399-0450 SECRETARY May 9, 2019 AMERICAN PIPELINE CONSTRUCTION 4908 SW 72ND AVENUE, SUITE A MIAMI, FLORIDA 33155 RE: CERTIFICATE OF QUALIFICATION Dear Sir/Madam: The Department of Transportation has qualified your company for the type of work indicated below. Unless your.company is notified otherwise, this Certificate of Qualification will expire 6/30/2020. However, the new application is due 4/30/2020. In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor orequalification Application System via the following link: HTTPS://fdotwpi.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. MOT APPROVED WORE CLASSES: DRAINAGE, FENCING, GRADING, GRASSING, SEEDING AND SODDING, PAVEMENT MARKING, ROADWAY SIGNING, SIDEWALK, Curb & Gutter, Cured -in -place Lining, Driveways, Lift Station, Rip Rap, Underground Utilities (Water & Sewer) You may apply for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22,0041(3), Florida Administrative Code (F,A,C,), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested, All prequalified contractors are required by Section 14-22.006(3), F.A.C,, to certify their work underway monthly in order to adjust maximum bidding capacity to available bidding capacity. You can find the link to this report at the website shown above. AA:cj Sincerely, „„„ / Alan Autry, Mfager Contracts AJ3.a)inistration Office Avvvvddotgov 0& Avrh c3Tr..m:r .As�43 Ate. r^- i ��, Isn ez74:toathasd ass ANDRES NA On 213'i12014, ANDRES LUNA successfully completed the OSHA 30-Hr Outreach Training for the Construction lndustry. American Safety Council ants, Inc. Da - Re Rc has successfully corn feted the • p Nit" ;NL7-,-., -7's• • ; r", %me te Completed: 1016/2012 k4resher Date: 101E1 Pqnew At: www.F107:141-2Wrzcin • Instructor Pa;',‘,., few: A&SW Consultants, Inc. Ft') 134 ^R g1-g6 �.-°' CERTIFICATE OF LIABILITY INSURANCE DATE (MM/201 YYY) 08/29I201£3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 18 WAIVED, subject to the terms and condltlons of the po Icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Iieu of such endorsement(s). PRODUCER Gil, Garden, Avetranl Insurance Group 10689 N. Kendall Drive Suite 208 Miami FL 33176 NAMQ cT Susana Rodriguez PH0NNE (305) 630-4777 FAX (305) 279-3022 (A/C,.No, Exat (A/C, NO E-MAIL ADDRESS: susler@ggalg,com INSURER(S) AFFORDING COVERAGE NAIL # INSURER Ai Wesco Insurance Company INSURED American Pipeline Construction LLC, P• O• Box 942530 Miami - FL 33194 INSURER B ; Greenwich Insurance Company INSURER 0 t INSURER D t INSURER E: . INSURER,F I .. — .— - COVERAGES CERTIFICATE NUMBER: CL1882212307 REVISION NUMBER:.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTFIR DOCUMENT WITH RESPECT TO WHICH :PATS- ' ,CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANOl AFFORDED BY THE POLICIES DESCRIBED HEREIN. IS SUBJECT TO ALL THE TERMS, -' - -_ EXCLUSION;SANDCOND1TIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, _ . _�,•, ' IINSR L'IR TYPE OP INSURANCE -- -' ADDESJHT3' IN¢D +/AID - ' - - POLICY -NUMBER--• --- • -: POLICY (MM/DONYYY)' -POLICYEXP (MM/Dp/YYY_yt - _- _ LIMITS - -- - k COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 'OCCUR _ DAMAGE TOR° PREMISES (Ca occurrence' $ 100,000 --,. MED EXP (Any ono pernit). $ 5,000 A - WPP148983502 ---.08/24/2018 08/24/2019 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: - - - OENERALAGGR6GATE $ 2,000,000 P L - �. . . Employee Benefits $ 1,000,000 -- -AUTGMOBILE LIABILITY % -, -';-° COMBINED SINGLE LIMIT -(Ea-aeclden4) $ 1,000,000 ANYAUTO •�x4�,.. EODILY INJURY (For person) $ A. OWNED ONLY SCHEDULE-0 A -NONSJNNs9 AUTos ONLY . - _ - , .. :1' PaOP,ERT�+'•LL}AMAGg (Per accident) • _ .. PIP -, $ 10,000 -Basic' >.O O UMBRELLA LIAR OCCUR ---• EACH OCCURRENCE $ , , B -. _ .-. _ _.EX008$ LIAR • x _ CLAIMS -MADE' _ • - `— _NEC600525600-.- - -. ---- 08/24/2018 08/24/2019 AGGREGATE $ 5,000,000 DED X. RETENTION $ 10;000 = WORKERS COMPENSATION LIABILITY r.r. eN PER OTN- STATUTE ER A AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUrive YIN N/ A WWC3376323 08/24/2018 08/24/2010 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Li (Mandatory In NH) E,L. DISEASE • EA EMPLOYEE $ 1,000,000 11yes, describe under DESCRIPTION OF OPERATIONS.below E L, DISEASE •POLICY LIMIT 1,000,000 Professional Liability Pollution Included IAE42170480 06/21/2018 06/21/2019 Aggregate each Claim Retro Date 6/21/2018 $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule; may be attached If more spece Is required) - CERTIFICATE HOLDER CANCELLATION EVIDENCE OF COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE FL 33180• OO 1988:2015 ACORD CORPORATION. All right ts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD LJ uJ w 5 LU z 0 uJ ijl cri c) 0. n) t.0 2 tat SMART. UNCOMPROMISING. TIMELY. EFF NIELSON, HOOVER & COMPANY, INC. April 26, 2019 FLORIDA DEPARTMENT OF TRANSPORTATION Manager, Contracts Administration Office 605 Suwannee St., M.S. 55 Tallahassee, FL 32399-0455 RE: American Pipeline Construction, LLC Surety Commitment Letter Manager: - This is to advise that, until further notice in writing to you; we agree to provide suretyship" on behalf of American Pip2dine Construction, LLC, covering construction contracts in the amount of 05,00)6d-sin1e and $5,000,000 in Aggregate. our understanding that the contents Q.Lthis letter will not be disclosed to -persons. " '6 I ompany Charges J. ielson, Attorney -in -Fact and Florida Resident Agent /gp attachment 8000 Governors Square Boulevard Sulte 101 Miarni Lakes, FL 33016 Pt 305.722.2663 F: 305.558.9650 vivmnielsonbonds.wie • POWER OF TTORNEY KNOW ALL PERSONS 3Y THESE PRESENTS THAT: Direct Inquiries/610km io: THE HARTFORD BOND, T.12 Ono Hartford Plaza Hartford, Conndoticut 06156 gEgjaahniAthohadtgldioom call: 8684664488 or fox: 660.757.0835 Agonoy Name: NIELSON HOOVER s: COMPANY Xt\TC en Co.do: 21,-2' 9752 Hartford Piro Insurance Company, a corporation duly organized under the laws of the State of Conneetiout • J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana El Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut I Hartford Underwriters Insurance Company, n corporation duly organized under the laws of the State of Connectieut [ 1 Twin City Fire Insurance Company, n corporation duly organized under the laws of tho State all:dim • L.,_i Hartford Insurance Company of Illinois, n corporation duly organized under the laws of the Stato.of Illinois E" Hartford Insurance Company of the NIldwest, a corporation duly organized under the laws of the Stott:di:Winne • j Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florkla having their home office In Hartford, Conneoticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount or tin:Li:Ad ted :• D , A , Bens, Tracey C. Brown -Boone, Natalie C. Demers, David R. Hoover, Stephanie McCarthy, Laura D. Moeholder, John R. Neu, Charles D. Nielson, Charles J. Nielson, .Joseph Penichet Nielson, Daniel Vrank Oaks, Brett Rosenhaus, Kevin Woj towioz of MAW LAKES, D'lorida • their true and lawful Attorney(s)-in-Fact, each In their separate capacity If more than one Is named above, to sign Its name as surety(les) only as delineated above by [3, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and Other written Instruments 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. • In -Witness Whereof, and as authorized by a Resolution orthe Qoard'of Directors of the Companies on May 6, 2016 the Companies have caused these presents to be signed by Its Senior 'Vice •President and its-oorperate seals tb bo . hereto .affixed, duly attoated• by Its Assistant Secretary. Further, .pursuant to Resolution of the Board -of Directors of the Companies; the 9ompanleshereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power ofAttorney, _ John Gray, Assistant Secretary STATE OF CONNECTICUT ss, Hartford M. Ross Fisher, Senior Vies President COUNTY OF HARTFORD On this 8th day of January, 2018, before me personally came M, Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides In the County of Hartford, State of Connecticut; that he la the Senior 'Vice President of the Companies, the corporations described In and which executed the above Instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards af Directors of said corporations end that he signed his name thereto by ilke authority, 4-„C,Ill,e49/1A-rrht :1Natka. Knthlooa T, Maynard Manly Publlo •CERTIFICATE! My CO111111i$3i011Expiros July 31, 292J . I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoIngfamyti&Wd/porroot n. copy of the Power of Attorney executed by said Companies, which Is still In full force effective es of Apr2 6 , 2 01.9 ,/ --'\• • - * • , '— Signed and sealed et the City of Hartford. •. . . • o 4,4, e 0,74n . . • . r• , ..... , ,, ^ . Z---.01t4, Kev n Heckman, Assistant Vice President POA 2018 POP1ISEI) TEAM ES LI CONSTRUCTION StyStaffln Plan LC Primary Contact: Andres Luna, Owner (786) 236-5019 General Manager: Luciano Franco — 100% availability Project Manager: Joshua Midence — 100% availability General Superintendent: Leonel Garcia — 100% availability Foreman: Eduardo Coll — 100% availability Foreman: Gaspar Coll — 100% availability Project Engineer: Rafael Perez — 50% availability Scheduling and Planning: Rosario Rodriguez — 30% availability Cost Control: Ruben Martinez — 25% availability Names of the individual who Andres Luna President Leonel L, Garcia General Superintendent Rafael Perez Project Manager Ivan Garcia Superintendent Organizational Structure: AMERICAN .1c7PIPELINE muss= CONSTRUCTION LLC will serve as the primary contact with the City: 1- Andres Luna. .President 2- General Manager: Luciano Franco 3- Project Manager: Joshua Midence 4- Leonel. Garcia, General Superintendent 5- Ivan Garcia. Superintendent 6- Javier Garcia. Foreman Rafael Perez, Project Manager Employee job Description.: Mobile: (786)236-5019 aluna0american-pibeline.corn Mobile: (305) 219-5531 JparciaAamerican-pipeline.corn Mobile: (305) 316-4697 rperez@american-bipeline.com Mobile: (786) 262-9570 ivanamerican-pioeline.com No Employee Name: Job Description 1.Alba, Omar Laborer -General 2 Alon.so, Ahrned Track Driver -Flatbed Truck 3 Alvarez, Manuel Laborer -Pipe -Layer 4 Alvarez-Larramendi Yosniel 'Laborer -Pipe -Layer Amaro Nieto, 'Jorge Truck Driver -Flatbed Truck 6 I3eI1o, Eller Operator -Excavator 7 Cabrera, Yulieskys Paving and concrete 8 Coba-Glide, Llopiz Laborer - General 9 Carreras, Cesare() Laborer -Pipe -Layer . '10 Carmenate- Martin, A.rieil. Laborer -Pipe -Layer AMERICAN CPIPELINE. mosraw CONSTRUCTION LLC 11 COLL - Gonzalez Gaspar Foreman Operator -Excavator I2 Cepero, .Anthony Laborer -Pipe -Layer 13 Chaney, John Design -Build Projeet Manager 14 Dearmas, Osvaldo Operator -Loader 15 Diaz, Alexis Laborer -Pipe -Layer 16 Diaz, Jorge Mechanic 17 Diaz, Antonio General Project Manager 18 Dominguez, Oscar Operator -Excavator 19 Dominguez, Yandro 0 Operator -Loader 20 . Downs, Philip Laborer -Pipe -Layer 21 Estevez, Raydel Foreman 22 Esperan.ca, Franco Luciano • Project estimator 23 Figueroa, Yonathan . Laborer -Pipe -Layer. 24 Figueredo, Alexey Laborer -Pipe -Layer• 25 Flores, Roger R Truck Driver -Flatbed Truck 26 Garcia, Carlos Managing mechanics 27 Garcia, Ivan Superintendent 28 Garcia, Javier Superintendent 29 Garcial, Leonel Design -Builder General Pipe Superintendent; 30 Garcia-•Tahorn, Leonidas Operator -Excavator 31 Garcia, Lisette Controller 32 Girnenes, Alexis Truck Driver -Flatbed Truck 33 Gomez, Armando Paving and concrete 34 Gonzalez, James Truck Driver -Flatbed Truck 35 Gonzalez, Nestor Operator -Excavator 36 Gonzalez, Eduardo C Foreman Operator -Excavator AMERICAN...... RIPELI E rra an CONSTRUCTIONLLC 37 Gonzalez, Luis Rivera Laborer -Pipe -Layer 38 Gonzalez, William Foreman Operator -Excavator 39 Gonzalez, Jose Luis Design -Build Deputy Project Manager 40 Grant, Cleveland Laborer -Pipe -Layer 41 Hernandez -Burgos, Duniesky, Laborer -Pipe -Layer 42 Hernandez, Hector J, Foreman 43 Infante, Pedro .. Operator -Loader 44 Iglesias, Francisco Superintendent 45 Janet Garcia . Safety Manager 46 Jimenez, Erick Head Mechanic 47 Linares, Alberto Truck Driver -Flatbed Truck . • -1 48 Lopez;•A.lexis Laborer -Pipe -Layer 49 . . Lopez, Jose A, Forel=.._....�: 50 Luna, .Andres Principal in Charge 51 Luna, Suzanne Contracts administrator 52 Martin, William Laborer -Pipe -Layer 53 Martinez - Diaz, Ariel Laborer -Pipe -Layer 54 Martinez, Fonseca, Junior Operator -Excavator 55 Martinez, Ruben Design -Build Cost Control 56 Midence, Joshua E Project Manager 57 Medina. Jackson Operator -Excavator 58 Mendez, Ivan Paving and concrete 59 Muina, Rigoberto Laborer -Pipe -Layer 60 Moreno, Yordan Loader Operator / Laborer -Pipe -Layer 61 Moreno, Yordankis Loader Operator / Laborer -Pipe -Layer 62 Nunez, Felix Truck Driver -Flatbed Truck AMERICAN l I E (OLP CONSTRUCT LI_C 63 Perez -Martinez, Englen Laborer -Pipe -Layer 64 Perez - Avila, Eglis Operator -Excavator 65 Perez Rafael Project Engineer 66 Prado Soler, Jorge L Foreman 67 Ramirez, Julio C. (SR.) Foreman Operator -Excavator & Loader 6.8 :Ramirez, Julio C. (JR.) Operator - Loader 69 Rodriguez-Mechor Laborer -General '70 Rodriguez Rosario Design -Build Scheduling and Planning 71 Roueo, Maria • Construction Manager 72 Sanchez, Roberto Laborer -Pipe -Layer 73 Sanders, Leonard Superintendent 74 Serrant, Robiel Laborer - Pipe Layer 75 Sequ.eira., Jose Laborer -Pipe -Layer • 76 Seveira, Eyoelio • Mechanic 77 'Vasallo, Felix A Laborer -Pipe -Layer 78 Valenzuela, Daniel Finance & Administration 79 Vazquez, Cairo Laborer -Pipe -Layer 80 Victorerero, Giancarlos Laborer - General AMERICAN P.'1fE.:LI�TI i0 Andres Luna President LC ---- Andres Luna has over 18 years of experience in virtually all aspects of road and bridge construction, including supervision of work crews, scheduling, estimating, handling vendor/subcontractor relations, ordering materials and quality control. He is an expert in planning, organizing and managing resources to successfully complete project goals and objectives, while honoring predetermined constraints. CERTIFICATIONS • Certified General Contractor (CGC 1515705 & CGC 1522909) • Certified Underground Utility and Excavation Contractor CUU 1225369 EDUCATION Bachelor of Science Degree, Civil Engineering, Florida International University, Miami, FL 2001 TRAINING • CTQP - Asphalt Paving Technician — Level 1 • CTQP - Asphalt Paving Technician.— Level 2 • ATSSA — Worksite Traffic Supervisor • CTPQ - QC Manager • CTQP.— Earthwork Construction Inspection Level 1 • CTQP — Earthwork Construction Inspection Level 2 • ACI — Concrete Inspector Level 1 • • CTQP —. Concrete Field Inspection Level 1 • OSHA 30 hour Certified • Qualified Stormwater Inspector PROJECT EXPERIENCE FDOT Design Build Project No. E4N82/ Design Build for SR 7/US 441 From Fillmore Street to South of Stirling Road. This project consists of design and build added travels lane in both north bound and south bound directions. New drainage improvements, ITS, landscape, concrete sidewalks, raised medians, new lighting, signalized intersections. Contract Value: $29,568,100.00 FOOT Project No. 250236-3-52-01; Contract T 6294; SR AIA Collins Avenue From 5th Street to Lincoln Road. The improvements under this contract include sidewalks, curbs and gutters, raised landscape medians, storm water drainage improvements, roadway lighting, decorative crosswalks, irrigation system, tree planting, pavement markings, signage, traffic signalization and gateway signs. Contract value: $ 5.4 Million, FDOT Project No. 416876.1.52-01; Contract E4K'73; Resurfacing SR-7/US-441. Role: Project Manager. This project consisted of milling, resurfacing, signal, concrete, ITS, landscaping, irrigation, and drainage. Project Completed: September 2010, Contract Value $1 million FDOT Project No. 231735/411279-1-52-01; Contract T4092; SR-9 (1.95); from N. end of Powerline to S. end of McNab. This project consisted of milling, resurfacing, lighting, asphalt cross -slope correction, drainage, bridge repairs, guardrail, bridge widening, Project Completed: November 2007, Contract Value $10,2 million. FDOT Project No. 405578-4-52.01; SR112 (Julia Tuttle Causeway) From East of West Shore Waterway to West of Alton Road. Role: Project Manager. This project consisted of milling and resurfacing, guardrail, overhead structures, signalization, and other activities Incidental to construction on SR-112 (Julia Tuttle Causeway). Contract Value $ 2.8 million. FDOT Project No. 421659-1.52.01; Contract T4312; SR-820 (Pines Boulevard) From Douglas Road to 64th way (Pembroke Pines) Role: Project Manager. This project consisted of Milling, resurfacing, signal and lighting. Project Completed: October 2012. Contract Value $3.1 million Andres Luna FOOT Project No. 421659.2.52.01; Contract T4312; SR-820 (Hollywood Blvd) From SR.7 (t1S-441) to 44th Avenue. Role: Project Manager, This project consisted of milling, resurfacing, concrete, lighting, signal and landscaping. Project Completed: January 2013, Contract Value $4.4 million. -CC rig CONSTRUCT' tort r.LC FOOT Project No. 403577-1-52-01; SR-814 (Atlantic Boulevard) to CSXRR; From A Pt W. of NW 27th Ave. Role: Project Manager. Improvements under this contract consist of milling and resurfacing, roadway widening, minor drainage improvements and signalization upgrades on SR-814 (Atlantic Boulevard) Contract Value: $3,4 million FOOT Project No, 415367.1.52.01; SR-736 (Davie Boulevard) From SW 38th Avenue to SW 25th Avenue, Role: Project Manager. This project consisted of roadway improvements such as sidewalk, landscaping, milling and resurfacing, signalization, signing, and other incidental construction on SR -736 (Davie Blvd.). Contract Value $3.4 million, FOOT Project No. 231731.1.52.01; SR-9 (I-95); From Dade County Line to SR-818 (Griffin Road). Role: Project Manager. The improvements under this contract consist of milling, resurfacing, bridge repairs, signalization, landscaping and other incidental construction activities on SR-9 (1-95). Contract Value $12.4 million FOOT Project No. 231.735.1.52.01; SR-9 (195) From North of Powerline•Road Bridge to South of McNabb Road Bridge, Role: Project Manager. The improvements under this contract consist of milling, resurfacing, bridge repairs, signalization, landscaping and other incidental construction activities on SR-9 (1-95), Contract Value $ 10.3 million. FOOT Project No. 414635.1-52-01; SR-A1A (MacArthur Causeway) From Ramp to Watson Island to East of Terminal Island. Role: Project Manager. This project consisted of milling and resurfacing, signalization improvements, and other activities incidental to construction on SR-A1A (MacArthur Causeway). Contract Value $2.2 million FOOT Project No. 408301.1-52.01 & 408.301-2-52-01; SR-852 (NW 215th Street/ County Line Road) From 1000' West of the Turnpike to SR-7 (NW 2nd Avenue). Role: Project Manager. The improvements consist of guardrail upgrade, drainage, embankment stabilization, 'milling and resurfacing on SR- 852 (NW 215th Street/County Line Road). Contract Value $ 4.56 million Miami Dade County Public Works Waste Management Department/Venetian Causeway Streetscape Improvements FAH? 251269-1; From Biscayne Island in the City of Miami to Belle Isle in the City of Miami Beach, Miami Dade County, Role Estimator and Project Manager. The improvements under this contract include sidewalks, curbs and gutters, raised landscape medians, continuous bike lanes, storm water drainage improvements, decorative roadway lighting, decorative crosswalks, irrigation system, tree planting, pavement markings, signage, traffic signalization and gateway signs. Contract value: $10,73 million PRIOR EXPERIENCE Community Asphalt Corporation -. Hialeah, FL Senior Project Manager, 2004 2015 Planned, executed, and finalized projects with constraints of delivering on time and within budget, Average direct management of $50M project portfolio (annually), Oversaw and liaisoned between all parties concerned with the project to facilitate any changes or modifications and to facilitate resolution of project conflicts. Coached, mentored, and motivated team members and new hires influencing them to take positive action and accountability for assigned work. Proficient in analytical and schematic reading and blue print interpretation. Very experienced with Florida Department of Transportation, MDX projects and other local agencies. Condotte America - Miami, FL Estimator & Project Engineer, 2000- 2004 tv.\;) r.RG EE - 0mi`al CONSTRUCTION LLC Andres Luna Responsible for compiling estimates for bid administration, preparing bid packages including subcontractors. Project Engineer for numerous projects, C AMERICAN x.. TIPELINE CONSTRUCTION LLC | | � ��u�� Garcia �~x~�v��K |v.�x Manaqjng Partner - Operations Qualifications Mr, Garcia, with over 34 years of experience in the construction industry, is responsible for all the day to day operations of American Pipeline Construction LLC. He has demonstrated excellent management ability to effectively organize and execute multiple projects o|0V|toneoUa|ytnthofUUaahshaot|nOofoVroUeDto. Experience From 1085tn1Q88.Mr. Garcia was the field Superintendent* directly responsible for construction project for BAGBETT RESOURCES INC, These, projects onno|abad of storm oewera, vv@tar mains, and aen|bsry sevvBna in both the private sector and public sector. From 1988 to '1990, Mr,'Garcla became the field Superintendent forThB Do Moya Group Inc. directly in charge. for projects in South Florida. From 1990 to 1996, Mr, Garcia was president of United Underground Corp. specializing in underground excavation, and site preparation. From 1998 to December 2015, Mr. Garcia was responsible for the management of all aspects of contracting, from bidding to closeout, Including all administration, negotiations, and construction for I & C Earthmovers Corp, Hahas been responsible for0U|tip|8*projects throUghouth|ooaPeer. July 2010—Present PipelineAmerican LLCP8rtner, In charge of the day-to-day orgton8 including nOoUGg|Og all crew aUpeNieo[a, planning, adleduUOg' subcontractors relations, quality control, and all aspects of construction from concept to project acceptance, KEY REVELANT PROJECTS WA8OT2388R = Installation ofapproximately 180Unearfeetof12-inchPVCC900DR14pip8amdziOo coated ductile iron fittings for sanitary sewer force main. Two plug valves, making tapping connection to an existing sanitary sewer force main including furnishing and installing atappinQ s|aoVe and tapping v8|Vo. FOOTT634O/SW107th Ave from 11Gtto2rd St, Miami FL~This project consists of installation oft927LF of new 18" DIP water main, valves, OtUOAn, tapping a|eeVea, fire hydrants, bedding O0otnrid8. and all oUx» Items associated with the installation watermain. MD)( DESIGN BUILD CENTRAL BLVDWIDENING AND REALIGNMENT -This project oonaiahsUof relocation and installation of 2,250 LF of '12" DIP water main. Installation of 2500 LF of 16" DIP Water Main FLAGLERSTATION ~ This project consisted of installation Ofnew 4877LFnfi2"DIP water main, bedding material, fittings, valves, hydrants, cover, lids, and all other Items associated with the, installation of water main. Fort Lauderdale International Airport ~ Expansion ofRunway 8R~27L=Project consisted ofrelocating 4427 LF24oDIP Water Main, 2885LFof18"DIP force main, 82OLF8"DIP Water Main. 1300LFS6"Concrete Pipe, 7000LFnf48", 1200LFof00" & 7000LFof36" i ` Leonel Garcia Contract No. RQ1 602993/City of Fort Lauderdale - This project consist of installing 4130 LF of new 8" DIP water main) 360 LF of 6" DIP water main, 23 each gate valves, tapping sleeves, restoration of roadway. AN ccvc r(p E UT NW121Way VVM Extensions Loop ~ This project consisted Ofinstallation of120OLFon10"DIP water main, bedding material, installation ofall associated pipe, fittings, valves, hydrants, cover, lids, bollards, and concrete pads and blocks. April 307~"Community Asphalt Corp."Project: FCOT E81\167 SR 821 from Bird Road to SR836. Scope ofWork: Drainage, Earthwork, Underground Water and Sewer Utilities, February 2U17-"CondodeAmerica" R-90 Trail) Bridging from East ofOsceola Camp toWest Vf A(rboatAssociation ofF|odUa'FOOTCoD�a(�No.EOJGQ'F|DaOMo|P �eOtNo 434Q22-1-52-01'Federal AJd � . ' '-v ' . Project Nu.TA�|-8O1|K4|�0i-DodaCouOt/ August 2018~"City Florida City" Lucy 8(Infrastructure Improvements, Scope ofWork: Relocation of0"Ductile Iron Pipe (O|P).F&|Double Detector Check Valve, Valve Vault cd Pump 8tuUOn, two now motor banks, backfloVvpnyvonhare. Repairs to Gravity System of Pump Station -18. replacing '/.412||noa[fse(of8"PVC sewer lines, asphalt restoration, concrete sidewalk and driveway restoration June 2O16~"Halley Engineering" R]OTT83488YV107mAve from 11GTto3GT.Miami, FLScope ofWork: Installation mf1G"DIP. January 2O18^"Halley Engineering" FDOT412473-8-52-01&412473-8-50-01; SR'5/BdckeUAve from North of SE 5 ST to SE m Ave; Contract No. E-6J31; FAP: N/A; Miami -Dade County Novernber2O15~"The DaK4oy8Group" Project: FOOTF|DoDci/dProeu ND.432887-1`52-01 Express Lanes from F|ag|ertoNVV154mSt) &(1-75from SR820toNVV17OmSt) Scope of Work: Furnish and Install new -drainage system. May 2Asphalt" 8R-924 (NW 119th From 8R-7/NW 7th Ave toGR-909/W.Dixie Highway; FDOT43O8OQ-1~52'O1&43O8O0~1-50-01|Contract No. T-6373|FAP#:N/4|Miami-Dade County May 2O1S^"Community Asphalt" Project No. 431281`1~52'O1&431281'3'52'O1|Design BVN-OoDVaro|oDof the Sawgrass Expressway/SIR 889 LV on All Electronic Tolling facility from Interstate 75 to the Florida's Turnp|kaMainline /GRO1;Contract No. E8[WO5;FAP#N/A;BrowandCounty April 2O15~"Community Aopha|t"Design Build Express Lanes along 8R'26and |-75;Project No. 430705-1-52.- April 2U15~"Community Asphalt" Project No. 25O238-8'52-U1.25O23t-1-52-81,35O23G-3'S2-O2.25O286-3-52' U8|8RA1ACollins Ave from 5mStreet toLincoln Road — Intersection Improvement; Contract No, T'0204;FAP #823S022U'Miami-Dade County April 2O15-"Community Asphalt" Project No. 415462-2..52-.2 SR-91; 8o|doD Glades yNe|O|ino Plaza All Electronic Toll Phase 4; Contract No. E81_99; FAP #: N/A; Miami Dade -County March 2015- "Community Asphalt" MDX Design Build; SR-874 Mainline Reconstruction March 2015-"Community |t" Express Segment A/B;Contract No. E4N84;FAPNo. O7O4178|. 07641781.07541801;yWianni-Doda/Browerd February 2015- "Community Asphalt" Lake Ridge Contract No. RQ1602993!1- City of Fort Lauderdale Scope of Leonel Garcia AMERICAN - PIPEI EE CQNSTRUCTIO LLC February 2015- "MCM" Red Road Phase IV -• FIN No. 249941-6-5201; FAP No. 6103010U; Contract No. T- 6345 February 2015• "Community Asphalt" SR-7/US441; Broward County; Florida Department of Transportation; Contract No. E4N82 January 2015- "Odebrecht Central a joint venture" Site Preparation and NAVAIDS Infrastructure at the Fort Lauderdale -Hollywood International Airport; Broward County December 2014- "Community Asphalt" Project No. 4.32687-1-52-01, 432687-2-52-01, 430795-1-52-01 and 430795-1-52-02; Design Build Project to Construct Express Lanes along SR-826 (Palmetto Expressway) and I- 75 (SR 93); Contract No. E-6105, FAP # 6268-021U arid 0754-171-1; Miami -Dade County September 2014- "MCM" Improvements on NW 36th Street from West of Lee Drive to East of North River Drive; Contract No. E-6H77; Florida Department of Transportation District 6; FEN No. 427146-1-52-01 July 2014- "Construct Group Corp„ SR-972 (Coral Way) (SW 22nd St) From SW 37th Ave to A Pt E of SW 13th Ave; FIN No, 427513-1-52-01, 427513-1-52-01 & 427513••1-56-01; Contract No. T6308; FAP No. 6144004U; Miami -Dade County June 2014- "Construct Group Corp" People's Transportation Plan (PTP) Roadway Improvements to SW 176th St:; Frorn SW 107th Avenue to US-1 South; FIN No, 20130235; Miami -Dade County December 2013- Project No. F4024B-3 Runway 12-30 Pavement Rehabilitation; Miami -Dade County August 2013- "Community Asphalt" Miami Dade County Venetian Causeway Streetscape Improvements August 2013- "Community Asphalt" Milling & Resurfacing Heft; FDOT #: 426155-1-52-01/426155-1-52-02; Contract #: E8L44; Florida Department of Transportation. July 2013- "Dragados USA" 1-595- Corridor Roadway Improvements Project; Broward County January 2013. SR-9 / 1-95 Express Lanes; Project No. 422796-1-52••01 & 422796-2-52-01; Broward & Miarni- Dade Counties October 2012-"Community Asphalt" Project No, 406150.5-52••01 & 406150-7-5201; SR-91, Florida's Turnpike Mainline, from Atlantic Blvd to Palm Beach County Line.; Contract No. E-8L59; FAP #; N/A; Broward County July 2012•- "Community Asphalt" Project No. 425637-1-52-01, 425637-1-52-01 & 428476-2-52-01; SR-826 (Palmetto l xpressway), SR-7 (US-441.) & SR-9 from NW 13th Ave. to Turnpike 1-95 Connector Contract No, T- 6274; FAP #: 4751155P & 4,751156P; Miami -Dade County June 2012- "Community Asphalt" Project No. 425211-2-52-01 & 425211-1-52-0'I; SR-25 (Okeechobee Road) From a Pt. W of NW 118 Ave. to the Miami -Dade County Line; Contract No. T-6263; FAP #: 0301055P & 0301054P; Miami -Dade County June 2012- "Community Asphalt" Project No. 424665-1-52-01; SR-869 Milling, Resurfacing and Adding a 5 Foot Wide Shoulder on SR-869 in Deerfield Beach; Contract No. E4M96; FAP #: N/A; Broward County May 2012- "Community Asphalt" Project No, 427926-1-52-01; SR-848 (Stirling Road) From A Pt of NW 68 Av to A Pt E of NW 67 Av; Contract No, T-4329; FAP #/: 8887905A; Broward County Leone! Garcia May 2012- "Community Asphalt" FDOT #: 421659-1-52-01; SR-820 (Pines Blvd) from Douglas RD to SW 64th Way AMERICAN.....�...I O2siJc,O vassum TIO LLC January 2011- "Community Asphalt" MDX Program No. 11211.030; Design Build; Central Blvd widening & Realignment December 2010- "Community Asphalt" FDOT #: 414561-1-52-01 & 414561-2-52-01; Miramar Pkwy Interchange Improvements (DB) From Miramar Pkwy & 1-75; Contract No, E4K87; FAP #: 07541541 & 07541571; Broward County February 2010- "Community Asphalt" FDOT #: 249581-1-52-01; Joint Venture D.B. SR-826 (Palmetto) and SR-836 (Dolphin) Interchange November 2009- "Community Asphalt" FOOT #: 228628-1-52-01; SR-60 from A PT. W of 82nd Ave to A PT. W of SR-9 (1-95) August 2009- "Odebrecht-Tower-Community, J.,V." MIC- Earlington Heights Connector August 2009- "Community Asphalt" FDOT#: 405506-8-52-01; 1-95 Design Build from S of SR-514 to S of SR- 519; Brevard; Contract No, E5K75; FAP #: SFTL-179 June 2009- "Community Asphalt" Big Cypress Airport Snake RD Hwy 1281 and Lemon Grove RD February 2009- "Community Asphalt" FDOT #; 413796-1-52-01 (Broward) SR-817; From A PT of SR-820 (Pines Blvd) Griffin; Contract No. T4179; Pembroke Pines December 2008- "Community Asphalt" FOOT #; 413795-1-52-01; SR-816 from NW 10th Ter, to a PT. W of Bayview Dr. Contract No. T4197 November 2008- "Community Asphalt" FDOT #: 413886-1-52-04; SR-816 from SR-7 to a PT. E of NW 31 Ave; Contract No, T4198 August 2008- "Community Asphalt" FOOT 4: 249856-4-.52-01; PPP Project SR-5/1,15-1 Reconstruction from MP 3 SW 344 ST In Florida City; Contract No, E5E39 July 2008- "Community Asphalt" FDOT #; 406097-1-52-01/3-52-01; Widen Turnpike Mainline from N. of Sunrise Blvd to Atlantic July 2008- "Community Asphalt" FDOT #: 228160-1-52-01; SR-820 (BRW) FR A PT W of Presidential Circle to Hollywood Canal June 2008- "Community Asphalt" FDOT #: 418090-1-52-01/52-02/56-0; SR-973 (NW 87th Avenue) From N of Flagler-12th ST December 2007- "Community Asphalt" FDOT #; 411432-1-52-01; SR-A1A from N of Sheridan Street to Cambridge Street December 2007- "Community Asphalt" Miami -Dade Co. # 20060439; RDWY Improvements NE 2nd Ave from NE 918t ST. to NE 105th ST October 2007- "Community Asphalt" FDOT #: 227708-1-52-01; CR 818 (Griffin Road) at C-11 Canal; Contract No. T4132; Broward County AMERICAN.o•. rnem� d COPIPELINELLC Leonei Garcia October 2007- "Community Asphalt" FOOT #f 405641 •3-52-01; SR-5 (Biscayne Blvd) From NE 78th ST. To NE 87th ST September 2007- "Community Asphalt" FOOT 4: 403577-1-52-01; SR-814 (Atlantic Blvd) from A pt W of NW 27th Ave to CSK RR; Contract No, T-4157; FAP 4: 6812017U; Broward County 2007- "Current Builders" First Industrial 156,000 Square Foot Building 2006- "Codina Construction" Building 29 Flagler Station 2006- "Codina Construction" Building 28 Flagler Station 2005- "Community Asphalt Antonio Diaz, Poi: General Project Manager Experience: C AME ICAN •�•I N E ......�.� ELCONSTRUCTION LLC OHL/Community Asphalt Coro. 11 /02/2013 to,2716 Joint Venture Project Manager Community/Condotte/de Moya JV 826/175 Express lanes Approximate value of the work- $243,000,000.00 - (Design Build Contract) Project consists of 13 miles of roadway and bridge widening to accommodate new express lanes along the middle of the Palmetto Expressway (SR 826) and along 1- 75 Up to NW 170th Street. Project also includes brand new ITS backbone system for new rarnp signaling, vehicle counting system and 6 tolling points along the limits of the project, New pavement marking and signage package is also included along .with signalization and street lighting. Duties include being ,the representative on behalf of the Joint Venture to the Department for the project. Responsible for the coordination with the Project Managers from Community, Condotte America and de Moya for the review of the design and the construction of the work. Works closely_with each N Partner PM to address issues and present them to the Department and/or trouble shoot field issues. Responsible for review of the RFP requirements and administration of the technical proposal with the Department. Other responsibilities include support staff of 3 to assist with the administration of the Design Coordination, Project Schedule and the Asset Maintenance component of the Contract, In addition responsible for the review of all costs for the project and In the coordination of payments to each of the Joint Venture Partners. In addition, responsible for the coordination and administration of the Joint Venture Agreement between each of the Partners in order to delineate the scopes of work that pertain to each Partner for the Project. 09/04/2012 to 11 /01 /2013 Project Manager Turnpike AET Phase 4A Project Approximate value of the work= $19,900,000.00 Project consists of the conversion of the existing toll plaza at the Gold Glades Interchange to All Electronic Tolling (AET). The sarne contract also includes the widening of the ramp along the Homestead Extension (HEFT) and the northbound turnpike and the construction of a new off ramp along the southbound turnpike for Hollywood, Blvd. Responsibilities include management of all aspects of the project. Major activities include control budget setup, cost control and cost monitoring; Scheduling and planning of field operations for work activities that are self performed and subcontracted; Coordination of all submittals, requests for Information, correspondence, Attendance to weekly progress meetings with the Owner to review overall progress and address issues. Antonio Diaz Page2 of5 Metric Enclineerinq, Inc., Miami, FL 03/01 /2009 to 09/03/2012 Senior Project Engineer Approximate value of multiple projects $40,000,000.00 Based out of the Florida Department of Transportation Operations Office in Marathon, FL., responsibilities include the management of multiple bridge and road projects through out the Florida Keys. Ensure that construction projects are built according to the design drawings and specifications and within the time and budget allotted in the contract documents. Responsible for the management of a staff of fifteen team members consisting of project administrators, office staff, senior inspectors and common field inspectors. Crawford and Company (Catastrophe Team), Atlanta, GA 09/13/2008 to 02/28/2009 Catastrophe Claims Adjuster Responsible for the investigation, assessment, estimating of repairs and reporting of Hurricane Ike (09/13/2008) damages for residential properties within the Houston, Texas city limits and surrounding areas; provided adjusting services for policies owned by Cypress Texas Lloyds. MP & Associates Insurance Adjusters, 1pc, Miami FL 09/01/2004 to 09/13/2008 Insurance Field Adjuster Responsible for the investigation, evaluation,estimating and reporting of construction repairs for various types of property damage claims to insurance carriers. Extensive work in the assessment of property damages associated with hurricanes Charlie (08/13/2004), Frances (09/04/2004), Jeanne (09/26/2004), Katrina (08/24/2005) and Wilma (10/24/2005). Also responsible for the assessment of property damages associated with other named perils (fire, plumbing, windstorm, theft, vandalism), Have worked in conjunction with engineers in the determination of cause and origin of losses and in the evaluation and recommendation of the required construction repairs. Some of the carriers include Tower Hill Insurance, Gulfstream Property and Casualty, Florida Family Insurance, Liberty Mutual, Cypress Insurance, and Sunshine State Insurance Company. Catastrophe Claims Services, Inc., Simi Valley, CA 09/01/2002 to 08/30/2004 Insurance Field Adjuster Responsible for the evaluation, recomrnendation and estimating of structural repairs to buildings damaged by the 1994 Northridge earthquake. Work involved detailed property inspections and pricing of the repairs. The pricing included the analysis of all required labor, materials, equipment and general conditions that would be necessary to restore buildings back to their original pre -earthquake condition. Worked closely with outside consulting engineers for the assessment Antonio Diaz Page3 of5 of the darnages. Provided outside engineering firms with means and methods of repairs. Compiled all repair estimates with Xactimate estimating software. Peter Kiewit Sons', Inc., Qgnaha. Nebo ca(Mart Southern Corp.) 01/02/2002 to 08/30/2002 Job Superintendent Sunrise Mainline Toll Plaza -Sunrise, Florida Approximate value ofthework. $635,000 In charge of all aspects of the project. Set up the control budget from the estimate. Prepared the baseline schedule on Primavera. In charge of daily time cards and cost tracking through the use of weekly labor distribution report and monthly cost reports and projections. In charge of all submittals, requests for information, and all correspondence. Negotiated and drafted all subcontract agreements and coordinated the subcontractors with the self -performed work. Negotiated and drafted all change orders with the owner. Coordinated with the owner for the monthly review of payment requests. Prepared work plans and supervised crews for the self-, performed scope of work. Peter Kiewit Sons', Inc., Omaha, Nebraska (Gilbert Southern Corp.) 01 /06/2000 to 12/31/2001 Project Manager- Utility Relocation and Final Restoration Tren Urbane Project -Rio Piedras, Puerto Rico • Approximate value of the work= $10,000,0000 Planned, managed and organized the final utility relocation and street restoration of Ponce de Leon Avenue and adjacent streets. Prepared the bid package and coordinated all pre -bid and bid opening activities for the work. Negotiated, drafted and handled all aspects of the subcontract agreernent for the work. In charge of an . engineering support staff of four field engineers for the supervision of the subcontractors' field operations and coordinated with subcontractors in solving and implementing solutions to field problems. EgiQulipwit Sons1 I►yc.. 'O. ,gAgjim.k . ntt it� graS..0. j 01/02/1999 to 01/03/2000 Contract Administrator Tren Urbana Project -Rio Piedras, Puerto Rico Approximate dollar amount of claims prepared $8,000,000 In charge of preparing extra work proposals for submittal to the owner for payment. Tasks included the collection and summarization of all necessary information pertaining to specific scopes of work that were not covered by the prime contract with the owner. I was in charge of preparing change order specific packages which summarized the entitlement, cost estimate, correspondence and contractual references supporting the claims made to the owner. Assisted the project manager in the negotiation and settlement of claims. Antonio Diaz Pagoil• of5 pato: i ,y i,9 ,Sons', Inc,. Omaha. Nebraak ilberfi outheru ,oar j 01/01/1998 to 01101/1999 Subcontract Administrator Tren Urbano Project -Rio Piedras, Puerto Rico Approximate dollar amount of the work $600,000 Prepared the bid documents for the construction of a retaining wall for an off ramp from Pinero Avenue to Ponce de Leon Avenue. Negotiated and drafted subcontract agreements and managed all facets of the work, In charge of reviewing all subcontractor submittals and correspondence. Peter Kiewit Sons', Inc.. (gym ,bg,.Nebraska (Oilier. ti Cor, 01 /02/1997 to 01/01/1998 Project Engineer Indiantown Bridge Replacement Project -Indiantown, Florida Approximate dollar amount of the work= $3,200,000 In charge of all cost tracking, quantities, submittals, correspondence and subcontract agreements for the project. Assisted the project manager in the planning and implementation of field operations. Prepared all requests for payment and coordinated with the owner for the review of monthly quantities and pay requests. Peter Kiewif Sons', Inc., Omaha, Nebraska (Gilbert Southern Com.) 01 /01 /1996 to 01/01/1997 Estimator' Florida Area Office -Sunrise, Florida In charge of performing complete cost estimates of work for various types of transportations related projects dealing with storm drainage, earthwork, paving, retaining wall •structures and water and sewer facilities. My tasks included the quantifying of the different scopes of work by performing quantity takeoffs from the contract drawings and later costing the work using Klewit's in-house estimating system. Kiewit' s estimating system allowed me to compile custom crews and equipment for the specific types of work at hand. I was also responsible for the closing out of bids- which involved the analysis and comparisons of quotes from subcontractors and material vendors. Pj jer inc„Drnabsile,braLliajgabert SoulhamSarga 01 /02/1995 to 01 /01 /1996 Project Engineer Sheridan Street Draw Bridge Rehabilitation -Hollywood, Florida Approximate dollar amount of the project= $3,000,000 In charge of all cost tracking, quantities, submittals and subcontract agreements • for the project. Assisted the project manager in the planning and irnplementation of field operations. Prepared all requests for payment and coordinated with the ownerforthe review of monthly quantities and pay requests. Education; Training: Antonio Diaz Pages of5 P r 6(iewi Scans'.Omaha, Nebraska (Gilbert louthern Corp.l 06/01/1994 to 01 /01 /1995 Estimator Florida Area Office -Miami Lakes, Florida Performed quantity takeoffs for senior estimators, Performed quote comparisons of material and subcontractor prices. Assisted in the turning in of bid proposals. University of Miami- Coral Gables, Florida Bachelor of Science in Civil Engineering (1994) Wind Loads for Buildings (ASCE-7) Xactimate Advanced Estimating Kiewit Superintendents School Kiewit Scheduling School Kiewit Superintendents School Kiewit Shoring School Westpalm Beach,FL Los Angeles, CA Omaha, NE Omaha, NE Atlanta, GA Omaha, NE Deo 2005 June 21-22, 2004 2001 2000 2000 1997 Computer Skills: Extensive experience with Peter Kiewit Sons' custom estimating program and project management software. Kiewit' s estimating program is very similar to HCSS (Heavy Construction Systems Specialists) for heavy construction estimates. I have also gained experienced with Kiewit' s project management software. This software was used to track all costs and revenue projections associated with construction projects. The system tracked all timecard entries, cost distributions to different cost codes and provided detailed reports for labor, materials and equipment costs. I have scheduled projects using Primavera project planner. My skill level with Primavera is intermediate. I have .thorough knowledge of Xactimate (Xactware) and Integra Claims (Marshall & Swift/F3oeckh) estimating system. Xactimate and Integra Claims are two of the leading software packages used in the insurance industry for the estimating of construction repairs related to property damage claims. I possess strong Microsoft Office skills, primarily with Excel and Word. Languages: Licenses: CTQP: Bilingual -English/Spanish Professional Engineer Fundamental of Engineering Exam State Certified General Contractor State Certified Roofing Contractor State of Florida Public Adjuster Florida Advanced MOT (ATSSA) QC Manager Earth work Level 1 Earthwork Level 2 P.E. 65149 (Florida) Certificate NO. 20901 INE (Puerto Rico) CGC 1505833 (Florida) CCC 1326269 (Florida) E105579 (Florida) . Tampa, FL Jan 11,2013 Affiliations: Engineering Contractors Association - ECA AMERICAN CCZIIPE.1.1 E CONSTRUCTIO LL.0 Daniel Valenzuela Finance & Administration Mr. Valenzuela has extensive experience related to Finance and Administration in civil engineering including many construction projects, especially those related to hydraulic infrastructures: water & wastewater transmissions, irrigation systems, dams and water & waste water treatment plants and High -Speed Railway. Daniel is fully proficient in Windows/Microsoft Office (Excel, Word, Power Point, and Outlook). EDUCATION Business Sciences, University of Vigo, Spain TRAINING a Advanced Accounting Course from C.E.F. 2005. a Specialist Management Control. Business School Caixanova, 2004. • Master's in Financial Markets from School of Finance. University of A Coruna. 2002. • Postgraduate Course on Capital Markets from School of Finance. University of A Coruna, 2000 PROJECT EXPERIENCE Chief Financial Officer (Copasa Arabia, Ltd.): • Project: Haramaln High -Speed Railway Meca — Medina Location: Jeddah. Kingdom of Saudi Arabia; Owner: Saudi Railway Organization (SRO); Budget; USD $41.33,818,599 CAPEX Phase, and USD $318,977,571 OPEX Phase PRIOR XPERIENCE a TASGA (2006 — 2012), Deputy Chief Financial Officer a Andavia Ronovables, S.A. (2004 — 2006), Chief Financial Officer • lmprotec Stones, S.L. (2002 - 2004), Chief Financial Officer AMERICAN CPWELINE Eduardo Coll Foreman Eduardo Gonzalez has over 19 years of experience in the construction industry. His experience includes installation of I forms of pipelines, from 1" to 120", supervising multiple projects. He is specializes in large diameter pipe installation. His most recent experience Is having completed the installation of 6000 linear Feet of 84-inch gravity sewer for FDOT Design -Build Palmetto Expressway. CERTIFICATIONS Occupational Safety and Health Administration (OSHA) Certified PROJECT EXPERIENCE • Design -Build Palmetto Expressway- SR 836 Interchange (Community Asphalt/Condotte/DeMoya JV) -- FDOT 2495814-52-01/, FDOT District 6, Miami Dade County, Contract Value; $ 3,923,654.73 • SR-924 (NW 119th St) From SR-7 / NW 7th Ave to SR-909 / W. Dixie Highway; FDOT 430809-1-52-01 & 430809-1-56.0'1; Contract No, T-6373.; FAP #: N/A; Miami -Dade County; Contract Sum; $697,785.00 • •. Design Build Project to Construct Express Lanes along SR-826 (Palmetto Expressway) and 1-75 (SR 93); Project No, 4326871-52-01, 432687-2-52-01, 430795-1-52-01 and 430795-1-62-02; Contract No. E-6105, • FAP # 6268-021U and 0754-171-1; Miami -Dade County; Contract Sum: $920,897.50 • Improvements on NW 36th Street from West of Lee Drive to East of North River Drive; Contract No. E-61-177; Florida Department of Transportation District 6; FEN No. 427146-1-52-01; Contract Sum: $174,575.44 -.e SR-972 (Coral Way) (SW 22nd St.) From SW 37th Ave to A Pt E of SW .13th Ave; FIN No, 427513-1-52-01, 427513•-1-52-01 & 427513-1-56-01; Contract No. T6308; FAP No. 6144004U; Miami -Dade County; Contract Sum: $171,794 • People's Transportation Plan (PTP) Roadway Improvements to SW 176th St.; From SW 107th Avenue tto US-1 South; FIN No. 20'130235; Miami -Dade County; Contract Sum: $817,399.7 • Runway 12-30 Pavement Rehabilitation; Project No. HO24B-3 Miami -Dade County; Contract Surn: $2,277,938SR-9 /1-95 Express Lanes; Project No. 422796-1-52-01 & 422796-2-52-01; Broward & Miami-. Dade Counties; Contract Sum: $815,665:61 MDX • Design Build; Central Blvd widening & Realignment; Program No, 11211.030; Contract Sum; $2,276,962.70FDOT #: 249581-1-52-01; Joint Venture D.B. SR-826 (Palmetto) and SR-836 (Dolphin) Interchange; Contract Surn: $3,606,941.84 • SR A1A Collins Ave from 5th Street to Lincoln Road — Intersection Improvement; Project No. 250236-3-62- 01, 250236-1-52-01, 250236-3-52-02, 250236-3••52-03; Contract No. 'T-6294; FAP # 6239022U; Miami - Dade County; Contract Sum; $519,562.13 • Golden Glades Mainline Plaza All Electronic Toll Phase 4; Project No. 415462-2-52-2 SR-91; Contract No, E8L99; FAP #: N/A; Miami Dade -County; Contract Sum: $176,861.50X Design Build; SR-874 Mainline Reconstruction Contract Sum: $1,378,553.74 • . Site Preparation and NAVAIDS Infrastructure at the Fort Lauderdale -Hollywood International Airport; (Odebrecht Central a joint venture) Broward County; Contract Sum: $7,024,445.50 AMERICAN PIPELINE Francisco Iglesias Superintendent Mr, Iglesias has extensive civil engineering experience as Superintendent Including many construction projects, especially those related to hydraulic infrastructures: water & wastewater transmissions (gravity + force main), irrigation systems, dams and water & waste water treatment plants. Mr, Iglesias is proficient In the use of Windows/Microsoft Office (Excel, Word, Power Point, Outlook); AutoCAD (CAD Software); and CARTOMAP (Surveying and Alignment software. TRAINING •• Course on Health & Safety in construction, FREMAP, Spain, 2000 • Course on construction procedures, FLC, Spain, 2001 • Course on first aid. FREMAP, Spain, 2002 PROJECT EXPERIENCE Superintendent • Project: Emergency works for the integral remodelling Barcena dam overflow. Location: Ponferrada. Spain; Owner: Mine — Sil Hydrographical Confederation; Budget: USD $3,719,663 • Project: Enlargement and Improvement of the DWTP in the area of Ponferrada. Location: Ponferrada. Spain; Owner: ACUAES; Budget: USD $8,896,140 • Project: Construction of the new channelization of the Monelos and Mesoiro rivers, Municipalities of A Coruna Arteixo. Location: La Coruna. Spain; Owner: Government of Galicia; Budget: USD $13,448,989 • Project: Enlargement and improvement of Placeres WWTP. Location: Pontevedra. Spain; Owner: Augas de Galicia. Xunta de Galicia; Budget: USD $12,156,690 • Project: Sewerage system in the cities of Foz and Barreiros. Location: Lugo. Spain; Owner: Augas de Galicia. Xunta de Galicia; Budget: IJSD $9,493,796 • Project: Extension of the WWTP in the cities of Cambados and Vilanova de Arousa, Location: Pontevedra, Spain; Owner: Augas de Galicia, Xunta de Galicia; Budget: USD $3,473,340 • Project: Deodorization, transfer shed and new digested sludge tank for the Vigo WWTP, Location: Vigo, Spain; Owner: Augas de Galicia. Xunta de Galicia; Budget: USD $2,547,116 • Project; Channeling of the Fabadatios River until its junction with the Batter River in Portonovo. Location: Pontevedra, Spain; Owner: Augas de Galicia. Xunta de Galicia; Budget: USD $1,589,795 • Project: Sewerage system and WWTP in the city of As Neves. Location : Pontevedra. Spain ; Owner: Augas de Galicia. Xunta de Galicia; Budget: USD $1,786,847 RICtp7AM" CONS Gaspax~—~ | r Coll ~~~,��^��x=�y »��^��/Foreman Gaspar Coll has over 25 years of eXpmhonoo in the construction industry. His experience includes installation of all forma of pipelines, from 1" to 128", supervising multiple pndects. He has extensive experience in the water main. sewer force 0o|n |nnhaUat|uD. VVn[kod in the most oUaUeOg|Dg oDvironmenta. His knowledge with heavy machinery oota him apart. Great team member who o|w@ya pays attention to CERTIFICATIONS Occupational Safety and Health Administration (OSHA) Certified PROJEc?EXPEQ|ENCE ° Oen|gn'BVUUPo|nO8ttoExpressway- F<838Interchange (Community Aapha|t/C0Ddotte/DeK1oyaJV\— FDOT248581-1'52-01/.FOOTD|athot0.Miami Dade County. Contract Value: $8.823.854.78 m m SR-924 11� 8UFroO1G��7/NVY7mAYotnGFQ0g/VV.OhdeH|ghwoy|POOT43O8O9-1-52-01& 430808-1-50-01; Contract No. T-6873| FAP #: NA Miami -Dade County; Contract GUOn: $697.785.80 ^ Design Build Project to Construct Express Lanes alR-826/p| " Improvements on NW 3Om Street -from West of Lee DdV8 to East of North River Drive; Contract No. E'81177| Florida Department of'Transportation District 0;FEN No. 42714O-1-52'01|Contract Sum: $174.575.44 " SR-072 VV8 2nd EK.\ From 8VV37mAve toAFYE0fGVV 13m/Yv8' FIN No, 427513-1-52'01. 4275134-32-01 &427518-1'58-81|Contract No, T0308;FAPNo, 0144O04U|Miami-Dade County; Conti -act Sum: $171,794 ° Peopies Transportation Plan (P"I'P) Roadway Improvements to SW176th St,; From SW107 th Avenue to US-1 South; FIN No. 20130235; Miaml-Dade County; Contract SLIM: $817,999.7 ° Runway 12-3OPavement Rehabilitation; Project No. H024B-3Miami-Dade County; Contract Sum: $2.277.Q3O8R49/|-85Express Lanes; Project No.4227QO-1-52-U1&4227Q8'2-52`01;8rovva[d& Miami - Dade Counties; Conti -act SURl: $815.865.61MDX ° Design Build; Central Blvd widening & Realignment; P naDlNo.11211.038;CoOtrautGVD1: $2.276982.70F[)OT#: 248581-1'52'O1|Joint Venture O.8.GR-d2O(Pa|08ttO) and GR-830/Oo|ph|O\ Interchange; Contract Sum: $8,686.941.84 ° GRA1ACollins Ave foornSmStreet toLincoln Road — Intersection Improvement; No. 25O23G-3-52- Oi.250236-1-52-01.26023O'3-62-02.25O236'3'52-O3|Contract No. T-0204;PAP#823QO22U|Miami- Dade County; Contract Sum: $518.502.13 ^ Golden Glades Mainline Plaza All Electronic Toll Phase 4|Project No. 4154O2-2-G2~28R'81|Contract No, E81_88;FAP#:N/4; Mia[niOado'CVuntv Contract Sum: $i70.8O1.5OXDesign Build; GR-874Mainline Reconstruction Contract Surn: $1,378,553.74 , Site Preparation andNAVA|D8 Infrastructure at the Port Lauderdale -Hollywood (DtennodmD8| AJqpuM: (Odebrecht Central a joint venture) Broward Co.unty; Contract Sum: $7,024,445.50 � MERICAN „p.m. CiCSjCTIoN LLC Ivan Garda Suprintendent Ivan Garcia has over 20 years of experience in the construction industry. His experience includes installation of all forms of pipelines, from 1"to 120", supervising multiple projects. He is currently supervising the Lakeridge water distribution project in Broward County. As part of his duties on this particular project, he handles customer complaints and neighborhood concerns. He mitigates issues arising from construction activities and resolves the issues before they escalate. CERTIFICATIONS Occupational Safety and Health Administration (OSHA) Certified PROJECT EXPERIENCE A Design -Build Palmetto Expressway- SR 836 Interchange (Community Asphalt/Condotte/DeMoya JV) FDOT 249581-1-52-01/. FDOT District 6, Miami Dade County, Contract Value: $ 3,923,654.73 SR-924 (NW 119th St) From SR-7 / NW 7th Ave to SR-909 / W. Dixie Highway; FDOT 430809-1-52-01 & 430809-1-56-01; Contract No. T-6373; FAP #: N/A; Miami -Dade County; Contract Sum: $697,785,00 Design Build Project to Construct Express Lanes along SR-826 (Palmetto Expressway) and 1-75 (SR 93); Project No. 432687-1-52-01, 432687-2-52-01, 430795-1-52-01 and 430795-1-52-02; Contract No. E-6105, FAP # 6268-021 U and 0754-171-1; Miami -Dade County;-G'ontract Sum: $920,897.50 Improvements on NW 36th Street from West of Lee Drive to East of North River Drive; Contract No. E.-61-177; Florida Department of Transportation District 6; FEN No. 427146-1-52-01; Contract Sum: $174,575.44 SR-972 (Coral Way) (SW 22" d St.) From SW 37th Ave to A Pt C of SW 13th Ave; FIN No, 4275'13-1-52-0'I, 42'7513-1-52-01 & 427513-1-56-01; Contract No. T6308; FAP No. 6144004U; Miami -Dade County; Contract Sum: $171,794 People's Transportation Plan (PTP) Roadway Improvements to SW 176th St.; From SW 107th Avenue to US-1 South; FIN No. 20130235; Miarnl-Dade County; Contract Sum: $817,399.7 Runway 12-30 Pavement Rehabilitation; Project No, H024B-3 Miarni-Dade County; Contract Sum: $2,27.7,938SR-9 / 1-95 Express Lanes; Project No, 4.22796•1-52-01 & 422796-2-52-01; Broward & Miami - Dade Counties; Contract Sum: $815,665.61 MDX Design Build; Central Blvd widening & Realignment; Program No. 1'1211.030; Contract Sum: $2,276,962,70FDOT #: 249581-1-52-01; Joint Venture D.B. SR-826 (Palmetto) and SR-836 (Dolphin) Interchange; Contract Sum: $3,606,941.84 SR A1A Collins Ave from 5th Street to Lincoln Road •- Intersection Improvement; Project No. 2502.36-3-52- 01, 250236-1-52-01, 2502.36-3-52.02, 250236-3-52-03; Contract No, T-6294; FAP ## 6239022U; Miami - Dade County; Contract Sum: $519,562.13 Golden Glades Mainline Plaza All Electronic Toll Phase 4; Project No. 415462••2-52-2 SR-91; Contract No. E8L99; FAP 4: N/A; Miami Dade -County; Contract Sum: $176,861,50X Design Build; SR-8'74 Mainline Reconstruction Contract Sum: $1,378,553,74 Site Preparation and NAVAIDS Infrastructure at the Fort Lauderdale -Hollywood International Airport; (Odebr'echt Central a joint venture) Broward County; Contract Sum: $7,024,445,50 AMERICAN CP PELINE c CONSTRUCTIO LLC • Miami Dade County Venetian Causeway Streetscape Improvements; Contract Sum: $1,665,236 • •. Janet Garcia C81fsEINE onmtnui CONSTRUCTIO Safety Monager Ms. Janet Garcia has .over 12 years as a safety Manager Working with local underground construction companies. Professional Registrations • Authorized OSHA Outreach Trainer for Construction 500 • Respirable Silica Exposure • OSHA 510 EDUCATION University of South Florida - Occupational Safety and Health Administration KEY REVELANT PROJECTS Design -Build Palmetto Expressway- SR 836 Interchange (Community Asphalt/Condotte/DeMoya JV) — FDOT 249581-1-52-01/, FDOT District 6, Miami Dade County. Contract Value: $ 3,923,654.73 Design Build Project to Construct Express Lanes along SR-826 (Palmetto Expressway) and 1-75 (SR 93); Project No. 432687-1-52-01, 432687-2-52-01, 430795-1-52-01 and 430795-1-52-02; Contract No, E-6105, FAP 6268-0211J and 0754-171-1; Miami -Dade County; Contract Sum: $920,897.50 Runway 12-30 Pavement.Rehabilitation; Project No, H024B-3 Miami -Dade County; Contract Sum: $2,277,938SR-9 /1-95 Express Lanes; Project No. 422796-1-52-01 & 422796-2-52-01; Broward & Miami -Dade Counties; Contract Sum: $815,665.61MDX TASKS Oversee training and daily construction tasks. • Developing procedures and protocols for confined spaces. •Training of new hire safety professionals •Development of job specific fall protection as well as Emergency plans. ° Drug testing and management of Workers Compo .Production Management! ordering of all material and equipment AMERICAN �4 PIPELIN:� _ wm:;m cowsTnuuno« | �—~�. /�� Chaney ~°��(r� / ~~�/ /��||v~�� /—��f^(lyl� k��yl [ -- \�//�f�� \�/��[ ��r^^^'~~''~'''~',.^~''^��~. ''~~/... u�./.~,,... Active |Dthe Industry for 48years. In 1809 | began 0ycareer working /n0yfather's business Martin Chaney, Inc. During this time | was responsible for Supervising nine (8) pipe line crews, project p|pe|iOo installations and coordination. During this time wgworked for F&RBuilders who today are known @sLeDnar Corp. Successful in the management and complete control of the daily operations of field supervision and management. CnaaVt|voproblem solver who drives revenue, growth and production,r000|v8mdo||yooDM|ctm. Improves morale and stronger relationships with the crew and subcontractors, I have shown a constant growth in profit goals on a per job basis, I have set the precedence for the company and have made it my duty and clearto all employees that we will work as hard as we need to in order to meet deadlines and schedules which includes night work and weekends. |n this time ofrecession VVVneed tocontinue our success with ensuring that the contractors we have established working relationships remain satisfied with Our work and prices. Now Revenue. From 10/2003 to present, under my direct control arid leadership, corripleted projects under the deyNoyeGroup, /Do.(General K4CM.The RodhaDdCo. for the FDOTand other g, rO0eOtB| agencies in excess of $25,000,000 providing labor and equipment only All projects completed on sohedLI10 and profitable. Business Policies & Procedures: I personally Implemented the safety program that is utilized by the crew, I have made It rny duty to Inform and correct all work zones which may be potential work hazards for Out' ' crews or others, I have ensured that we keep a drug free workplace and have tested all employees prior to being ernployed.) have maintained an honorable rating with the workers compensation for several yomrs AREAS OFEXPERTISE ^ Complete control ofproject (TU0Key) " Eet|nlot|n " Complete knowledge ofcivil drawings " Project Billing ° Ordering Materials " Project Meetings " Verifying elevations onpipe and structures ^ Project Scheduling Closeout DaUyDocumentation toimplement C/[`aorback 0Oa[yeo Overseeing complete Installation of Water, Sower and Drainage Pipelines and Installation of Concrete structures ° Pipe Diameters from 0"to 86" PVC' CK4P, D|P, POOPand RCP Pipe CERTIFICATIONS ° Underground Excavation and Utility, State o[Florida ~ Maintenance of 'FrafficAdvanced Level (Florida International University) ^ Confined 8 (United Rentals) ° TrnDchand Excavation Safety (United Rentals) EDUCATION Miami Dade Community College, Miami, Florida Edison Senior High School, Miami, Florida PROJECT EXPERIENCE HEFTUSIR 821/DuK8myaGroup 247 each Drainage Inlets; 12,000 LF Various Size Pipe Project Valuation: $4,500.000 AMERICAN NPELIMF ,John Chaney Miami Gardens Drive, PDOT 3000 LFofGravity Sewer O'6R-1O 10'12| 24ea. Sewer Manholes Project Valuation: $1.200`00¢ Palmetto Expressway Coral Way to72wo Avenue, OoK8oyaGroup 420each Drainage Inlets Various Sizes; 28.0O0LFofA2OUOPipe 12"to3G"| 240 LF ofRCP 42" to 54" Project Valuation: $2.700.000 Key West North Roosevelt, FOOT 125 each Draining Inlets Various Sizes; 13.000 LPofA2OUU Pipe G"to48"| 9000 LF24" Force main 25.O0OLFof8".12".24"Water main; Gravity Sewer Various Location; Storm Drainage Deep Wells Water Main 8ypoao 18"| Force mu|M Bypaao24"| Water main Bridge Crossing; Force main 8bao| Br|dge Crossing` Project Valuation'. $5,008.000 Orlando |-4Widening SIR 44toEast |^85.RJOT G.O08LFof18"to30"A2O0OPipe; Drainage Inlets Various Sizes Orlando VVeWvaSanford SIR 83.PDOT Vero Beach SIR 9Indian River, DmMuyaCSooup 008ULFof18"RCP Pipe MihamDairy Road, MD-WA8D SIR 8IGPalmetto Expressway, FDOT Force Main Sanitary Sewer Relocations; 2779LFnf48"PCCPPipe P|mg!er|nterconDmot. K8D~VYASD 47OOLFOf48"and 42"PCCPPipe Flat Bed; Desilting Tank; Shooting And Shoring; Plate Compactors Project Valuation: $933,276 Project Valuation: $1'250.000 Project Valuation: $1'250.000 Project Valuation: $1'250`000 Project Valuaton, Project Valuation: $1.550,000 PRIOR EXPERIENCE StateaitmDevelopment Inc. CEO, 589/2003to2010 Complete control ofall office operations duties included: payroll, certified payrolls, p8yeb|oeand receivables, |naunanoe, audits, site visits, hiring staff and all necessary requirements acooe|oatedwith complete control of office duties, I have been in complete control of the field operationsfor State Site Dev., Inc. such as ordering n1ator|8|G. YVO[k|OO directly with field operations oohadU||Dg woFk, checking and Verifying elevations on work performed by us, Inspections and testing on ooi| deDa|Uuy and pipelines. All necessary requirements to perform and complete the work correctly and in a timely manner. Meet the demands arid closeout schedules for the Qenero|Contr@toraatonot'eopardizeat|0e|yoonop|oUon.VVehaveoUrcaanfu||yon0p|atudaovere|pndocto forthe General Contractors listed below who have 0oOoroUu|y always provided our firm with work f)mrcciTT7 C Joshua E. Midence, P.E., MBA Project Manager Skills Summary • Project Management * Primavera P6 • Professional Presentations o Creative Problem Solving * AutoCAD Design Skill Set + Fluent in Spanish + Analyzing Plans/Shop Drawings * OSHA 30 FIR Certified 4, Report Preparation Experience American Pipeline Construction LLC MIAMI, FL . Project Manger, June 2017 - Present 4) Assist in preparation and maintenance of Pay Applications, Tracking status of Requests for Information, Shop Drawings and Submittals to the Owner/Owner Representatives. + Provide Cost Saving strategies to increase profit margins for budgeting purposes and net gains. MORRISON-COBALT JOINT VENTURE (MC-JV) MIAMI, FL Project Manager, December 2015 -- May 2017 • Planification and construction of the Asphalt Plant Division with approvals from MOT for paving, + Assist in preparation and maintenance of Pay Applications, Tracking status of Requests for Information, Shop Drawings and Submittals to the Owner/Owner Representative. OHL — Community Asphalt MIAMI, FL Project Manager/Project Engineer, .December 2013 — October 2015 • Helped prepare bids using CAD design and Engineering knowledge to competitively bid $240M+ projects. • Managing Several Projects for different districts within the State of Florida simultaneously, Project Contributions • CR — 712 (Midway Rd.) Reconstruction, Port St. Lucie, FI. April 2018 — Present Construction Project Manager for the CR 712 — Midway Rd. reconstruction from West of 25th Street.to East of SR.5 (US-1) (Conventional Build); Project consist of the widening, resurfacing, and drainage improvements to over 1.5 miles roadway. • Ravenswood Rd. — Bridge Reconstruction, Fort Lauderdale, FI. Construction Project Manager for the FDOT — D4, (Conventional Design Bid Build), Project limits on Ravenswood Rd. from SW 45nd Street to SW 42nd Street;. In Ft.. Lauderdale, FI. August 2016 — April 2018 • - - . Joshua Midence AMERIC N Cc ?IP LI uwW CONSTRUCTIO • Downtown Beautification at Flagler.St., Miami -Dade, FI. Construction Project Manager for the (Conventional) Flagler St. project in Downtown Miami, FI, City of Miami $9,432M (B-30606): Project Limits on Flagler St, from SW 18t Ave to Biscayne Blvd, December 2015 — August 2016 • S.R. 826 (Palmetto Expressway) & 1-75, Miami -Dade, FI. February 2015 — October 2015 Construction Project Engineer for the (Design Build), Public Private Partnership, $60M+; FN 432687-1-52-01; Project limits on S.R,-826 from Hagler Street to south of NW 154 Street & S.R. 93 /1-75 From S.R. 826 to NW 170 St. • Miami Intl. Airport Runway Rejuvenation; Miarni-Dade, Fi April 2014 — October 2015 Construction Project Engineer for the Miami International Airport Runway Rejuvenation Project, (Design Build), Public Private Partnership, $46W; FN 42986.-19401; Project limits on SR-826 from SW 8 Street to south of NW 25 Street. Education • UNIVERSITY OF MIAMI — Miami, FI. • Masters in Business Administration (MBA) • • FLORIDA INTERNATIONAL UNIVERSITY Miami, FI, Bachelor of Science in Civil Engineering • MIAMI DADE COLLEGE — Miami, FI. Associate in Arts in MathematicsA Science Milestones/Honors Graduated: 2017 • Graduated: 2013 Graduated: 2007 o Specialization in Transportation Engineering • Delta Epsilon Iota (AEI) Academic Honor Society • Chi Epsilon (xe) National Civil Engineering Honor Society + Project Management Training (University of Miami) Certifications December 2013 September 2011 April 2013 August 2016 • Professional Engineer License: ff57j • (Florida) • Certified General Contractor: CGC #1527011 (Florida) • Project Planning & Control using Primavera P6 • OSHA 30 lif? Training • CTQP: QC Manager (2015) • AdvancedMaintenance of Traffic (2016) AMERICAN CeLPCGSLINE Luciano Esperanca Franco General Manager Qualifications Civil engineer specialized in planning, cost estimate, and project management with 23 years of experience. Education Masters of Business Administration 10debrecht Business Training PDE SALVADOR, BAHIA, BRAZIL / DECEMBER 2007 B.S. Civil Engineering ICEFET RJ RIO DE JANEIRO, RJ, BRAZIL / JANUARY 1998 SKILLS • Primavera Project Planner • Languages: English, Spanish • MS Project Portuguese. • MS Office • Siseng, Costs Manager • AutoCAD KEY REVELANT PROJECTS Project TACORA Pierini SA POTOSI, BOLIVIA / 2018 CLIENT: CYMI MASA, WABAG, AND BOLINGER "INTEGRAL DEVELOPMENT OF THE WATER DEFICIT SOLUTION IN POTOSI" • Construction of a steel water pipeline of 18" in diameter, 52 miles in extension, in a 4050 MAMSL altitude • Responsible for the planning, budgeting, and viability studies for the execution of the project • Estimate value: USD 145,0 MM Project.T115 I Pierini SA INTERSTATE, BOLIVIA / 2016-2018 CLIENT: YPFB TRANSPORTES BOLIVIA "MAINTENANCE OF THE GAS PIPE NETWORK IN THE NORTH CENTRAL ZONE OF SANTA CRUZ DE LA SIERRA" • General manager of a regional project including pipes from the Bolivian Amazon to the Andean region, from 200 MASL to 4200 MASL in altitude • 623 miles of oil ducts, 2630 miles of gas ducts, and 944 miles of polyducts • Estimate value: USD 21,0 MM yearly | 8ME0C&0�(WPIPELINE p��p��~y LVc| *no Esperon`�'Fnanc0 Project Pongo Es1reUan/ | P|eriDiSA LAPAZ B(lL|V|A/2017 CLIENT: MINISTRY OFENV|ROMENT "WATER SUPPLY FOR LA PAZ"' * General manager ofthe construction of pipeline and pumping station of 18" in diameter and 12 miles from 4lOOK4AM5Ltn36OUMAK4SLinaltitude |nthe LaPaz zone * Estimate value: USD 17,0K4M Project H8rnpatur[| Pierini SA LAPAZ,8OUV|A/Z016 CLIENT: MINISTRY DFENV|ROMENT "N/A7ERJUPPLYFOR LAPAZ^ * General manager Ofthe construction oJapipeline and Pumping station of16"indiameter and 9 miles at38OOMAMSL|n altitude inthe La Paz zone w Estimate value: USD 15,0 MM Project Yacuiba I P/eriniSA S4NTA[RUZDEL4SIERRA, BDUV|A/2O15-2O17 CLIENT: YPFBTRANSPORTE38OL|V|A "INTEGRITY OF 77UE YACU8BA GAS PIPELINE"' w General manager of the change in the coating of a 24" in diameter and 28 miles in extension gas pipeline • EsUmatev,1|1-ie: USD21,O MK4 Project CADCA Trujillo QdebyeCht International VALE RA, VENEZUELA/201S'2O16 CLIENT: PDVSAGAS * Site n08naFerofthe implementation ofanethanol plant |nthe Trujillo indU5tri8lcorOpleX w Estimate value: U3O 122,0 K4K4 Project Anaco Gas I Odebrecht International ANACO, VENEZU5LA /20l4-2O1S CLIENT: PDV3A GAS * Site manager of the site, underground, and pipe rack preparation in the Santa Rosa compressor station = Estimate value: USD78,0MK4 Project Puerto La Cruz Refinery | OdebrGcht|nte[natioDal PUERTO LACRUZ, VENEZUELA /2O11-2014 CL|ENT� PDVSA REFINERY * Site manager of the site, underground, and pipe rack preparation in a deep conversion unit * Estimate value: USD 155,0 K4K4 Project Soy I Odebrecht International ELT|GRE,VENEZUELA/2OO9-2U1O CLIENT: MINISTRY OF INDUSTRY AND AGRICULTURE w Project [nan88e[ in the implementation of an 11,000 hectares |[riQnt|Un system, silos implantation, and phase 18OroiUdustry . _ � LVcioOoESpe[ono��aDco AMERICAN � �~ » �' ` CONSTRUCTION * Estimate value: USD I27,0 MK4 Project CornrTiunal City of Laberinto I OdebreCht|nternBt|onol MAKACA|BO,VENEZUELA/2OO6'2OO9 CLIENT: MINISTRY OFINDUSTRY AND AGRICULTURE * Project manager in 'the implementation of the communal city of Laberinto, with 1,100 houses and basic infrastructure w Estimate value: USO 164,0 K4M Project El [i|VVio| Qdebrecht International K4ARAQ\|8O,VENEZUELA/Z003-2OO5 CLIENT: MINISTRY (}FINDUSTRY AND AGRICULTURE "INTE-GRALP1ANSOFMARA[Ah9O" � Construction manager in the development 8[a main pressure pipe O[l1U" in steel diameter and 9 nn|l2S in extension, and 8secondary system ofJO" in diameter and 44miles iOextension * Estimate value: U3D 113,0 MK4 Project L@'eado Sluice Odeb[eCht Infrastructure TOCANT|N9,BRAZIL /2OO1-2003 CLIENT: MINIS -FRY OFTRANSPORAT|ON m Construction manager in the preparation for the construction of a 3,5mm M3 sluice, with rock and SVi| dismantlement w Estimate value: RS85,0K4KJ Project Pairnas Airport I Od8brecht|Of[aStrOctWrg TOCANT|NS,BRAZIL/ 1998'ZO0O CL|ENT:|NFKAERU • Planning and cost manager in the implernentation of a new airport in Palmas, Tocantins, including the development ofbuildings, runways and courtyards w Estimate value: RS 105,0 MM Project Brasilia Airport I <]debrecht|nf[G6trUctuye BRAS|UA,BRAZIL/ 199O CL|ENT:|NFRAERO p Budget manager |nthe amplification ofBrasilia's airport terminals w Estimate value: RSS7,O MM Project Rio cl8Janeiro Airport | [}deb[echC|nfraStructUre R|ODIE JANBRU,BRAZIL/ 1997'l998 CL|ENT:/NFRAERO w Responsible for the planning of the development of the second passenger terminal in the Rio cle Janeiro airport w Estimate value: RSZS7,O K4M Project Rio de ]angino Airport [)debrecht infrastructure R0DE]ANE|RO,BRAZIL/ 1995-1A96 CL|ENT:|NFRAER0 * Budget manager and estimator in the development of a cargo terminal in the Rio cle Janeiro airport (CAMERICAN .-P I P ELI E-- --- • falleffeA CONSTRUCT I 0 LC Luciano Esperanca Franco • Estimate value: RS 45,0 MM Project Building ReformsSTH Constructions RIO DE JANEIRO, BRAZIL / 1990-1994 CLIENT: COMMERCIAL BUILDINGS Budget manager and estimator in the construction of university buildings AMERICAN •••�...•...., CPIPELINE rrnimm CONSTRUC1,LC Maria Rouco Construction Manager Mrs. Rouco has extensive civil engineering experience as Project Manager including many construction projects, especially those related to hydraulic infrastructures: water & wastewater transmissions (gravity + force main), irrigation systems, dams and water & waste water treatment plants. Maria is fully proficient in the following programs: Windows/Microsoft Office (Excel, Word, Power Point, Outlook); Microstation, AutoCAD (CAD Software); ANSYS, FRAME, CYPE (Structural design); CLIP, TOPCAL, CARTOMAP (Surveying and Alignment software); and HEC-RAS 2.2 (Hydraulic Software), EDUCATION Civil Engineering, University of La Coruna, Spain TRAINING • Computer -assisted drawing with Microstation V.8. University of La Coruna. 2003. • Course on Health and Safety in construction. Fremap. 2009. • Course on AutoCAD Civil 3D. University of La Coruna. 2010 • Course on debris removal. Spanish Civil Engineers' Professional Association. 2012 PROJECT EXPERIENCE • Project: Execution of the works of the project of general collection system of the right bank of the Ria (Estuary) de Ferrol, "0 Porto" regulation structure. Location: Ferrol. Spain; Owner: ACUAES; Budget: USD $2,479,851 • Project: Emergency works for the integral remodeling Barcena dam overflow, Location: Ponferrada. Spain; Owner: Mina, — Sil Hydrographical Confederation; Budget: USD $3,719,663 • Project: Enlargement and improvement of the DWTP in the area of Ponferrada. Location: Ponferrada. Spain; Owner: ACUAES; Budget: USD $8,896,140 • Project: Utilities, services and operation of the outer Port of Ferrol. Internal network. Phase 2. Location: Ferrol. Spain; Owner: Port Authority of Ferrol; Budget: USD $7,251,929 • Project: Construction of the new channelization of the Monelos and Mesoiro rivers. Municipalities of A Coruna Arteixo. Location: La Coruna, Spain; Owner: Government of Galicia; Budget: USD $13,448,989 • Project: Mos Industrial Estate Area. Location: Pontevedra. Spain; Owner: Government of Galicia; Budget: USD $38,131,091 AMERICAN CifiPogstjoN Rafael Perez Project Engineer Rafael is a Civil Engineer and offers a dynamic instruction that fosters and enhances development of road and bridge construction; including supervision of work crews, scheduling, estimating, handling vendor/subcontractor relations, ordering materials and quality control. Expert In planning, organizing arid managing resources to successfully complete project goals and objectives, while honoring predetermined constraints, EDUCATION Polytechnic University Jose Antonio Echevarria, Bachelor of Science in Civil Engineering Degree translation by Josef Silny & Associates, Inc., International Education Consultants. Major: Civil Engineering 2009 TRAINING National Society of Architect and Civil .Engineering, (UNAICC Havana, Cuba PROJECT EXPERIENCE American Pipeline Construction LLC Project kngineer Day to day responsible for compiling estimates for bid administration, preparing bid packages including subcontractors, Assist all project managers with takeoff estimating, Prepares subcontract agreements, schedules inspections, permit processing with all municipalities, Scheduling preparation CPM software. Project Engineer for numerous projects. Physical Planning Institute. Havana, Cuba Civil Project Manager 2012-20'13 Duties: Supervise the preparation and drawings of civil plans Prepare set of maps for permit, bid and construction, Produce sketches, topographical plan and site plan for proposal of projects CH and Urban Development Department Havana, Cuba Manager of Information Projects and Maintenance of Urban Infrastructure 2011-2012 Duties: Preparation and drawings of civil plans for remodeling and Maintenance of Urban Infrastructure, Performing field inspections during construction, Remodeling maintenance process to ensure compliance with project specifications and reviews as built drawing to issue the final approval. Prepare reports based on field inspections, photos and maps during the execution of the work. AMERICAN CPIPELINI CONSTRUCTIO,,LLC Design Company DCH. Havana, Cuba Construction Inspector. Hydraulic and Civil projects. 2009- 2011 Duties: Supervise and advise during the construction process to ensure compliance with design criteria and approval of final product in different types of Civil and Hydraulic projects, Inspect quality and quantity of material for each phase of the project. Check all diameters, materials, slope, levels, etc, based on executive projects and ensure the execution of the executive projects in the field. AMERICAN C P CONSLICN LLC Rosario Rodriguez Scheduling and Planning Mrs. Rodriguez has extensive civil engineering experience as Scheduling & Planning Engineer including many construction projects, especially those related to hydraulic infrastructures: water & wastewater transmissions (gravity + force main), irrigation systems, dams and water & waste water treatment plants. Rosario is fully proficient in the following programs: Windows/Microsoft Office (Excel, Word, Power Point, Outlook); AutoCAD (CAD Software); and Microsoft Project. EDUCATION Master's in Environmental Management, University of Leon, Spain, 2000 Mining Engineering, University of Leon, Spain TRAINING, • Course on Health and Safety in construction; FREMAP June 1998 PROJECT EXPERIENCE Scheduler / Planner: • Project: Execution of the works of the project of general.collection system of the right bank of the Ria (Estuary) de Ferrol. "0 Porto" regulation structure, Location: Ferrol, Spain; Owner: ACUAES; Budget: USD $2,479,851 • Project: Emergency works for the integral remodelling Barcena dam overflow. Location: Ponferrada. Spain; Owner: Mino — Sil Hydrographicai Confederation; Budget: USD $3,719,663 • Project: Enlargement and improvement of the DWTP in the area of Ponferrada. Location: Ponferrada. Spain; Owner: ACUAES; Budget: USD $8,896,140 • Project: Construction of the new channelization of the Monelos and Mesoiro rivers. Municipalities of A Coruna Arteixo. Location: La Coruna. Spain; Owner: Governrnent of Galicia; Budget: USD $13,448,989 Project: Conditioning of the sewer collection system along the right bank of the Mina river in Ourense. Section Twenty -One to New Bridge, Improvement of the wastewater network of the city of Ourense. Location: Ourense. Spain; Owner: Mino — Sil Hydrographical Confederation; Budget: USD $7,959,605 • Project: Mos Industrial Estate Area. Location: Pontevedra, Spain; Owner: Government of Galicia; Budget: USD $38,131,091 • Project: Repair of the left bank of the Milk) River in the ciy of Ourense. Location: Ourense. Spain; Owner: Mho — Sil Hydrographical Confederation; Budget: € 5,582,031 • Project: Wastewater Treatment Plant in the city of Cedeira. Location : La Coruna. Spain ; Owner : Augas de Galicia. Xunta de Galicia; Budget: € 2,534,625 • Project: Water supply to Cospeito County. Location: Lugo. Spain; Owner: Augas de Galicia. Xunta de Galicia; Budget: USD $1,706,004 AMEBIC N CONSIRUCTIO LLc Ruben Martinez Cost Control Mr. Martinez has extensive civil engineering experience as Cost Controller including many construction projects, especially those related to hydraulic infrastructures: water & waste water transmissions (gravity + force main), irrigation systems, dams and water & waste water treatment plants. Ruben is fully proficient In the use of Windows/Microsoft Office (Excel, Word, Power Point, Outlook); Microstation, AutoCAD, WaterCAD (CAD Software); ANSYS, FRAME, CYPE (Structural design); CLIP, TOPCAL, CARTOMAP (Surveying and Alignment software); HEC-RAS 2.2 (Hydraulic Software); and Microsoft Project. EDUCATION Civil Engineering, University of La Coruna, Spain TRAINING • Course on wastewater treatment and O&M of Wastewater Treatment Plants, CEDEX, November 2008 • Technical seminar on disinfection and deodorization of Wastewater Treatment treatment Plants. Augas de Galicia, Government of Galicia, 2009 • Course on Health and Safety in construction, Fremap, 2009 PROJECT EXPERII:INCE Cost Controller • Project: Improvement and automation of the Eiras Dam. Location: Pontevedra, Spain; Owner: Augas de Galicia. Xunta de Galicia; Budget USD $1,505,114 • Project: Improvement and automation of the Baiona Dam. Location : Pontevedra. Spain; Owner: Augas de Galicia. Xunta de Galicia; Budget: USD $1,736,670 • Project: Reinforcement of Phase 1 of the non -hazardous waste tank at Areosa. Cerceda. Location: La Coruna. Spain; Owner : SOGAMA; Budget: USD $3,183,895; June - November 2010. • Project: Sanitation actions in the Northern Area of the Ria (Estuary) of Ares and in the Southern Area of the Ria (Estuary) of Ferrol, Ares, Fene and Mugardos. Location: La Coruna, Spain; Owner: Augas de Galicia. Xunta de Galicia; Budget: USD $106,620,540 • Project: Sewerage system and WWTP in the city of Muros. Location: La Coruna. Spain ; Owner: Augas de Galicia. Xunta de Galicia; Budget: USD $12,735,580 ^^/zmrAt, (CVP1 PEL q 1 0 N 0 E William ��|||Yy~�k~�� Gonzalez , , |i|iv~�� | | �~~x�� |��U^�^��Foreman VNUim0 Gonzalez has oVer2U years of experience In the construction iDdUatry. His experience includes installation of|forms ofpipelines, from 1"to12U".supervising, multiple projects, HoviDgno0p|etednurOo[oUa large size pipe installation for |000| 0UD|o1poUUea |ndUd|Og but not limited to FD(}T` VVA8O. City of Florida City, City ofFort Lauderdale, City ofHialeah, CERTIFICATIONS Occupational Safety and Health Administration (OSHA) Certified PROJECT EXPERIENCE ^ Design —Build Palmetto SIR 836 Interchange (Community JV\— " 8R'924 9mSt) From SR-7/NVV7mAve hV8R-90Q/VV.Dixie Highway; FDOT430809-1-52-018 ° Design Build Project to Construct Express Lanes along SR-826 (Palmetto Expressway) and 1-75 (SR 93); Project No. 482887-1-52-01.4O2887'2'52-01.43U7S5-1'52'O1and 43O7U5-1`O2-O2;Contract No, G-0|O5. ° Improvements oONVV38mGtrae1fro0West ufLee Drive k]East ofNorth River Drive; Contract No. E-6H77| Florida Department ofTransportation District 8|FEN No.427148'1-52-.01|Contract Sum: $174,575.44 ~ GR-872(Coral Way) (SW 22»uGt.)From 8VV37mAve hoAPtEofGVV13mAve; FIN No. 427513;1~52-01. 427513~1-52-01&427513-1'58'O1|Contract No. TG308;FAPNo, 8144O84U|Miami-Dade County; ` Contract Sum: $171.794 ° People's Transportation / \ Roadway Improvements to SW 176mSt|From 8VV107mAvenue ho US-1 South; FIN No. 20130235; Miarni-Dade County; Contract Sum: $817,399.7 ° Runway12-30 Pavement Rehabilitation; Project No.H02413-3 Miami -Dade County; Contract Sum: $22779388R-9/1..85 Express Lanes; Project No, 422796-1-52-01 &422798-2-53-01' BrovVard &M|8mi- Dade Counties; Contract Sum: .$815,665.6,IMDX " Design Build; Central Blvd widening & Realignment; Program No. 11211.03O|Contract Sum: $2.278.962J0FDOT#: 240581-1-52-01|Joint Venture D.B.SR'828/Pa|nnotto\and GF-830/Oo|ph|D\ Interchange; Contract Sum: $3.800.841.84 ° SIR Al A Collins Ave from 5m Street to Lincoln Road — Intersection Improvement; ProjectNo.25U238-3'52~ 01.200230-1'52-01,250236~3'52~02.250238'3-52'03|OoDtraotNo.7-6294;FAP#0238022U;K4lam\' DadaCountv;Uontra(tGuO1' $519502,13 ° Golden Glades Mainline Plaza All Electronic Toll Phase 4;Project No. 4i5402-2-52-2SR'01|Contract No. E8L8Q|FAP#:N/A;Miami Dede'Oountv Contract Sum: $170.O0i.5OXDesign Build; 8R-874Mainline Reconstruction Contract Sum: $1,378,553.74 °Site Preparation and NAVAIDS Infrastructure at the Fort Lauderdale -Hollywood International Airport; AMERICAN magsgaiminswine] PIPELINE CONSTRUCTION LLC 10117 SW 5th Street Miami, FI, 33174 Telephone: (305) 225-1503 Fax; (786) 322.5268 Qualifications and Experience Projects by John Chaney Financial Project ID 249581-1-56-01 State Road No. 826/ Palmetto Expressway Force Main 48" PCCP. (2779 linear feet) Project Supervisor Miami Dade Water And Sewer Department Mr. Lawrence Goodwin 3575 SOUth Lejeune Road Miami, Florida 33146 number 786-295-3764 Goodwin iDmianndade.gov 3/11/1997 Flagler Interconnect Water And Sewer Department Project Force Main 48" PCCP, 42" PCCP, (3980 linear feet) :Project Supervisor Miami 1-,)a,de Water And Sewer Department Mr. Nelson Cespedes .3575 South Lejeune Road Miami, Florida 33146 AMERICA•N PiPELINE MEMNON CONSTRUCTION LLC HEFT 11 SR 821 DeMoya Group 247 ea Drainage Inlets 12,000 LF Various Size Pipe MIA.1141 GARDENS DRIVE Project Valuation: $4,500.000 FDOT Start date — End date 3000 .13 of Gravity Sewer 0-6 8-10 10-12 24 ea. Sewer Manholes Project Valuation: $L200,000 PALMETTO EXPRESSWAY CORAL WAY TO 72ND AVE DeMoya Group Start date —End date 4.20 ea. Drainage Inlets Various Sizes 28,000 LF of A2000 Pipe 1.2" to 36" 240 LF of RCP 42" to 54" KEY WEST NORTH ROOSEVELT FDOT 125 ea Draining Inlets Various Sizes 19,000 LF of A2000 Pipe 6" to 48" 9000 LF 24" Force main 25,000 LF of 8", 12", 24" Water main Gravity Sewer Various Location Storm Drainage Deep Wells Project Valuation: $2,700.000 KEY WEST NORTH ROOSEVELT (cont'd) FDOT Water Main Bypass 18" Force main Bypass 24" Water main Bridge Cross ing • •, AMERICAN. Illummum CONSTRUCTION LLC Force main Steel Bridge Crossing Project Valuation: $5,000,000 ORLANDO 1-4 WIDENING SR 44 TO EAST 1-95 MOT Start date — End date 6,000 LF of 18" to 36" A2000 Pipe Drainage Inlets. Various Sizes Project Valuation: $933,276 ORLAND WEKIVA SANFORD SR 52 FD OT Starte date — End date 10,000 LF of 18" to 36" A2000 Pipe 2000 LF of RCP 18" to 54" Project Valuation; $1,250,000 VE.RO BEACH SR 9 JNDIAN RIVER DeMoya Group 6000 LF of 18" RCP Pipe .Project Valuation: $1,250,000 MILAM DAIRY ROAD MDWS 48 Drainage Inlets 4,000 LF 18" RCP Pipe Project Valuation: $1,250,000 SR 826 PALMETTO EXPRESSWAY MOT Force Main Sanitary Sewer Relocations 2779 LF of 48" PCCP Pipe Project Valuation: $2,635,000 FLAGLER INTERCONNECT WASA L1700 LF OF 48" and 42" PCCP Pipe Project Valuation: $1,550,000 AMERICAN INIMENIONIMMORM Fi ELI 11111010110 CONSTRUCTION LLC MIAMI DADE COUNTY WATER AND SEWER DEPARTMENT 36" Force Main 4500 LP 1:84'1St :from SW 97`11 Ave to SW 107'1' Ave Lou Napier — WAS.D Chief Inspector MIAMI DADE COUNTY WATER AND SEWER DEPARTMENT M.i.anti Dade Metro Zoo 36" Force Main- 8000 LP Proigts by Leonel Garcia Fort .Lauderdale International Airport Expansion Runway 9R-271, Furnish and Install 4427 LF of 24" DIP Furnish and install 1300 LF of 96" RCP Sewer Furnish and Install 7000 LF of 48" RCP Sewer Furnish and Install 6948 LF of 36" RCP Sewer Contractor: Odebreclit-CFE IV Contact: Greg Mears Please see resume for additional references. EFERENCS PIN CLF r Inc. ConsultIng 6 Palermo Avenue Coral Gables, FL 33134 Office: (305) 262-1925 www.pInnaclecel.com April 21, 2018 Re: American Pipeline Construction LLC (APC)— Letter of Recommendation for FDOT Certification To Whom It May Concern, Andres Luna, owner and managing partner with APC, worked as a project manager for Community Asphalt Corp. on FDOT Project FIN #429135-1-52-01 SR-826/Palmetto Expressway from NW 154th Street to East of NW 57th Avenue and On -Ramp and Off - Ramp at NW 154th Street, also intersection Improvements at NW 57th Avenue. The project value was S 3,942,164,00. During this project Andres Luna's leadership and superb knowledge assisted with meeting our timely completion of the project while minimizing public impacts and aggressively pursuing early completion of the project while keeping the project within budget. I strongly recommend American Pipeline Construction LLC. as a general contractor and underground contractor. Should you have any questions or concerns you can contact me at any time. Sincerely, Roland A. Rodriguez, P.E. Vice President INVITATION TO BID (ITB) NW 24TH AVENUE, NW 25TH AVENUE, AND NW 32ND STREET ROAD IMPROVEMENTS, D1 PROJECT B-30723 ITB NUMBER 19-20-009 ISSUE DATE NOVEMBER 8, 2019 VOLUNTARY PRE -BID CONFERENCE NOVEMBER 14, 2019 11:00 A.M. ADDITIONAL INFORMATION AND CLARIFICATION DEADLINE NOVEMBER 22, 2019 5:00 P.M. PROPOSAL SUBMISSION DUE DATE DECEMBER 11, 2019 2:00 P.M. CONTACT Anthony Hansen Sr. Procurement Contracting Officer Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Phone: 305-416-1895 Fax: 305-400-5237 E-mail: amhansen@miamigov.com TABLE OF CONTENTS NOTICE TO CONTRACTORS 8 DEFINITIONS 10 SECTION 1 - INSTRUCTIONS FOR SUBMISSION 13 1. Intention of City 13 2. Scope of Work 13 3. Location of the Project 13 4. Performance of the Work 13 5. Examination of Contract Documents and Site 13 6. Addenda 14 7. Bid Submission 14 8. Bid Guaranty 14 9. Preparation of Bid 15 10. Pre -Bid Conference 15 11. Postponement of Bid Opening Date 15 12. Acceptance or Rejection of Bids 15 13. Environmental Regulations 15 14. Bid Award 16 15. Bid Protest 16 16. Small Business Enterprise (SBE) Participation 16 17. Local Workforce Participation 17 18. Responsible Wages and Benefits 19 19. Cone of Silence 19 20. Public Entity Crime 19 21. Fraud and Misrepresentation 20 22. Collusion 20 23. Contractor in Arrears or Default 20 24. Cancellation of ITB 20 SECTION 2 - ITB GENERAL TERMS AND CONDITIONS 21 1. Time is of the Essence 21 2. Contract Term; Guaranteed Maximum Cost 21 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price 21 4. Notices 22 5. Priority of Provisions 23 6. Indemnification 23 NW 24th Ave, NW 25th Ave., and NW 32nd Street 2 ITB No. 19-20-009 Road Improvements Project No. B-30723 7. Insurance 24 8. Performance and Payment Bond 26 9. Qualification of Surety 27 10. General Requirements 27 11. Method of Performing the Work 28 12. Work Staging and Phasing 28 13. Site Investigation and Representation 28 14. Contractor to Check Plans, Specifications, and Data 29 15. Contractor's Responsibility for Damages and Accidents 29 16. Accidents 29 17. Safety Precautions 29 18. Occupational Health and Safety 30 19. Labor and Materials 31 20. Rules, Regulations, Laws, and Licenses 31 21. Consultant Services 31 22. Project Management 32 23. Superintendence and Supervision 32 24. Authority of the Project Manager 33 25. Inspection of Work 33 26. Taxes 34 27. Separate Contracts 34 28. Lands of Work 34 29. Coordination of Work 35 30. Differing Site Conditions 35 31. Existing Utilities 35 32. Contractor's Responsibility for Utility Properties and Service 36 33. Interfering Structures 36 34. Field Relocation 36 35. Contractor's Use of Project Site(s) 36 36. Warranty of Materials and Equipment 37 37. Material and Equipment Shipment, Handling, Storage and Protection 37 38. Manufacturer's Instructions 38 39. Manufacturer's Warranty 39 40. Reference Standards 39 41. Submittals 39 42. Shop Drawings 40 43. Product Data 41 NW 24th Ave, NW 25th Ave., and NW 32nd Street 3 ITB No. 19-20-009 Road Improvements Project No, B-30723 44. Samples 42 45. Record Set 42 46. Supplemental Drawings and Instructions 42 47. Contractor Furnished Drawings 42 48. Substitutions 43 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 44 55. Change Orders 45 56. Change Order Procedure 45 57. No Oral Changes 46 58. Value of Change Order Work 46 59. Extra Work Directive 48 60. As -Built Drawings 49 61. Worker's Identification 50 62. Removal of Unsatisfactory Personnel 50 63. Substantial Completion, Punch List, and Final Completion 51 64. Acceptance and Final Payment 51 65. NPDES Requirements 52 66. Force Majeure 52 67. Extension of Time 52 68. Notification of Claim 53 69. Extension of Time not Cumulative 54 70. No Damages for Delay 54 71. Excusable Delay, Non-Compensable 54 72. Lines and Grades 54 73. Defective Work 54 74. Acceptance of Defective or Non -Conforming Work 55 75. Uncovering Finished Work 55 76. Correction of Work 55 77. Maintenance of Traffic and Public Streets 56 78. Location and Damage to Existing Facilities, Equipment, or Utilities 57 79. Stop Work Order 58 80. Hurricane Preparedness 58 NW 24th Ave, NW 25th Ave., and NW 32"d Street 4 ITB No. 19-20-009 Road Improvements Project No. B-30723 81. Use of Completed Portions 58 82. Cleaning Up; City's Right to Clean Up 59 83. Removal of Equipment 59 84. Set -offs, Withholdings, and Deductions 59 85. Event of Default 59 86. Notice of Default -Opportunity to Cure 60 87. Termination for Default 60 88. Remedies in the Event of Termination for Default 61 89. Termination for Convenience 61 90. Resolution of Disputes 62 91. Mediation -Waiver of Jury Trial 63 92. City May Avail Itself of All Remedies 63 93. Permits, Licenses, and Impact Fees 63 94. Compliance with Applicable Laws 64 95. Independent Contractor 64 96. Third Party Beneficiaries 65 97. Successors and Assigns 65 98. Materiality and Waiver of Breach 65 99. Severability 65 100. Applicable Law and Venue of Litigation; Attorney's Fees 65 101. Amendments 65 102. Entire Agreement 66 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 66 104. Evaluation 66 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County and the State of Florida 66 106. Royalties and Patents 66 107. Continuation of the Work 66 108. Review of Records 67 109. No Interest 67 110. Payments Related to Guaranteed Obligations 68 111. Consent of City Required for Subletting or Assignment 68 112. Agreement Limiting Time in Which to Bring Action against the City 68 113. Defense of Claims 68 114. Contingency Clause 68 115. Mutual Obligations 69 116. Contract Extension 69 NW 24th Ave, NW 25th Ave., and NW 32nd Street 5 ITB No. 19-20-009 Road Improvements Project No. B-30723 117. Non -Exclusivity 69 118. Nature of the Agreement 69 119. Contract Documents Contain All Terms 69 120. Survival 69 121. Disclosure of State Funding, if Applicable 70 SECTION 3 - ITB SUPPLEMENTAL TERMS AND CONDITIONS 71 1. Contract Time and Hours 71 2. Progress Payments 71 3. Liquidated Damages 72 4. Schedule of Values 73 5. Project Schedules 73 6. Release of Liens/Subcontractor's Statement of Satisfaction 73 7. Progress Meetings 74 8. Request for Information 74 9. Project Site Facilities 74 10. Inspection of Work - Intentionally Omitted 75 11. Security 75 12. Construction Signage 75 13. Construction Photographs 75 14. City Furnished Property 75 16. Field Layout of the Work and Record Drawings for Drainage Projects 76 17. Survey Work for Drainage Projects 77 18. E-Verify - Mandatory Use 77 19. Cures 77 SECTION 4 — BID FORMS 78 BID FORMS 78 CERTIFICATE OF AUTHORITY (IF CORPORATION) 84 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) 85 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) 85 CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) 85 NOTARIZATION 86 BID BOND FORM 87 CERTIFICATE AS TO CORPORATE PRINCIPAL 89 QUESTIONNAIRE 90 EXPERIENCE OF THE PRIME CONTRACTOR/REFERENCE FORM ITB-GCR 95 NW 24th Ave, NW 25th Ave., and NW 32nd Street 6 ITB No. 19-20-009 Road Improvements Project No. B-30723 C)FF|{)E LOCATION AFFIDAVIT QO CERTIFICATE C)FCOMPLIANCE CITY CODE SECTIONS 18-O7.18-89.AND 18'120 90 LOCAL WORKFORCE PARTICIPATION BID QUESTION' 100 SECTION 6'CONTRACT EXECUTION FORMS 101 CORPORATE RESOLUTION 102 FORM C)FPERFORMANCE BOND 103 CERTIFICATE A8TDCORPORATE PRINCIPAL 107 PERFORMANCE AND PAYMENT GUARANTY FORM -UNCONDITIONAL/IRREVOCABLE LETTER C)FCREDIT 108 FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY 110 AFFIDAVIT 111 NYV24mAve, NVV20mAvo.and NVV32ndStreet 7 IT8No. 19-2O-0O9 Road Improvements NOTICE TO CONTRACTORS ITB NO: 19-20-009 NW 24TH AVENUE, NW 25TH AVENUE, AND NW 32ND STREET ROAD IMPROVEMENTS, Di PROJECT B-30723 Sealed Bids must be delivered to the Office of the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., on December 11, 2019 ("Bid Submittal Due Date"). Any Bids received after the above date and time or delivered to a different address, department, or location will not be considered. ITB documents may be obtained on or after November 8, 2019, from the City of Miami, Office of Capital Improvements (OCI) webpage at http://www.miamigov.com/MiamiCapital/NewBidsandProposals.html. Scope of Work: The Work consists of, but is not limited to, the street reconstruction, milling and resurfacing, drainage installation, water main and water services installation, and replacement of curbs, driveways, Americans with Disabilities Act ("ADA") compliant ramps, pavement marking and signage. Utility Work will be funded by a Joint Project Agreement ("JPA") with Miami -Dade County Water and Sewer Department ("WASD"). Funding for Utility Work will be released after satisfactory inspection by WASD. The full Scope of Work is detailed in the Contract Documents. Minimum Requirements: Prospective Bidders shall, as of the Bid Due Date: A. Have a current Certified General Contractor ("CGC") license from the State of Florida OR a Miami -Dade County Certificate of Competency as a General Engineering Contractor AND have a minimum of five (5) years' experience under its current business name. B. The General Contractor shall have experience as the Prime Contractor for at least three (3) completed projects of similar scope and complexity within the last five (5) years. The reference projects must consist of the following components: institutional/commercial facilities. The General Contractor must have a proven track record of coordination of the trades required for structural, mechanical, plumbing, and electrical work required for the construction. Submitted reference projects, utilizing Form ITB-GCR, must demonstrate that the General Contractor: i) was the General Contractor for the project; ii) self -performed at least thirty percent (30%) of the physical labor construction work for the project. The City reserves the right to request additional/supplemental information and/or contact listed persons pertaining to Bidder's experience/minimum requirements. It is the sole responsibility of Bidders to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the OCI webpage for updates through the issuance of addenda. The Department of Procurement has scheduled a Voluntary Pre -Proposal Conference, on November 14, 2019, at 11:00 a.m. EST, at 444 SW 2nd Avenue, 6th Floor, 602 South Conference Room, Miami, FL 33130. Any Bidders not attending the Pre -Bid Conference will not be precluded from submitting a Bid. The City of Miami reserves the right to accept any Bids deemed to be in the best interest of the City, to waive any minor irregularities, scrivener's errors, omissions, and/or technicalities in any Bids, or to reject any or all Bids and to re -advertise for new Bids, in accordance with the applicable sections of the Florida Statutes, the City Charter and Code, and this ITB. NW 24th Ave, NW 25th Ave., and NW 32"d Street 8 ITB No. 19-20-009 Road Improvements Project No. B-30723 All bids shall be submitted in accordance with Section 1, "Instructions for Submission." Bidders must submit one (1) original, unbound bid package, and one (1) electronic bid package on a CD or USB Drive in SEARCHABLE .pdf format, at the time, date, and location indicated where bids will be publicly opened. Failure to submit one (1) original full set may result in the bid being deemed non -responsive. The responsibility for submitting a Bid before the stated time and date is solely and strictly that of the Bidder. The City is not responsible for any delay, late, misdelivered, or non -delivered Bids, no matter the cause. Bidders assume all risk for any delay or mistake. PROPOSERS ARE ADVISED THAT PROPOSALS OR BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM SUBMISSION REQUIREMENTS OF A REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), INVITATION TO BID (ITB), INVITATION FOR BIDS (IFB), INVITATION TO QUOTE (ITQ), REQUESTS FOR LETTERS OF INTEREST (RFLI), AND REQUEST FOR SPONSORSHIPS (RFS) SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. ANY SOLICITATION ISSUED AFTER MAY 6, 2019 SHALL COMPLY WITH APM 2-19. APM 2-19 IS EXPRESSLY INCORPORATED BY REFERENCE AND MADE A PART OF THIS SOLICITATION AS IF SET FORTH IN FULL. ONLY MINOR IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES MAY BE ALLOWED TO BE TIMELY CURED BY PROPOSERS AT THE SOLE DISCRETION OF THE CITY. MATERIAL IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES CANNOT BE CURED BY THE PROPOSER/BIDDER AND ARE NOT WAIVABLE BY THE CITY. BIDDERS ARE HEREBY ADVISED THAT THIS ITB IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271, CODIFIED AS SECTION 18-74, CITY OF MIAMI CODE, AS AMENDED. Emilio T. Gonzalez, PhD, City Manager NW 24th Ave, NW 25th Ave., and NW 32nd Street 9 ITB No. 19-20-009 Road Improvements Project No. B-30723 DEFINITIONS Architect of Record (AOR) means a designation reserved, usually by law and regulations, for a person or organization professionally qualified and licensed in the State of Florida to perform architectural services. Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a Bidder to this solicitation, which includes the price, authorized signature and all other information or documentation required by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated, or unincorporated business entity, limited liability company, or corporation tendering a Submittal, acting directly or through a duly authorized representative. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. Construction Engineering Inspection (CEI) means an individual or an organization (assigned by the Director of OCI) responsible in assisting the City's Project and Construction Managers in Contract administration, site inspections, material sampling and Project close-out. Construction Manager (CM) means the individual or organization assigned by the Director of OCI whose duties include reviewing Project documents during the design phase and managing the construction phase that include, but not limited to, directing and coordinating construction activities associated with the Project. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for the Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Project. Consultant may also be referred to as Architect or Engineer of Record. Contract means the Invitation to Bid (ITB) solicitation and the bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City. Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addenda, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project. NW 24th Ave, NW 25th Ave., and NW 32nd Street 10 ITB No. 19-20-009 Road Improvements Project No. B-30723 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. 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 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. Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). Design Documents meansthe construction plans and specifications included as part of a bid prepared by the Consultant for this Project under a separate Agreement with the City. Director means the Director of the Office of Capital Improvements or designee, who has the authority and responsibility for managing the Project under this Agreement. Drawings means the graphic and pictorial portions of the Work, which show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Engineer of Record (EOR) also referred to as Consultant, a designation reserved, by law, for a person or qualified engineering firm or organization qualified and licensed in the State of Florida to conduct professional engineering services. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the Consultant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the Architect or Engineer of Record or the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost aka Guaranteed Maximum Price means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work based on the cost of labor and materials plus overhead expenses, reimbursable expenses, and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished, and of the Work performed, by Contractor. Local Workforce Participation Requirements mean the requirements set forth in § 18-89 of the City Code that (unless determined inapplicable or exempted by the City Manager pursuant to this Code Section) which Contractor must employ on -site labor from persons who reside within the City of Miami municipal boundaries (e.g., city limits). Materials mean goods or equipment incorporated in a Project or used or consumed in the performance of the Work. Notice of Award means the letter written to the Contractor by the City, notifying the Contractor that they have been awarded the Contract. Notice to Proceed means a written letter or directive issued by the Director acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project. NW 24th Ave, NW 25th Ave., and NW 32nd Street 11 ITB No. 19-20-009 Road Improvements Project No. B-30723 Physical Construction Labor Work means the completed construction services required by the Contract Documents, completed through the use of the Contractor's own employees and excluding all materials, supplies, and equipment incorporated or to be incorporated in such construction. Plans and/or Drawings means the official graphic representations of a Project. Project or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project. Project Manager (PM) means the City employee (assigned by the Director) to manage the Project that may include, but is not limited to coordination of design, procurement and construction activities; assigning management tasks to EOR, CM or CEI (hereby known as designee), establish lines of communication and responsibilities to ensure that the Project is completed in a timely manner. Qualifier means a person whose license is attached to the Contractor's company so that the Contractor is currently able to legally do Work in the State of Florida. The Qualifier is fully responsible for the quality of the Work that is performed by the Contractor. Request for Information (RFI) means a request from the Bidder seeking an interpretation or clarification relative to the ITB. 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 Bidder 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 also known as the Director of the Department of Risk Management, or the Director's authorized designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Small Business Enterprise (SBE) means a construction related enterprise, including a design -build firm, and any firm providing trades and/or services for the completion of a construction Project, as defined in Section 10-33.02 of the Code of Miami -Dade County. SBE is additionally referenced in Section 18-89 of the City Code and in these Contract Documents. SBE was formerly known as Community Small Business Enterprise (CSBE). Subcontractor means a person, firm or corporation having a direct Contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents but does not include one who merely furnishes Materials not so worked. Submittal means documents prepared and submitted by the Bidder. 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 Completion 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. NW 24th Ave, NW 25th Ave., and NW 32nd Street 12 ITB No. 19-20-009 Road Improvements Project No, B-30723 SECTION 1 INSTRUCTIONS FOR SUBMISSION 1. Intention of City It is the intention of the City to describe in this Invitation to Bid ("ITB") the Project to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project. Any Work, materials or equipment that may reasonably be inferred from the Contract as being required to produce the intended result, shall be supplied by Contractor whether or not specifically called for. Where words have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work Scope of Work: The Work consists of, but is not limited to, the street reconstruction, milling and resurfacing, drainage installation, water main and water services installation, and replacement of curbs, driveways, sidewalks, Americans with Disabilities Act ("ADA") compliant ramps, pavement marking and signage and sod installation. Utility Work will be funded by a Joint Project Agreement ("JPA") with Miami -Dade County Water and Sewer Department ("WASD"). Funding for Utility Work will be released after satisfactory inspection by WASD. The full Scope of Work is detailed in the Contract Documents. 3. Location of the Project NW 24th Avenue (NW 28th Street to NW 30th Street); NW 25th Avenue (NW 31st Street to NW 32nd Street); and NW 32nd Street (NW 22nd Avenue to NW 23rd Avenue), Miami, FL 33142. 4. Performance of the Work Contractor shall self -perform (complete) at least thirty percent (30%) of all Physical Construction Labor Work for the negotiated construction cost of the entire Project utilizing its own employees. If the Work is phased, the thirty percent (30%) requirement shall apply jointly and severally to each and every phase of the Work. For the avoidance of doubt this means the thirty percent (30%) requirement shall apply to each and every phase of the Work. The City reserves its right to require documentary confirmation of this requirement. By submitting a bid, the Bidder certifies that it shall utilize its own employees to meet this requirement. As part of the bid, the Bidder must include, fill out, and submit the form titled/named "Questionnaire." Failure to complete and submit this form, or to meet this requirement, shall result in the bid being deemed non -responsive. Where the City determines that Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default of the Contract. For the avoidance of doubt, the self -performance requirement shall apply separately to each phase of the Work. 5. Examination of Contract Documents and Site It is the responsibility of each Bidder, before submitting a bid to this Invitation to Bid (ITB), to: a. Carefully review the ITB, including any addenda and notify the City of all conflicts, errors, or discrepancies, b. Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance, and furnishing of the Work, NW 24th Ave, NW 25th Ave., and NW 32nd Street 13 ITB No. 19-20-009 Road Improvements Project No. B-30723 c. Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Charter and Code, the City Procurement and Zoning Ordinances, and Florida Building Code) and any other applicable codes, laws, regulations, ordinances and rules that may affect a Bidder's ability to perform the Work, d. Study and carefully correlate Bidder's observations with the requirements of the ITB, and e. Sign and return all required ITB forms as applicable. The submission of a bid to this solicitation shall constitute an incontrovertible representation by Bidder that it shall comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addenda Only questions answered via written addenda issued by the City will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparation of a bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Department of Procurement (Procurement) in writing, to the attention of Anthony Hansen, Sr. Procurement Contracting Officer at AMHansen(a�miamigov.com, with a copy to the Office of the City Clerk at Clerks(a),miamigov.com. Interpretations or clarifications considered necessary by Procurement in response to such questions will be issued by the City by means of an Addendum. All Addenda will be posted on the OCI webpage. Written questions must be received by the City, no later than November 22, 2019 at 5:00 p.m. Late questions will not be considered. 7. Bid Submission All bids must be received by the City of Miami, Office of the City Clerk, located at City Hall, First Floor, 3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope and legibly marked on the outside: BID NO.: 19-20-009 PROJECT NAME: NW 24th Avenue, NW 25th Avenue, and NW 32nd Street Road Improvements, D1 — Project B-30723 Bidders must submit one (1) original, unbound bid package, and one (1) electronic bid package on a CD or USB drive in SEARCHABLE .pdf format. Failure to submit one (1) full set original may result in the bid being deemed non -responsive. 8. Bid Guaranty All bids shall be accompanied by either an original Bid Bond executed by a surety transacting business in Florida meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit by a bank transacting banking business in Florida, Bid Bond Voucher (for Projects totaling less than two hundred thousand dollars ($200,000) inclusive of all fees, costs, and expenses) issued to City of Miami by certified check, treasurer's check, or bank draft of any national or state bank (United States) (excluding personal checks), in the amount of five percent (5%) of the total bid amount (payable to City), and conditioned upon Contractor executing the Contract and providing the required Performance and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. Please no personal checks. The time for execution of the Contract and provision of the Performance and Payment Bond and Certificate(s) of Insurance may be extended for a duration not exceeding thirty (30) calendar days by OCI at its sole and absolute discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. Security of the Contractor shall be forfeited to the City as liquidated damages and not as a penalty, for the NW 24th Ave, NW 25th Ave., and NW 32nd Street 14 ITB No. 19-20-009 Road Improvements Project No. B-30723 cost and expense incurred should said Contractor fail to execute the Contract and provide the required Performance Bond and Payment Bond. Any form of Bid Guaranty shall be in a form acceptable to the City's Risk Management Administrator and the City Attorney, as to legal form. 9. Preparation of Bid All bids shall be made upon the blank City forms provided herein and herewith. 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, may result in the bid being deemed non -responsive. The Bidder shall be considered non -responsive if its bid is conditioned on modifications, changes, or revisions to the terms and conditions of the ITB. The bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead, and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. • Joint venture firms must complete and submit with the bid, the form titled "Information for Determining Joint Venture Eligibility" (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities, and levels of participation for the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. 10. Pre -Bid Conference A Voluntary Pre -Bid Conference will be held on November 14, 2019 at 11:00 a.m. (Local Time) at the City of Miami MRC, 444 SW 2nd Avenue, 6th Floor, 602 South Conference Room, Miami, FL 33130, to discuss this ITB. Since space is limited, it is recommended that one representative of each firm attend in order to become familiar with the ITB. Attendees are requested to bring this ITB Package to the conference. 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of bid submissions and will make a reasonable effort to give at least three (3) calendar days' notice, whenever practicable, of any such postponement to prospective Bidders. 12. Acceptance or Rejection of Bids The City reserves the right to reject any or all bids prior to award, to re -advertise for bids, and not to award any Contract, in the reasonable discretion of the City. The City reserves the right to waive any minor or non -material technicality, informality, variance, deviation, mistake, omission, or the like up to or prior to award of the Contract. 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 price before the expiration of one hundred eighty (180) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred eighty (180) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental or similar laws, codes, and regulations (Regulations) in determining a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination NW 24th Ave, NW 25th Ave., and NW 32nd Street 15 ITB No. 19-20-009 Road Improvements Project No. B-30723 in the opinion of the City. Bidder shall submit with its bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation, which Bidder may receive after the submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and, at its sole and absolute discretion, may conduct site visits, and require the Bidder to furnish documentation and/or require the Bidder 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, knowledge, and experience of the trade Work to be performed, the quantity of Work being performed, and past performance on City Projects by the Bidder. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion, may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other Contracts with the City, any City agency or instrumentality. 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, or who is indebted to the City, and City agency or instrumentality, may be declared non- responsive. Any Bidder who may have filed a lawsuit against the City, or where the City has filed a lawsuit related to the Bidder and any City contract or won a court judgment against the Bidder, or if the Bidder is indebted to the City, or if the Bidder fails to fully and completely disclose all material Facts OR TRUTHFULLY ANSWER QUESTIONS OR REQUESTS FOR INFORMATION, may be declared non -responsive. City for these purposes shall include any City agency or instrumentality. 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 Chief Procurement Officer, in accordance with the procedures contained in Section 18-104, City Code "Resolution of Protested Solicitations and Awards," as amended, of the City Code, Ordinance No. 12271 (the City of Miami Procurement Ordinance codified in Chapter 18, Article III, Section 18-104, City Code) describing the protest procedures. Protests failing to meet all 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 WILL BE MADE TO THIS REQUIREMENT. 16. Small Business Enterprise (SBE) Participation The Contractor must comply with the following SBE participation requirements. All instructions, required forms, and other information necessary for complying with the SBE participation requirements are available on the OCI webpage.The Contractor must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami -Dade County as a Small Business Enterprise (SBE) as set forth in Section 10-33.01 and Section 10-33.02 of the Miami -Dade County Code; a. Five percent (5%) of the bid amount shall be retained by the City for the SBE requirements until said requirements are fulfilled and verified within six (6) months of the Contract completion date pursuant to Section 18-89 of the City Code. Failure to comply with the SBE requirements within NW 24th Ave, NW 25th Ave., and NW 32nd Street 16 ITB No. 19-20-009 Road Improvements Project No. B-30723 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; b. The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Section 18-89 of the City Code. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Sections 454, 471, 473, or 481 of the Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in Contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related Contract costs. The following Zink is to the Miami -Dade County website where Bidders can view the current listing of certified SBE Contractors by trade: http://www.miamidade.gov/smallbusiness/certification-lists.asp. 17. Local Workforce Participation a. Contractor must employ the following minimum percentage requirements for on -site labor from persons residing within Miami -Dade County (an individual whose primary place of residence is within Miami -Dade County), for the duration of the Project: 1. Construction Contracts with a construction cost of up to two hundred fifty thousand dollars ($250,000) shall have no Local Workforce Participation requirement. 2. Construction Contracts with a construction cost of two hundred fifty thousand dollars ($250,000) or more, but less than five hundred thousand dollars ($500,000) shall have a minimum Local Workforce Participation requirement of ten percent (10%). 3. Construction Contracts with a construction cost of five hundred thousand dollars ($500,000) or more, but less than seven hundred fifty thousand dollars ($750,000) shall have a minimum Local Workforce Participation requirement of fifteen percent (15%). 4. Construction Contracts with a construction cost of seven hundred fifty thousand dollars ($750,000) or more, but less than four million dollars ($4,000,000) shall have a minimum Local Workforce Participation requirement of twenty percent (20%). 5. Construction Contracts with a construction cost of four million dollars ($4,000,000) or more shall have a minimum Local Workforce Participation requirement of forty percent (40%). All Local Workforce Participation percentage requirements listed above shall be applied on the construction Project's on -site labor force. The County residency of the onsite labor component shall be subject to verification by the OCI. b. The Contractor shall strive to employ a minimum of fifty percent (50%) of the aforementioned minimum Local Workforce Participation percentage requirements from within the City commission district where the Project is located. c. Five percent (5%) of the bid amount shall be retained by the City for the local requirements until said requirements are fulfilled and verified by the City Manager, or authorized designee as being fulfilled within three (3) months of Contract completion. Failure to satisfactorily meet the requirements 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 and will comply with percentages specified in F.S. § 218.735. NW 24th Ave, NW 25th Ave., and NW 32"d Street 17 ITB No. 19-20-009 Road Improvements Project No. B-30723 d. The Contractor shall coordinate job fairs and hiring initiatives with the South Florida Workforce or a similar state chartered regional workforce development board acceptable to the City Manager. 1. For Contracts with a bid amount between one million dollars ($1,000,000) and two million dollars ($2,000,000), the Contractor shall be required to hold one job fair within the local community. 2. For Contracts with a bid amount greater than two million dollars ($2,000,000), the Contractor shall be required to hold two job fairs within the local community. e. Bid and response documents to which a Local Workforce Participation requirement goal has been applied shall require the Contractor to develop and submit to the City, within thirty (30) calendar days of notification of award of the construction Contract, a workforce plan (plan) outlining how the goal will be met, and containing the following information and elements required by this section. The Contractor shall provide to the City, proof of adherence to the City's Local Workforce Participation requirements within the past three (3) years, and the Contractor's past compliance with these requirements. The Contractor's response must include: 1. Contract number, name, and a brief description of Work; 2. Total dollar value of the Contract; 3. Dates covering the term of the Contract; 4. Percentage of Local Workforce Participation requirements met by the Contractor; 5. Breakdown of local workforce used to meet requirements (number of persons broken down by trade and category); 6. If the Contractor was unable to meet the Local Workforce Participation requirements, explain the reason why, and what efforts, if any, were utilized by the Contractor to attempt to meet these requirements; 7. If the Project was over one million dollars ($1,000,000) did the Contractor hold a job fair, if yes, provide the date and location of the job fair(s), number of attendees; 8. Was a third party hired to verify and certify compliance with the Local Workforce Participation requirements, if yes, were all requirements met, what was the third party's name and provide their current contact information; 9. Was the five percent (5%) retainage fee released to the Contractor by the City upon Project completion; and 10. If the Contractor did not meet the goal, did Contractor seek a waiver of the program requirements from any City official, and provide a detailed explanation. The plan shall identify by name, address, and trade category of all persons proposed to perform Work under the Contract currently on the Contractor's payroll, or positions to be hired by the Contractor, who reside within Miami -Dade County. An updated plan shall be submitted to the City's Project Manager on a monthly basis (no exceptions), and in the event that during the Contract period a new hire or a person identified in the plan as meeting the Local Workforce Participation requirement goal is replaced, the City may require the Contractor to immediately identify the replacement. f. The Contractor shall have a third party independently verify and certify compliance with these requirements on a quarterly basis. Said third party shall be unaffiliated with the Contractor and be properly licensed under the provisions of Florida Statutes Chapters 454, 471, 473, or 481. NW 24th Ave, NW 25th Ave., and NW 32"d Street 18 ITB No. 19-20-009 Road Improvements Project No, B-30723 The firm performing the verification shall have a minimum of two (2) years of prior professional experience in Contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall be included in the related Contract costs. All references to statutes, codes, ordinances, and regulations herein will be to them as amended from time to time. These Local Workforce Participation requirements shall apply to any competitively procured Contract under this section unless: 1. The City Manager or designee Director deems the requirements unfeasible prior to issuance of the ITB document; 2. It is disallowed by federal or state law or grant requirements; 3. Funding sources require alternate, contradictory or specifically exclude or disallow Local Workforce Participation requirements; and 4. These requirements are waived by the City Commission by resolution, prior to issuance of the ITB document, upon written recommendation of the City Manager or designee. Bidders should refer to Section 18-89(f) of the City of Miami Procurement Code for further clarification. This language is only a summary of the key provisions of the Local Workforce Participation requirements. Please review City of Miami Ordinance No. 12271, § 2, 8-22-02; Ord, No. 12654, § 2, 2-10-05; Ord. No. 12780, § 2, 3-9-06; Ord. No. 13275, § 2, 7-14-11; Ord. No. 13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7- 26-12; Ord. No. 13493, § 2, 1-22-15 for a complete and thorough description of the Local Workforce Participation requirements. Bidder may contact the Office of the City Clerk at (305) 250-5360, to obtain a copy of the same. 18. Responsible Wages and Benefits Pursuant to Section 18-120 of the City of Miami Procurement Code, entitled "Responsible Wage Construction Contracts," the Contract to be executed for completion of this Project shall require the Prime Contractor and all of the Subcontractors to pay Miami -Dade County Responsible Wages and Benefits to all laborers and mechanics assigned to the Project. Bidders shall incorporate into their bid the required Responsible Wages and Benefits for 2019 Heavy Construction, which will be made public via addendum issued by the City. 19. Cone of Silence Pursuant to Section 18-74 of the City of Miami Procurement Code, a codification 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 Procurement at AMHansenRmiamigov.com. Written communications may be in the form of e-mail or other written communication, with a copy delivered to the Office of the City Clerk at Clerks(a�miamigov.com. The delivery to the City Clerk of a copy is required to avoid any violation of the "Cone of Silence." This language is only an overview of the requirements of the Cone of Silence. Please review Section 18- 74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence. Bidders may also contact the Office of the City Clerk at (305) 250-5360, to obtain a copy. 20. Public Entity Crime A person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a bid on a Contract to provide any goods or services to a public entity, may not submit a Response on a Contract with a public entity for the construction or repair of a public building or Public Works project, may not submit a Response on a lease of real property to a public entity, may not NW 24th Ave, NW 25th Ave,, and NW 32nd Street 19 ITB No. 19-20-009 Road Improvements Project No. B-30723 be awarded or perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted Bidder List. 21. Fraud and Misrepresentation Any individual, corporation, or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation, or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other Contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 22. Collusion Where two (2) or more related parties, as defined herein, each submit a bid 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 Bidder have a direct or indirect ownership interest in another Bidder, for the same Project. Bids found to be collusive, or related as provided above, shall be rejected. 23. Contractor in Arrears or Default The Bidder represents and warrants that the Bidder is not in arrears to the City, City agency, or instrumentality, and is not a default as a Contractor, Vendor, Provider or whose default has not been fully cured by the Bidder's surety or otherwise upon any obligation to the City. In addition, the Bidder warrants that the Bidder has not been declared "not responsible" or "disqualified" by, suspended, 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 Bidder's responsibility or qualifications to receive public agreements. The Bidder 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 shall deem as non -responsible, bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears, or otherwise in debt or in default to the City, at the time and date bids are due. 24. Cancellation of ITB The City reserves the right to cancel, in whole or in part, any ITB 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. NW 24th Ave, NW 25th Ave., and NW 32nd Street 20 ITB No. 19-20-009 Road Improvements Project No. B-30723 SECTION 2 ITB GENERAL TERMS AND CONDITIONS 1. 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. Time is of the essence in performance of the Work. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, "Excusable Delay, Non-Compensable," 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 and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project site(s) for the full duration of the Project to ensure the timely completion of the Work. 2. Contract Term; Guaranteed Maximum Cost The Contract shall commence upon issuance of the Notice of Proceed ("NTP"), 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, supplies, 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. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above. 3. Contract Price and Guaranteed Maximum Cost/Guaranteed Maximum Price Contractor represents, warrants and guarantees to the City that Contractor shall completely, timely, and properly perform the Work and all of its obligations under the Contract, in accordance therewith, for the Contract Price to be agreed upon by the parties. This Contract Price shall constitute Guaranteed Maximum Cost/Guaranteed Maximum Price to the Owner for performing the Work inclusive of labor, materials, equipment, supplies, and any allowable overhead and profit. The Owner shall (absent a prior Amendment with compelling cause approved as an Amendment to this Agreement) have no liability or obligation to pay any amount in excess of the stated Contract Price and Contractor shall have no recourse in that respect NW 24th Ave, NW 25th Ave., and NW 32nd Street 21 ITB No. 19-20-009 Road Improvements Project No. B-30723 except to seek an Amendment to the Agreement. All costs in excess of the Contract Price shall be paid solely by Contractor without reimbursement or additional compensation from Owner. 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 three (3) calendar 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: Emilio T. Gonzalez, Ph.D. City Manager City of Miami 444 SW 2nd Avenue - 10th Floor Miami, Florida 33130 ETGonzalezftmiamigov.com Annie Perez, CPPO Director Department of Procurement City of Miami 444 SW 2nd Avenue - 6th Floor Miami, Florida 33130 AnniePerez(c�miamigov.com Victoria Mendez City Attorney City Attorney's Office City of Miami 444 SW 2nd Avenue - 9th Floor Miami, Florida 33130 VMendez cr7i miamigov.com Steven C. Williamson Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue - 8rd Floor Miami, Florida 33130 SWilliamsonAmiamigov.com For Contractor: Full Name of Authorized Representative Title of Authorized Representative Company Name Mailing Address City, State, Zip Code E-mail Address NW 24th Ave, NW 25th Ave., and NW 32nd Street 22 Road Improvements Project No. B-30723 ITB No. 19-20-009 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 at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contact persons and phone numbers from Roberto Cardona at (305) 416-1255, or via email at RCardonaAmiamigov.com, Roberto Cardona is the City of Miami's Project Manager assigned to this Project, The Contractor must notify residents living within five hundred (500) feet of the Project in writing as least one (1) week prior to commencing Work in the general area. A copy of such notices will be provided to the Project Manager. 5. Priority of Provisions All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications, the City of Miami's Standards for Design and Construction, Miami -Dade County's Standards Details, and the 2016 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction, as applicable. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents, the priorities stated below shall govern: • Revisions to the Contract shall govern over the Contract; ■ The Contract Documents shall govern over the Contract; and ■ Addenda to an ITB shall govern over the 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; and ■ 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, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, and any involved City agencies and instrumentalities, from all liabilities, damages, losses, judgements, expenses, fees, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of or breach of this Contract by Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory actions, administrative or regulatory proceedings, or similar claims, liabilities, injuries or damages (including court costs and reasonable NW 24th Ave, NW 25th Ave., and NW 32nd Street 23 ITB No. 19-20-009 Road Improvements Project No. B-30723 attorney's fees) arising or resulting from the permitted Work and/or failure to comply with applicable contractual duties of the Contractor or codes, laws, rules, licenses, permits, and regulations in performance of the work, unless it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such action, claim or demand, the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, agencies, and instrumentalities as herein provided. The indemnification provided above shall obligate the Contractor to indemnify, hold harmless, and a duty to defend, at its own expense, to and through trial, administrative, regulatory, appellate, supplemental, mediation, arbitration, or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons employed, supervised, or utilized by Contractor. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Contractor shall require all sub -Contractor agreements to include a provision that each sub -Contractor will indemnify, hold harmless and defend the City in substantially the same language as this Section. 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 Contract. 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 voluntarily and knowingly acknowledged by the Contractor. 7. Insurance Without limiting any of the other obligations or liabilities of Contractor, Contractor shall provide, pay for, and maintain in force until all of its Work to be performed under this Contract has been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance coverage's set forth herein. 7.1 Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent Liability & Contractual Premises/Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse and Underground Hazards NW 24th Ave, NW 25th Ave., and NW 32nd Street 24 ITB No. 19-20-009 Road Improvements Project No. B-30723 7.2 Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto, Owned, or Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 B. Endorsements Required City of Miami listed as an additional insured 7.3 Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 7.4 Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit 7.5 Umbrella Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $3,000,000 Aggregate $3,000,000 City of Miami listed as additional insured Excess Follow form over all liability policies contained herein 7.6 Builder's Risk/Installation Floater Causes of Loss: All Risk of direct physical loss or damage Valuation: Replacement Cost Coverage extensions included as provided by carrier City of Miami listed as additional insured/loss payee 7.7 Payment and Performance Bond Full value of the project. City of Miami listed as obligee. 7.8 Contractor's Professional Liability (if applicable) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included The above policies shall provide the City of Miami with written notice of cancellation in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: NW 24th Ave, NW 25th Ave., and NW 32nd Street 25 ITB No. 19-20-009 Road Improvements Project No. B-30723 The Company must be rated no Tess than "A-" as to management, and no Tess 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 City reserves the right to request copies of all insurance policies associated with this agreement, including any, and all applicable policy endorsements. The above policies shall provide the City with written notice of cancellation or material change from the insurer not less than thirty (30) calendar 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) calendar days prior to the date of their expiration. Contractor shall furnish to Procurement 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. The City shall be listed as an additional insured where applicable. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Contractor: 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 their 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) calendar day written notice to the Contractor in accordance with Section 2, General Terms and Conditions, Article 4, "Notices." Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the Contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall, within fourteen (14) 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 at award guaranteeing to City the completion and performance of the Work covered in the Contract Documents, as well as full payment of all suppliers, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall be with a surety, which is qualified pursuant to Article 9, "Qualification of Surety." Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by the City, correct any defective or faulty Work or materials which appear within one year after Final Completion of the Project. The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1), 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 the City with evidence of such recording. Each bond shall substantially conform to the requirements of Section 255.05, Florida Statutes, and will be in a form acceptable to the Risk Management Administrator. NW 24th Ave, NW 25th Ave., and NW 32"d Street 26 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 the City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. Payment / Performance Bonds shall be in the amount of one hundred and ten percent (110%) of the Work and shall be in substantially the form provided by Section 255.05, Florida Statutes. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor shall, 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 shall adjust staffing levels or to replace any staff if so requested by the Project Manager, should the Project Manager decide that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff has 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 City. Any such specific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall, at all times, cooperate with the City and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The City shall always have full access to the Project site(s). The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. Contractor shall not open up Work to the prejudice of Work already started, and the City 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. NW 24th Ave, NW 25th Ave., and NW 32nd Street 27 ITB No. 19-20-009 Road Improvements Project No. B-30723 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail, and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the City 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 City, 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 City, the City 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 within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. The City at its sole option may also have Work performed by a third -party Contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the City. Contractor is responsible for controlling dust and preventing it from becoming a public nuisance or causing off -site damage. Contractor shall take all necessary and prudent measures to control dust. The Contractor shall furnish to the City a complete listing of twenty-four (24) hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractors can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The manner in which the Work is performed shall be subject to the approval of the City, who, 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 City. All requests for such interruption or obstruction must be given in writing to the City at least twenty- four (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 City. A staging plan must be submitted to and approved by the City 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. As noted above self -performance, local workforce participation, and all other similar requirements will apply jointly and severally to each phase, stage, or incremental portion of the work. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project site(s) as to the character, quality, and quantity of surface and NW 24th Ave, NW 25th Ave., and NW 32nd Street 28 ITB No, 19-20-009 Road Improvements Project No. B-30723 subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory Work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications, and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications, or other data received from the City as part of the Contract Documents, and shall notify the City of all errors, omissions, and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by the City. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omissions, or discrepancy and knowingly failed to report it to the City. 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas: All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Any fence, or part thereof, that is damaged or removed during the course of the Work shall be replaced or repaired by the Contractor and shall be left in as good of a condition as before the starting of the Work. Where fencing, walls, shrubbery, grass strips,or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the Work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project duration. The Contractor shall also comply with the Occupational Safety Health Act ("OSHA") requirements as defined in the United States Labor Code 29 Code of Federal Regulations ("CFR") 1926.50. In addition, the Contractor must report immediately to the City every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 17. Safety Precautions Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: NW 24th Ave, NW 25th Ave., and NW 32nd Street 29 ITB No. 19-20-009 Road Improvements Project No. B-30723 • All employees on the Project 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 site(s); and • Other property at the Project 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 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 the City. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the City 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, Environmental Protection Agency ("EPA"), Department of Environmental Resources Management ("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 of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager. 18. Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code ("FAC") 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: » The potential for fire, explosion, corrosion, and reaction; NW 24th Ave, NW 25th Ave., and NW 32nd Street 30 ITB No. 19-20-009 Road Improvements Project No. B-30723 » 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 » The primary routes of entry and symptoms of overexposure. ■ The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. ■ The emergency procedure for spills, fire, disposal, and first aid. ■ A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. ■ The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, supplies, light, power, internal communications, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall at all times enforce strict discipline and good order among its employees and Subcontractors at the Project site(s) and shall not employ on the Project any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations, Laws, and Licenses The Contractor shall comply with all laws, rules, regulations, permits, codes, public agency or similar required consents and approvals relative to the provision of services, equipment, supplies and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county or city agencies having jurisdiction over the matter. The Contractor, its agents, Subcontractors, and representatives shall be familiar with and comply with all federal, state, and local laws, rules, regulations, and approvals that may affect the Work, goods, and/or services offered. 21. Consultant Services The City, at its sole discretion, may hire a Consultant who shall serve as the City's Representative for the Project to be performed under the Contract Documents. The Contract Documents will state that a 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 24, "Authority of the Project Manager." On the basis of the on -site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance, such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, Subcontractors, and invoices. NW 24th Ave, NW 25th Ave., and NW 32nd Street 31 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 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 terminated Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to: obtaining bids from Subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given through the Consultant or the 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 the Project Manager. The superintendent shall not be replaced except with the written consent of the Project Manager, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in Contractor's 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 the Project Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using Contractor's best skills and attention. The Project Manager 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 of 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 conditions affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Subcontractors at the Project site(s); visitors to the Project site, including regulatory representatives the City; 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 site(s) and shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor, Construction Manager, CEI, and Consultant shall meet at least every two (2) weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the Contractor's duty to inform the City immediately, in writing, and the City 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. NW 24th Ave, NW 25t' Ave., and NW 32nd Street 32 ITB No. 19-20-009 Road Improvements Project No. B-30723 All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager 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 shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, as soon thereafter as is practicable. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing through the Director or Project Manager. The Project Manager shall have access to the Project 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 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 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 will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed, or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any Subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work The Project Manager, Consultant, Construction Engineering Inspector (CEI), 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, CEI, Project Manager's instructions,. any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give the Project Manager timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of the Project Manager, it must, if required by the Project Manager, be uncovered for examination and properly restored at Contractor's expense. NW 241h Ave, NW 25th Ave., and NW 32"d Street 33 ITB No. 19-20-009 Road Improvements Project No. B-30723 Unless otherwise provided, the Contractor shall arrange for such tests, inspections, and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Project Manager timely notice of when and where tests and inspections are to be made so that the City or Project Manager may be present for such procedures. Re-examination of any of the Work may be ordered by the City, 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 that 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 the Project Manager. 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 any other taxes, levies, assessments, and impositions all other impositions required by law, rule, or regulation. Contractor is responsible for reviewing the pertinent state statutes and local laws involving state taxes/impositions and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work, the City 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 coordinate the Work properly. 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 the City any defects in such Work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's Work as fit and proper for the reception of Contractor's Work, except as to defects that may develop in other Contractor's Work after the execution of Contractor's Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other Contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected Contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall at once report to the Project Manager 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. NW 2411i Ave, NW 251h Ave., and NW 32nd Street 34 ITB No. 19-20-009 Road Improvements Project No. B-30723 Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 29. Coordination of Work The Project site(s) may be occupied and may operate as specified in Section 3, Supplemental Terms and Conditions, Article 1, "Contract Time and Hours." Contractor shall ensure that the performance of the Work does not affect any ongoing operations at Project site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. Contractor may be required to coordinate the Work with other Contractors performing Work at the Project site. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project 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 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 City in writing of the existence of the aforesaid conditions. The City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of the City, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, the City shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the City 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 site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice and otherwise fully documented altering site conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract price or Contract time for differing site conditions shall be allowed if made after the date certified by the City as the date of substantial completion. 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by the City for their accuracy or completeness. No request for additional compensation or Contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments. The Contractor must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc.," who shall be contacted a minimum of forty-eight (48) hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the Work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. NW 24th Ave, NW 25th Ave., and NW 32nd Street 35 ITB No. 19-20-009 Road Improvements Project No, B-30723 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 forty-eight (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 their Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage that may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the City. Replace, with material approved by the City, 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 City. Replace, with material approved by the City, 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 at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the Project Manager before continuing with the Work in order that the City may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at their own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project 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. NW 24'h Ave, NW 26th Ave., and NW 32nd Street 36 ITB No. 19-20-009 Road Improvements Project No. B-30723 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: » Confine operations at the Project site(s) to the areas permitted by the Project Manager; not disturb portions of the Project site(s) beyond the specified areas; conform to Project site(s) rules and regulations affecting the Work. » 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. » 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 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 City, 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 freight on board (FOB) job site. The Contractor shall request a seven (7)-calendar day notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer of Record with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. NW 240 Ave, NW 251h Ave., and NW 32"d Street 37 ITB No. 19-20-009 Road Improvements Project No. B-30723 Receiving: The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices bid and no extra compensation will be allowed. Inspection: Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to be any shortage or damage, the City 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 shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Storage: Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance: The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control: Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City: Provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment: 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 City, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 38. Manufacturer's Instructions The Contractor shall: Comply with manufacturer's requirements for the handling, delivery, and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. NW 24th Ave, NW 25th Ave., and NW 32nd Street 30 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work for that purpose. When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications, Manufacturer's representative shall provide the Contractor and the City 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 manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project. 40. Reference Standards Reference to the standards of any technical society, organization, or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the City. Contractor by approving and submitting any submittals, represents that they have verified the accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission, the Contractor shall advise the City in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the City of any deviations shall make the Contractor solely responsible for any costs incurred to correct, add, or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal shall contain a title block containing the following information: • Number and title of drawing, including Contract title and Number ■ Date of drawing and revisions ■ Name of Contractor and Subcontractor (if any) submitting drawings • Name of Project, Building or Facility ■ Specification Section title and number ■ Contractor's Stamp of approval, signed by the Contractor or his checker • Space above the title block for Project Manager's or Consultant's action stamp ■ Submittal or re -submittal number (whether first, second, third, etc.) NW 24th Ave, NW 25th Ave., and NW 32nd Street 39 ITB No. 19-20-009 Road Improvements Project No. B-30723 ■ Date of submittal Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawings submitted without the stamp, 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 because of such rejection. City shall not be liable for any materials, fabrication of products or Work commenced that requires submittals until the City has returned approved submittals to the Contractor. The City shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the City. The City's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The City shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the City of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting shop drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked and coordinated with the requirements of the Work and have been verified, checked and coordinated with this Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the EOR's stamp of approval. Distribution shall include, but not be limited to; job site file, record documents file, Subcontractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the City's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies, or adds to the requirements of the Contract Documents. Nothing in the City's review of shop drawings, Submittals and Samples shall be construed as authorizing additional Work or increased cost to the City. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawings Contractor shall submit shop drawings as required by the Contract Documents. The purpose of the shop drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after City's award of the Contract, Contractor shall submit to the City 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 the City 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. NW 24th Ave, NW 251" Ave., and NW 32"d Street 40 ITB No. 19-20-009 Road Improvements Project No. 8-30723 Some shop drawings, as denoted either in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer. It is the sole responsibility of the Contractor to ensure that the shop drawings meet all Code requirements. In addition to all shop drawings required by the Contract Documents the Contractor must provide shop drawings for; all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the shop drawings show or indicate departures from the Contract Documents, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. The City shall review and accept or reject with comments, shop drawings within fourteen (14) calendar days from the date received. The City'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 EOR. 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 evaluate the design properly. It is Contractor's responsibility to assemble the shop drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to the City 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, EOR is 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 (1) set of shop drawings marked with EOR's approval at the job site at all times. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information, and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, 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 fifty percent (50%) completion of construction. NW 24th Ave, NW 251" Ave., and NW 32nd Street 41 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 site(s) one (1) record copy and one (1) 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 City, 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 City, that Contractor is fulfilling its obligation to update the record documents continuously. All buried items, outside the Project site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall be clean, and all changes, corrections, and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the City 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 City 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. The City shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings, or additional information as the Work proceeds, all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop, and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The City 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. NW 24th Ave, NW 25th Ave., and NW 32nd Street 42 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 City prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by Contractor to allow City and Consultant to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by the City from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the City 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 Consultant in evaluating the proposed substitute. The City 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 FOR 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 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 may require the Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the City any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during NW 24th Ave, NW 25th Ave„ and NW 32nd Street 43 ITB No. 19-20-009 Road Improvements Project No. B-30723 the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions, and/or errors, not identified in writing to the City prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project, should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the City will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the City's interpretation and perform the Work in accordance with the decision of the City. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City may, in its sole and absolute discretion, test materials, and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances, the City may deduct such cost from any payments pending to the Contractor. 52. Field Directives The City may at times issue field directives to the Contractor based on visits to the Project 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 forty-eight (48) hours, notify the City 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 City 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 must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 54. Continuing the Work NW 24th Ave, NW 25th Ave„ and NW 32nd Street 44 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 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 90, "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 City 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 City expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the City 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 City stating why the Contractor 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 City to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule, for performance of 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 start the Extra Work immediately. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request, which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract NW 24th Ave, NW 25th Ave., and NW 32"d Street 45 ITB No. 19-20-009 Road Improvements Project No. B-30723 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. If the Contractor fails to notify the City of the schedule changes associated with the Extra Work, it will be deemed an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the City 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 Contract unit price, which Contractor and Project Manager acknowledge, contains a component for overhead and profit. ■ On the basis of the "Cost of Work," determined as provided in this, plus a Contractor's fee for overhead and profit, which is determined as provided in this Article. ■ The term "Cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the City, 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 the City. 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 supervisors 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 NW 24th Ave, NW 25th Ave„ and NW 32nd Street 46 ITB No. 19-20-009 Road Improvements Project No. B-30723 cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. The term "Cost of the Work" shall include any of the following: • Cost of special Consultants, including, but not limited to, Consultants, architects, testing laboratories, and surveyors employed for services specifically related to the performance of the Work described in the Change Order. ■ Supplemental costs including the following: • The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work except for local travel to and from the site of the Work. ■ Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. ■ Deposits lost for causes other than Contractor's negligence, royalty payments, and fees for permits and licenses. ■ The cost of utilities, fuel, and sanitary facilities at the site. • Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage, and similar petty cash items in connection with the Work. ■ Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "Cost of 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, estirnators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the site or in its principal or a branch office, for general administration of the Work and not specifically included in the agreed - upon schedule of job classifications, all of which are to be considered administrative costs covered by Contractor's fee. • Expenses of Contractor's principal and branch offices other than Contractor's office at the site. ■ Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. • Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. NW 24th Ave, NW 25th Ave., and NW 32nd Street 47 ITB No. 19-20-009 Road Improvements Project No. B-30723 ■ Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property, or soft costs such as consultant costs, or any costs not directly attributable to the work. ■ 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 Subcontractor performs the Work, Contractor's fee shall not exceed seven and one- half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); ■ No fee shall be payable for special Consultants or supplemental costs; and ■ No other markup or charge shall be allowed except as expressly provided above. The amount of credit to be allowed by Contractor to City for any such change, which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to the City an itemized cost breakdown together with the supporting data. Whenever a change in the Work is 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 City. ■ Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. ■ Whenever a change involves Contractor and one (1) or more Subcontractors, and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. ■ Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "Cost of 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 90, "Resolution of Disputes," by furnishing a written statement to the Construction Manager within five (5) calendar 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 bid 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 bid. During the pendency of any dispute hereunder, the Contractor NW 24th Ave, NW 25th Ave., and NW 32nd Street 48 ITB No, 19-20-009 Road Improvements Project No. B-30723 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 ten percent (10%). This will not vary, whether the Contractor or his Subcontractor performs the Extra Work. The Project Manager must approve any exceptions. "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 Construction 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 supporting all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor, materials, or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five percent' (5%) 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 and prepare two copies of As -Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth, and voltage in each conduit. Legibly mark to record actual construction: On -site structures and site Work as follows: ■ Depths of various elements of foundation in relation to finish first floor datum. ■ All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. NW 24th Ave, NW 25th Ave., and NW 32" Street 49 ITB No. 19-20-009 Road Improvements Project No. B-30723 • 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 or Consultant's written instructions or by Change Order. Details not on original Contract Drawings. • Equipment, conduit, and/or electrical panel locations. ■ Project Manager or Consultant's schedule changes according to Contractor's records and shop drawings. Specifications and Addenda Legibly mark each section to record: • Manufacturer, trade name, catalog number, and Supplier of each product and item of equipment actually installed. ■ Changes made by Project Manager or Consultant's written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new building, or building additions, field improvements, and or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for Projects that involve roadwork and drainage, Contractor shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by a Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e., catch basins, inlets, manholes, etc.). 61. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title, and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor 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). NW 24th Ave, NW 25th Ave., and NW 32nd Street 50 ITB No. 19-20-009 Road Improvements Project No. B-30723 63. Substantial Completion, Punch List, and Final Completion The Work shall be substantially complete when the City, in the reasonable exercise of their discretion determines that the Work is complete, 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 City 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 City inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The City shall schedule the date, 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 City 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 City shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the City determines, on the appropriate form that the Work is not substantially complete, the City shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The City 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 City shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form that 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, the City shall, within ten (10) calendar days, make an inspection thereof. If the City finds 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 the City. Said Certificate shall state 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 City a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. NW 24th Ave, NW 25th Ave„ and NW 32nd Street 51 ITB No. 19-20-009 Road Improvements Project No. B-30723 Contractor shall deliver the written Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate for Payment. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor, and the Project Manager 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. NPDES Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at httr://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, and then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) business 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. Does Not Include inclement weather, except as permitted by Florida law, and may not include the acts or omissions of Subcontractors. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Subcontractors, whether or not in privity 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; and ■ The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the City 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 City will not rescind or shorten any NW 24th Ave, NW 25th Ave., and NW 32nd Street 52 ITB No. 19-20-009 Road Improvements Project No. B-30723 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, except for Force Majeure which must be requested within two (2) business days, after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The City 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 City 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 City within ten (10) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the City 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 City in accordance with Article 70, "No Damages for Delay," 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. NW 24th Ave, NW 25th Ave., and NW 32"d Street 53 ITB No. 19-20-009 Road Improvements Project No. B-30723 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 71, "Excusable Delay, Non-Compensable," the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 70. No Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City. 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. THERE WILL BE NO EXCEPTIONS. Except as may be otherwise specifically provided for in the Contract Documents, the Contractor agrees to make no claim for damages for delay of any kind in the performance of the Contract Documents whether occasioned by any act or omission of the City or any of its representatives (whether it is an Excusable Delay or otherwise) and the Contractor agrees that any such claim shall be compensated solely by an extension of time to complete performance of the Work. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non-Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers and vendors, agents and representatives, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors or agents and representatives and by the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the delay. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 68, "Notification of Claim," hereof. Failure of Contractor to comply with Article 68, "Notification of Claim" hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment, or relinquishment of any and all claims resulting from that particular event of delay. 72. Lines and Grades The Contractor shall, at its own expense, establish all working and construction lines and grades as required from the Project control points set by the City, and shall be solely responsible for the accuracy thereof, All Work along the entire Project shall be located and constructed using the roadway base/center line as reference. All elevations shown therein are in feet. 73. Defective Work Project Manager shall have the authority to reject or disapprove Work that Project Manager finds to be defective. If required by the City, Contractor shall promptly either correct all defective Work or remove such NW 24th Ave, NW 25th Ave., and NW 32"d Street 54 ITB No. 19-20-009 Road Improvements Project No. 8-30723 defective Work and replace it with Work in conformity with the Contract Documents. Contractor shall bear all direct, indirect, and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by the City, 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 that 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 City 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, taking down, replacement, and/or 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 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 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 City, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City shall NW 24th Ave, NW 25th Ave., and NW 32nd Street 55 ITB No. 19-20-009 Road Improvements Project No. B-30723 be entitled to all costs, including reasonable attorneys' fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees,.the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the 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), Federal Department of Transportation (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, Traffic Division, or FDOT or as otherwise authorized by the City, the Contractor shall make arrangements for the employment of uniformed off -duty police officers to maintain and regulate the flow of traffic through the Work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. The Contractor shall provide all barricades with warning lights, necessary arrow boards, and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. NW 24th Ave, NW 25th Ave., and NW 32nd Street 56 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 City 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), forty-eight (48) hours prior to any excavation. Any loop detector that 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 (305) 592-3470. Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance of the construction date or forty-eight (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, a Lane Closure Permit must be obtained two (2) weeks prior to planned construction, with a minimum forty-eight (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 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M. weekdays. 78. Location and Damage to Existing Facilities, Equipment, or Utilities As far as possible, all existing utility lines in the Project area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field -verify all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. NW 24th Ave, NW 25th Ave., and NW 32nd Street 57 ITB No. 19-20-009 Road Improvements Project No. B-30723 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) calendar days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, or the Stop Work Order may commence on a later date as 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) calendar 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 89, "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 City, the Contractor may have been delayed by such suspension. In the event the City determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 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 City has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional Work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract time as non-compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project. 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 the City. 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 the City. NW 24th Ave, NW 25th Ave., and NW 32nd Street 58 ITB No. 19-20-009 Road Improvements Project No. B-30723 • Upon the City's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage, 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 the City 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, City 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. No fill or clearing stockpiles to remain on site for more than twenty-four (24) hours. At the completion of a Project, Contractor shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials, If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so, and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the City shall determine to be just. All combustible waste materials shall be removed from the Project 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 the City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. 84. Set -offs, Withholdings, and Deductions The City may set-off, deduct, or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: • Any amount of any claim by a third party; • Any Liquidated Damages; and/or • Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, any one (1) or more of the following: • The Contractor has not performed the Work in a timely manner; NW 24th Ave, NW 25th Ave., and NW 32nd Street 59 ITB No. 19-20-009 Road Improvements Project No. B-30723 • The Contractor has refused or failed, except in case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work; ■ The Contractor has failed to make prompt payment to Subcontractors or suppliers for any services or materials they have provided; ■ The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; • The Contractor has failed to obtain the approval of the City where required by the Contract; • The Contractor has failed in the representation of any warranties stated herein; ■ The Contractor has been debarred in the State of Florida or been placed on the convicted vendors list under Section 287.133, Florida Statutes; ■ The Contractor has breached a material term or provision of the Contractor Documents and has not timely cured the breach; • When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: » Treat such failure as a repudiation of the Contract and/or; » Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. • In the event the City may, at its sole discretion, terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. ■ Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor in writing, 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 should issue such Notification; however, the City is under no obligation to issue such notification in the event the City lacks actual knowledge of the default. 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 NW 24th Ave, NW 25th Ave., and NW 32nd Street 60 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 Documents, 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 under Article 89, "Termination for Convenience." The City in its sole discretion may terminate the Contract without providing the Contractor a written Notice to Cure. 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable, shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment, and materials (not owned or paid for by the City) from the Work site. The City assumes no liability for the Contractor's failure to remove such items from the Project site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction. 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: ■ Stop all Work on the Project 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. NW 24th Ave, NW 25th Ave., and NW 32"d Street 61 ITB No. 19-20-009 Road Improvements Project No. B-30723 • 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 deliver the documentation timely shall be reason 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 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. To the extent practical, the fair and reasonable value shall be based on the price established because 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. 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 recover lost profits, overhead or consequential damages as a result of a Termination for Convenience. • All payments made under the Contract are subject to audit. Upon the City's payment in full of the amounts due the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between the Contractor 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 Section 2, 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 of OCI, as identified in Section 2, Article 4, "Notices." Upon receipt of said notification, the Assistant Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director of OCI fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Director of OCI. 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 of OCI 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 the resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one hundred thousand dollars ($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: NW 24th Ave, NW 25th Ave., and NW 32"d Street 62 ITB No. 19-20-009 Road Improvements Project No. B-30723 ■ It has first received City Manager's written decision, approved by the City Commission if applicable; or • A period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of ninety (90) calendar days has expired where City Manager's decision is subject to City Commission for approval; or ■ 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. If a party fails to timely take the written objection, as provided, in fourteen (14) calendar days, then such 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, and/or following the completion of the Project, the parties to this Contract agree all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar Contract provisions with all Sub -Contractors retained for the Work, thereby providing for non- binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. In any mediation or litigation between the Parties, each Party shall bear their own attorney's fees except that Contractor shall pay all attorney's fees of all attorneys it has engaged to defend the City pursuant the Contractor's duty to indemnify, hold harmless and defend the City pursuant to Section 2, Article 6, "Indemnification." 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth in the Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses, and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That includes also any other permit fees not directly related to the actual construction of the Project, NW 24th Ave, NW 251h Ave., and NW 32nd Street 63 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 for whom a Certificate of Competency is required. Contractor shall pay impact or similar fees levied by the City and/or Miami -Dade County. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g., Building Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City, through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount on a dollar per dollar basis, and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor's operations (e.g., permits for dumpsters, job trailers, canteens, portable commodes, etc., et.al.) are not reimbursable. 94. Compliance with Applicable Laws All Work shall be constructed in accordance with the latest edition of the City of Miami's Contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, rules, 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 qualifications for Contractor and Subcontractor doing business anywhere in the City. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an Independent Contractor. In accordance with the status of an Independent Contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a Subcontractor, expert, consultant, Independent Contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to defend, indemnify, hold and save harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. NW 24th Ave, NW 25th Ave., and NW 32rd Street 64 ITB No. 19-20-009 Road Improvements Project No. B-30723 96. Third Party Beneficiaries Neither Contractor nor City intends to benefit, directly or substantially, 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 Subject to Section 2, Article 111, "Consent of City Required for Subletting or Assignment," 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 terminate this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements, and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any breach of a provision of the Contract Documents shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of the Contract Documents. 99. Severability In the event that a Court of competent jurisdiction determines any Section, Article or provision of the Contract Documents to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract; 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; Attorney's Fees This Contract will be interpreted under the laws of the State of Florida, which will apply regardless of choice of law principles. This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action or other proceeding or claim is necessary by either party with respect to the enforcement of any or all of the terms or conditions, herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. All parties shall bear their own attorney's fees. 101. Amendments NW 24th Ave, NW 25th Ave., and NW 32nd Street 65 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 Work under the Contract Documents and/or at any other time deemed appropriate by the City, a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities Manufactured, Grown or Produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any Article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 107. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current Contract period shall, unless terminated by mutual written agreement between the City and the involved Contractor, continue until completion at the same prices, terms and conditions. NW 24th Ave, NW 25th Ave., and NW 32nd Street 66 ITB No. 19-20-009 Road Improvements Project No. B-30723 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, 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 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 and to any claim for a period of five (5) years following Final Completion of the Project. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the City; (4) upon completion of the Contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSAMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONTRACTOR MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT THAT IS ADMINISTERING THIS CONTRACT. 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. NW 24th Ave, NW 25th Ave., and NW 32nd Street 67 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 with respect to defective Work, equipment, or materials that may be identified by the Project Manager. The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of the Contractor's failure to fully perform its obligations under the Contract. The Project Manager, prior to withholding or deducting any monies hereunder, shall give the Contractor notice of the defective Work, equipment or material and the basis for the withholding or deduction. Upon the Project Manager's determination that the Contractor has fulfilled its obligations, the City will pay the Contractor any monies owed, subject to Contractor's submission of, or compliance with, any remaining documentation or obligation, as the case may be, in accordance with the Contract Documents 111. Consent of City Required for Subletting or Assignment If the Contractor assigns, transfers, sublets, conveys, or otherwise disposes of the Contract or its right, title or interest in or to the same, in whole or in part, 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 and in compliance with applicable general laws of the State of Florida. 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. In the event this Article is found to be unenforceable, the shortest limitations period applicable to the action under Chapter 95, Florida Statutes shall apply. 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 is covered by the provisions of the General Terms and Conditions, Section 2, Article 6, "Indemnification," the Contractor shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. Additional compensation will only be furnished relative to the costs of any corrective Work as defined in Section 2, Article 6, "Indemnification," which is not the fault of the Contractor; the Contractor will be responsible for payment of attorney's fees and costs incurred in defense of the Contractor and of the City. This Section shall survive the cancellation or expiration of this Contract. 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, reduction of funds and/or change in programs or regulations, upon thirty (30) calendar days' notice. NW 24th Ave, NW 25th Ave., and NW 32nd Street 68 ITB No. 19-20-009 Road Improvements Project No. B-30723 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. 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. 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 Contain All Terms The Contract Documents and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Contract Documents shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 120. Survival The parties acknowledge that any of the obligations in the Contract Documents will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under the Contract, which by nature would continue beyond the termination, cancellation or expiration thereof, should survive termination, cancellation or expiration thereof. NW 24th Ave, NW 25th Ave„ and NW 32nd Street 69 ITB No. 19-20-009 Road Improvements Project No. B-30723 Provisions of this Contract that shall survive termination, cancellation, or expiration thereof, include without limitation: Section 2, Article 6, "Indemnification," Section 2, Article 89, "Termination for Convenience," Section 2, Article 3, "Contract Price & Guaranteed Maximum Cost." 121. Disclosure of State Funding, if Applicable If State funds are being used by the City to pay for this work, the City document whether payment will come from funds appropriated by the state and, if known, the amount of such funds or the percentage of such funds as compared to the anticipated total cost of the personal property or construction services. NW 24th Ave, NW 25th Ave., and NW 32"d Street 70 ITB No. 19-20-009 Road Improvements Project No. B-30723 SECTION 3 ITB SUPPLEMENTAL TERMS AND CONDITIONS 1. Contract Time and Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. Contractor shall have three hundred (300) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. Contractor shall have an additional thirty (30) calendar days to achieve Final Completion of the Contract. The Contractor shall maintain strict adherence to the mandated Contract time and schedule due to the time sensitive nature of the Project's funding sources. Work shall be performed Monday through Friday from 8:00 a.m. to 6:00 p.m. Any Work to be performed outside of these times must be requested in writing to the Project Manager forty-eight (48) hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Mobilization Partial Payments: When the bid includes a separate pay item for Mobilization and the Notice to Proceed has been issued, partial payments will be made in accordance with the following: For Contracts of one hundred twenty (120) calendar days duration or less, partial payment will be made at fifty percent (50%) of the bid price per month for the first two (2) months. For Contracts in excess of one hundred -twenty (120) calendar day's duration, partial payment will be made at twenty-five percent (25%) of the bid price per month for the first four (4) months. In no event shall more than fifty percent (50%) of the bid price be paid prior to commencing construction on the Project site. Total partial payments for Mobilization on any Project, including when more than one Project or job is included in the Contract, will be limited to ten percent (10%) of the original Contract amount for that Project. Any remaining amount will be paid upon completion of all Work on the Contract. Retainage will be applied to all partial payments. Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. Contractor may make application for payment for Work completed during the Project at intervals of not more than once a month or upon completion and Final Acceptance of the Work. Contractor will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Section 3, Article 6, "Release of Liens/Subcontractor's Statement of Satisfaction," 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 City. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) calendar 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. NW 24th Ave, NW 25th Ave., and NW 32nd Street 71 ITB No. 19-20-009 Road Improvements Project No. B-30723 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: Defective Work not remedied. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. Failure of Contractor to make payments properly to Subcontractors or for material or labor. Damage to another Contractor not remedied. Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of Contractor to provide any and all documents required by the Contract Documents and/or Federal Requirements relating to the CDBG funding. In instances where multiple Projects are awarded, the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactorily 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 site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City's title to such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time the Contractor shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion, the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of one thousand six hundred sixty-five dollars ($1,665) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion the Contractor shall pay to the City for each and every calendar day of unexcused delay, the additional sum of eight hundred thirty-three dollars ($833) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any Contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City Contract until such indebtedness is paid in full to the City. The City shall notify the Contractor in writing that it is incurring liquidated damages. NW 24th Ave, NW 25th Ave., and NW 32nd Street 72 ITB No. 19-20-009 Road Improvements Project No. B-30723 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 City 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 five percent (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 as follows: • Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the City's review. Subsequent to such review of said schedule, the Contractor shall establish said schedule as the baseline schedule. ■ All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. • All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules, Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated in to the City's baseline schedules. • Subsequent to review of the initial schedule submission, the Contractor shall establish the reviewed schedule as the "baseline schedule." Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project where Subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. NW 24th Ave, NW 25th Ave., and NW 32nd Street 73 ITB No. 19-20-009 Road Improvements Project No, B-30723 Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 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 City, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the City. 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 understand 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 problem or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its Subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to the City 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 City shall respond in writing. 9. Project Site Facilities The Contractor shall arrange for all Project 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. Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the City restrooms that may be available at the Project 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 Subcontractors 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 Subcontractors' 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 City. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The City may authorize the use of existing utilities. Such decision will be made at the sole discretion of the City, NW 24th Ave, NW 25th Ave„ and NW 32nd Street 74 ITB No, 19-20-009 Road Improvements Project No. B-30723 The Contractor shall be required to obtain all necessary permits required for any Project site facilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 10. Inspection of Work - Intentionally Omitted 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 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 Where required by the Contract Documents the Contractor shall provide construction signage. The City shall provide the Contractor the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project site(s) as follows: ■ The first sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2-mil cast vinyl over mounted with 3-mil Mylar and mounted to one (1) piece of Medium Density Overlay plywood 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: a) the background shall be white with blue lettering, and b) 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. ■ Signage must be permitted and approved as required by City and County Sign Codes. 13. Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the Work. Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8" X 10" high -resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on a bi-monthly basis. 14. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc., when directed to by the City and shall reinstall or provide to the City as directed. NW 24th Ave, NW 25th Ave., and NW 32nd Street 75 ITB No. 19-20-009 Road Improvements Project No. B-30723 15. Geotechnical Testing - Intentionally Omitted 16. Field Layout of the Work and Record Drawings for Drainage Projects The Contractor, through the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the installation of the pipeline or structure. For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to other facilities), valves, tees, crosses and other stations not more than one hundred feet (100') apart along the proposed centerline of the pipe, or along a stationed offset line as shown on the Plans, marked by a nail in a metal cap if in pavement, with the station painted nearby or by a nail in the top of a wooden stake driven flush with the ground with the station marked on a flag stake nearby, if not in pavement. For structures, this will consist of base lines, stakes at corners, centers and centerlines, auxiliary lines and a benchmark from which to establish the elevations. The Contractor shall make his equipment and men available to the Inspector for spot-checking the accuracy of the Work. The City shall require the Work to be brought within the tolerances specified elsewhere before backfilling is placed, or the construction is otherwise hidden. The entire responsibility for establishing and maintaining line and grade in the field lies with Contractor. Contractor shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, hand holes, fittings and other Work and shall prepare record or "as -built" drawings of the same which are signed and sealed by a State of Florida Registered Professional Surveyor and Mapper (P.S.M.). Contractor shall deliver these records in good order to the City as the Work is completed. The Contractor shall supply the Consultant with a copy of the Registered Land Surveyor's layout of the Work immediately upon its availability to his own forces. The cost of all such field layout and recording Work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to the City prior to, and as a condition of, final payment. During the entire construction operation, the Contractor shall retain the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.) who shall maintain records of the installation, including all deviations from the plans and specifications by obtaining "As -built" dimensions and elevations. The surveyor shall prepare record as -built drawings showing correctly and accurately all changes and deviations made during construction, including approved construction variances to reflect the Work as it was actually constructed. "As -Built" drawings shall be submitted to the City on a monthly basis. Recording of Project Record: ■ Record all information for pipeline Projects and on -site Projects concurrently with construction progress. ■ Do not conceal any Work until the Contractor and the City record as -built information. • All locations for future connections or tie-ins shall be left unburied and uncovered until the City's surveying forces obtain and record the as -built information. This is in addition to the Contractor's recorded information. ■ Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete length. Inline valves and tees shall be left exposed for one (1) length on both sides plus the face. end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. ■ Maintain records of all pipeline Project and on -site Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). • For Pipe Installation in All Pipeline Projects and On -site Projects: During entire construction NW 24th Ave, NW 25th Ave., and NW 32nd Street 76 ITB No. 19-20-009 Road Improvements Project No. B-30723 operation retain the services of a State of Florida Registered Land Surveyor (FRLS) who shall maintain records of the installation, including all deviations from Drawings and Specifications.FRLS shall record as -built dimensions and elevations every twenty-five feet (25') or portion thereof along pipeline and at every abrupt change in direction of the new line. ■ FRLS shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation of equipment, buildings, and miscellaneous items installed inside them shall be recorded as applicable. ■ Contractor's FRLS shall prepare as -built record drawings showing correctly and accurately the installation, embracing all changes and deviations made during construction, including all approved construction variances, to reflect the Work as it was constructed. ■ Record Drawings shall be prepared on 4-mil Mylar as specified hereinafter. Record Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be submitted to the City for review within ten (10) calendar days following the completion date of successful pressure testing of all mains and appurtenances under the Contract Documents. If the Consultant determines that the Drawings are not acceptable, they will be returned to the Contractor with a cover letter noting the deficiencies and/or reasons for the disapproval. Contractor shall have ten (10) calendar days to correct all exceptions taken by the City and resubmit as -built record drawings to the Consultant for final acceptance. Prior to, and as a condition precedent to Final Payment, Contractor shall submit to City, Contractor's record drawings or as -built drawings acceptable to Project Manager. 17. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided a packet of information, from the City, showing the format to be utilized. The Contractor is advised that the survey Work, including required final measurements, shall be according to City Standards and are an integral part of the Project. The Project shall not be considered complete until the final measurements are approved by the City. 18. E-Verify - Mandatory Use Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any Subcontractors performing Work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the Contract term. 19. Cures BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS ITB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this ITB. Bidder understands that non -responsive Bids will not be evaluated NW 24th Ave, NW 25th Ave., and NW 32nd Street 77 ITB No. 19-20-009 Road Improvements Project No. B-30723 SECTION 4 BID FORMS Submitted: City of Miami, Florida Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, Florida 33133-5504 Date The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to Contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits, the specified Work covered by the Contract Documents for the Project entitled: Bid No: 19-20-009 Title: NW 24th Avenue, NW 25th Avenue, and NW 32nd Street Road Improvements, D1 — Project B-30723 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 and fails to furnish the required Performance Bond and Payment Bond as well as 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 that may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. Note: Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible Bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written bid amount, the written bid amount will prevail. NW 24th Ave, NW 25th Ave., and NW 32nd Street 78 ITB No. 19-20-009 Road Improvements Project No. B-30723 Form SU must be submitted with Bidder's Bid. The SU Form can be found posted on the webpage with the bid documents. Scope of Work: The Work consists of, but is not limited to, the street reconstruction, milling and resurfacing, drainage installation, water main and water services installation, and replacement of curbs, driveways, Americans with Disabilities Act ("ADA") compliant ramps, pavement marking and signage. Utility Work will be funded by a Joint Project Agreement ("JPA") with Miami -Dade County Water and Sewer Department ("WASD"). Funding for Utility Work will be released after satisfactory inspection by WASD. The full Scope of Work is detailed in the Contract Documents. ITB No.: 19-20-009 — NW 24th Avenue, NW 25th Avenue, and NW 32" d Street Road Improvements, D1 (The following MUST be filled in) A. Total Base Bid Construction Cost (City of Miami Project B-30723) $ B. Total Add Alternate Construction Cost (Water Main PCTS No. 14924) $ C. Combined Total Bid Construction Cost (Total Base Bid + Total Add Alternate) $ WRITTEN COMBINED TOTAL BID CONSTRUCTION COST (GUARANTEED M I UM PRICE/COST): (Total Base Bid + Total Add Alternate) NW 24th Ave, NW 25th Ave., and NW 32"d Street 79 ITB No. 19-20-009 Road Improvements Project No. B-30723 DIRECTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV (If applicable) Part I: Listed below are the dates of issue for each Addendum received in connection with this bid: Part II: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated No Addendum was received in connection with this bid. Part III: Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Small Business Enterprise ("SBE") Requirements Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City Code, pertaining to the implementation of a "Small Business Enterprise" requirement. Evaluation of Bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a Contract. 2. Non -Collusion Bidder certifies that the only persons interested in this bid are named herein; that no other person has any interest in this bid or in the Contract to which this bid pertains; that this bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately. 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug -free workplace program by: a) 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. b) 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. c) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). d) 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: NW 24th Ave, NW 25th Ave., and NW 32nd Street 80 ITB No. 19-20-009 Road Improvements Project No. B-30723 (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. e) 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. f) 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. Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs (1) through (6). 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: a) 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. b) 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. c) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and Contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. *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 one hundred thousand dollars ($100,000) (per QMB). 5. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; NW 24th Ave, NW 25th Ave., and NW 32nd Street 81 ITB No. 19-20-009 Road Improvements Project No. B-30723 g) b) Have not within a three (3) year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.6 of this certification; and d) Have not, within a three (3) year period preceding this application, had one (1) or more public transactions (Federal, State, or local) terminated for cause or default. e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: 1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources, and expertise, or the ability to obtain them, to meet all contractual requirements; 2) Bidder does have a satisfactory record of performance; 3) Bidder does have a satisfactory record of integrity; 4) Bidder does possess qualified legal standing to Contract with the City; and 5) Bidder will comply in supplying all requested information connected with the inquiry concerning responsibility. f) Bidder has not had a termination, suspension, or cancellation of a City Contract, in whole or in part, for cause, due to a default by the Bidder or Offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the City. h) Have been deposited with a court of competent jurisdiction in Miami -Dade County, Florida, pursuant to the provisions of Fla. R. Civ. P. 1.600 titled "Deposits in Court," as amended, or other applicable Federal, State or Local Rules of Court, and are subject to distribution to the City or withdrawal by the City by order of the court. i) The Bidder shall provide any information requested by the Chief Procurement Officer or Procurement Officer concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found non -responsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: 1) Bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; 2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or 3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami in writing. g) NW 24th Ave, NW 25th Ave., and NW 32nd Street 82 ITB No. 19-20-009 Road Improvements Project No. B-30723 6. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) Have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the Local Workforce Participation requirements on a quarterly basis; (b) Have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the Contractor; and (c) The selected third party, who independently verifies compliance with this section, must have a minimum of two (2) years of experience as required in Ordinance No. 13332, codified as Section 18-89 of the City Code. Part IV: Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. The Bidder further identifies the costs and methods summarized below: Description Total $ Unit Price Quantity Price Extended Method Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] NW 24th Ave, NW 25th Ave., and NW 32"d Street 83 ITB No. 19-20-009 Road Improvements Project No. B-30723 No. Bank of for the sum of Dollars ($ ). The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto including without limitations Part I through IV have been, read, understood, and agree to by signing and completing the spaces provided below. Bidder Name: Signature: Printed Name/Title: City/State/Zip: Email: Telephone No.: Fax No.: Social Security No. or Federal I.D. No. If a partnership, names and addresses of partners: Dun & Bradstreet No. (If applicable) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of a corporation 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 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 _, day of , 20 Secretary: Print: NW 24th Ave, NW 25th Ave., and NW 32nd Street 84 ITB No. 19-20-009 Road Improvements Project No. B-30723 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: NW 24th Ave, NW 25th Ave., and NW 32"' Street 85 ITB No. 19-20-009 Road Improvements Project No. B-30723 NOTARIZATION STATE OF ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC NW 24th Ave, NW 25th Ave., and NW 32"d Street 86 ITB No. 19-20-009 Road Improvements Project No. B-30723 BID BOND FORM (Page 1 of 3) STATE OF ) SS: COUNTY OF ) KNOWN ALL PERSONS BY THESE PRESENTS, that as Principal, as Surety, are held and firmly bound unto the City of Miami, in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 20, for: ITB No.: 19-20-009 — NW 24th Ave, NW 25th Ave, and NW 32"d Street Road Improvements, D1 — Project B-30723 NOW THEREFORE: (a) If the Principal shall not withdraw said bid within one hundred eighty (180) calendar days after date of opening the same, and shall within ten (10) calendar days after the prescribed forms are presented to him for signature, enter into a written Contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or (b) In the event if the withdrawal of said bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. NW 24th Ave, NW 25th Ave., and NW 32"d Street 87 ITB No. 19-20-009 Road Improvements Project No. B-30723 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this day of , 20 , the name and corporate seal of each party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body, WITNESS: (If Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal) (Signature of authorized officer) PRINCIPAL: (Name of Firm) Affix Seal (Title) (Business Address) (City/State/Zip Code) SURETY: (Corporate Surety) Affix Seal (Surety Secretary) (Signature of Authorized Officer) (Title) (Business Address) (City/State/Zip Code) NW 24th Ave, NW 251h Ave., and NW 32nd Street 88 ITB No. 19-20-009 Road Improvements Project No. B-30723 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the within bond; that of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body. (Corporate Seal) STATE OF COUNTY OF CITY OF Before me, a Notary Public duly commissioned, and qualified, personally appeared to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney -in -fact, for the and that he/she has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this day of , 20 INSTRUCTIONS: Bid Bonds must be accompanied by a Power of Attorney, in compliance with Instructions to Bidders. Notary Public, State of Florida at Large My Commission Expires: NW 24th Ave, NW 25th Ave., and NW 32nd Street 89 ITB No. 19-20-009 Road Improvements Project No. B-30723 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. a) How many years has Bidder been in business under its current name and ownership? Professional Licenses/Certifications (include name and number)* Issuance Date (*include active certifications of small business enterprise and name of certifying entity) b) Date Bidder licensed by Dept. of Professional Regulation: c) Qualified Business License: Yes ❑ No ❑ If Yes, Date Issued d) What is Bidder's business? (This answer should be specific. For example: paving, drainage, schools, interior renovations, etc.) e) Name of Qualifier, license number, and relationship to Bidder: f) Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to Bidder and years as qualifier for the Bidder. 2. Name and Licenses of any prior companies: Name of Company License No. 3. Type of Business Entity: Issuance Date ❑ Corporation ❑ "S" Corporation ❑ LLC ❑ Sole Proprietorship ❑ Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a Contract) NW 24th Ave, NW 25ih Ave., and NW 32nd Street 90 ITB No. 19-20-009 Road Improvements Project No, B-30723 4. Business Entity Ownership: a) Identify all owners of the Business Entity. Name Title % of ownership b) Is any owner identified above an owner in another company? ❑ Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership c) Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (Check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other ODDDOD ODD ❑ Explanation for Other: ❑ ❑ ❑ (Note: "All" refers to any type of document including but not limited to Contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information: Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) How many employees are working under H2B visas? NW 24th Ave, NW 25th Ave., and NW 32nd Street 91 Road Improvements Project No. B-30723 ITB No. 19-20-009 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: 7. Insurance and Bond Information: a) Insurance Carrier name and address: b) Insurance Contact Name, telephone, and e-mail: c) Insurance Experience Modification Rating (EMR): (If no EMR rating please explain why) d) Number of Insurance Claims paid out in last five (5) years and their corresponding value: e) Bond Carrier name and address: f) Bond Carrier Contact Name, telephone, and e-mail: g) Number of Bond Claims paid out in last five (5) years and their corresponding value: NW 24th Ave, NW 25th Ave., and NW 32nd Street 92 ITB No. 19-20-009 Road Improvements Project No. B-30723 8. Have any claims lawsuits been file against the Bidder in the past five (5) years? If yes, identify all Bidder has either settled or an adverse judgment has been issued against Bidder. Identify the year, basis for the claim or judgment, and settlement unless the value of the settlement is covered by a written confidentiality agreement. 9. To the best of Bidder's knowledge, is Bidder or any of Bidder's officers currently under investigation by any law enforcement agency or public entity? If yes, provide details: 10. Has Bidder been assessed liquidated damages or defaulted on a Project in the past five (5) years? Yes LI No ❑ If yes, provide an attachment that provides an explanation of the Project. 11. Has Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation. 12. Provide an attachment listing all of the equipment, with a value of five thousand dollars ($5,000) or greater, owned by the Bidder. B. Project Management and Subcontract Details 1. Bidder's Project Manager for this Project: a) Name: b) Years employed by Bidder: c) Licenses/Certifications: d) Last three (3) Projects with the company including role, Scope of Work, and value: NW 24th Ave, NW 25th Ave., and NW 32nd Street 93 ITB No. 19-20-009 Road Improvements Project No. B-30723 2. Subcontractors: Name Trade of Work License No. Certification* (*active certifications of small business enterprise and name of certifying entity) 3. Scope of Physical Labor Construction Work to be performed by Bidder 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) NW 24th Ave, NW 25th Ave., and NW 32nd Street 94 ITB No. 19-20-009 Road Improvements Project No. B-30723 City of Miami, Department of Procurement Experience of the Prime Contractor/Reference Form ITB-GCR INSTRUCTIONS General Contractors shall complete the following information for completed projects where they believe the project is of equal or greater scope, size, and complexity that best represent its ability to complete the "Prop ject." The reference provided' below should be for one (1) project and must comply with the requirements listed in the Notice to Contractors. ;= FAIWRE TO COMPLETE AND SUBMIT THIS FORM FOR THEAMOUNTOF PROJECTS REQUIRED IN THE NOTICE TO CONTRACTORS WILL RESULT IN THE RESPONSE BEING REJECTED AS NON -RESPONSIVE. Name of General Contractor (GC): The above referenced GC is responding to a bid that has been issued by the City of Miami. The City requires that the GC provide written references with their bid submission. By furnishing you with this document, the GC is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Scope of Referenced Work: Did the Scope involve road construction? ❑ Yes ❑ No Value of Project: $ Date Completed: Percentage of physical construction Work self -performed by the GC: Was Project completed on time and within budget: ❑ Yes ❑ No If no, was the GC at fault, contributed to the delay, or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Name of Project Owner: Title: Date: Telephone: E-mail: NW 24th Ave, NW 25th Ave., and NW 32nd Street 95 ITB No. 19-20-009 Road Improvements Project No. B-30723 OFFICE LOCATION AFFIDAVIT (Page 1 of 3) Please type or print clearly. This Affidavit must be completed in full, signed, and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS DEFINED BY CITY CODE SECTION 18-73. Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation Corporation Document No: Date Established Occupational License No: Date of Issuance Office Location (Establishment of the Bidder) PRESENT Street Address: City: PREVIOUS Street Address: State: How long at this location: City: State: How long at this location: According to Section 18-73 of the City of Miami Code, as amended: City of Miami "Local Office" means a business within the City, which meets all of the following criteria: 1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the City for a minimum of twelve (12) months immediately preceding to the date bids were received for the purchase or Contract at issue. For purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal, or owner of the local business. A post office box shall not be sufficient to constitute a local office within the City. and 2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no Tess than the twelve (12) months immediately preceding the date bids were received, and be available for review and approval by the Chief Procurement Officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids were received, a prior fully -executed lease within the corporate limits of the City that documents, in writing, continuous business residence within the corporate limits of the City for a term of no less than twelve (12) months immediately preceding the date bids were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the Chief Procurement Officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the Chief Procurement Officer or its designee; and NW 24th Ave, NW 25th Ave., and NW 32nd Street 96 ITB No. 19-20-009 Road Improvements Project No, B-30723 OFFICE LOCATION AFFIDAVIT (Page 2 of 3) 3) Has had for a minimum of twelve (12) months immediately preceding the date bids were received for the purchase or Contract at issue, a current Business Tax Receipt issued by both the City and Miami -Dade County, if applicable; and 4) Has had, for a minimum of twelve (12) months immediately preceding the date bids were received for the purchase or Contract at issue, any license or certificate of competency and certificate of use required by either the City or Miami -Dade County that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification be borne by the business applicant submitting a bid. According to Section 18-85(a) of the City of Miami Code, as amended: "When a responsive, responsible non -local Bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local Bidders who maintain a local office, as defined in City Code Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local Bidder, then that non - local Bidder and each of the aforementioned responsive, responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local Bidder. Contract award shall be made to the lowest responsive, responsible Bidder submitting the lowest best 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 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 by this section. Print Name Print Name Title Title Authorized Signature Authorized Signature NW 24th Ave, NW 25th Ave., and NW 32nd Street 97 ITB No. '19-20-009 Road Improvements Project No. B-30723 OFFICE LOCATION AFFIDAVIT (Page 3 of 3) (Must be signed by the corporate secretary of a Corporation or one (1) general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: My Commission Expires: Please submit with Bid Form copies of Occupational License, City of Miami and Miami -Dade County Business Licenses, professional and/or trade License to verify local office preference. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return, and any other documents(s) to verify the location of the firm's office. NW 24th Ave, NW 25th Ave., and NW 32"d Street 98 ITB No. 19-20-009 Road Improvements Project No. B-30723 CERTIFICATE OF COMPLIANCE CITY CODE SECTIONS 18-87, 18-89, AND 18-120 I, hereby certify that: i) I, am the (President/Secretary or Principal) of (Bidder's Firm); ii) I have read Sections 18-87, 18-89 and 18-120 of the City of Miami Procurement Code; a. (Bidder) hereby acknowledges that the awarded Contract has an on -site labor component greater than or equal to twenty-five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the Contract value to firms currently certified by Miami -Dade County as a Small Business Enterprise ("SBE"); OR b. (Bidder) hereby is certified by Miami - Dade County as a SBE firm and will self -perform to meet the minimum fifteen percent (15%) SBE requirement. An active copy of the Bidder's SBE certification must be included in the bid document. iii) (Bidder) hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. iv) (Bidder) hereby agrees to comply with the Responsible Wages and Benefits Requirements stated in Section 18-120 of the City of Miami Procurement Code. OPTIONAL: v) (Bidder) hereby agrees to make assignments pursuant to Item iii), above, to certified SBE firms who maintain a "Local Office", as defined in City Code Section 18-73; STATE OF COUNTY OF Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance with Sections 18-87, 18-89 and 18-120 of the City of Miami Procurement Code on behalf of Bidder named therein in favor of the City. Subscribed and sworn to before me this day of , 20_ My commission expires: Notary Public, State of Florida at Large Bonded by: NW 24th Ave, NW 25th Ave., and NW 32nd Street 99 ITB No. 19-20-009 Road Improvements Project No. B-30723 REQUIRED SUBMISSION WITH BIDDER'S BID LOCAL WORKFORCE PARTICIPATION BID QUESTION: List all Contracts Bidder has performed for the City of Miami in the past three (3) years, which included Local Workforce Participation requirements. The City will review all Contracts Bidder has performed for the City in the past three (3) years in accordance with Section 18-89 of the City Code, which requires that "the City shall consider the Bidder's adherence to the City's Local Workforce Participation requirements within the past three (3) years in making any future Contract awards. The solicitation documents will include the Contractor's past compliance with these requirements of the City." As such, the Bidder must list and describe all Work performed for the City of Miami in the past three (3) years. Please provide factually detailed responses for each Project, and address each of the important items below. (i) Contract number, name and brief description of Work; (ii) Total dollar value of the Contract; (iii) Dates covering the term of the Contract; (iv) Percentage of Local Workforce Participation requirements met by Bidder; (v) Breakdown of local workforce used to meet the requirements (number of persons broken down by trade and category); (vi) If Bidder's company was unable to meet the Local Workforce Participation requirements, explain the reasons why, and what efforts, if any, were utilized by Bidder to attempt to meet these requirements; (vii) If the Project was over one million dollars ($1,000,000) did Bidder hold a job fair(s), if yes, provide the date and location of the job fair(s), number of attendees; (viii) Was a third party hired to verify and certify compliance with the Local Workforce Participation requirements, if yes were all requirements met, what was the third party's name and provide their current contact information; (ix) Was the five percent (5%) retainage fee released to Bidder by the City upon Project completion, and (x) If Bidder did not meet the goals, did you seek a waiver of the program requirements from any City officials? Please explain in detail. NW 24th Ave, NW 25th Ave., and NW 32nd Street 100 ITB No. 19-20-009 Road Improvements Project No. B-30723 SECTION 5 CONTRACT EXECUTION FORMS THIS Contract # made this day of in the year 20 in the amount of $Click here to enter text. by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and Click here to enter text., hereinafter called the "Contractor." IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST , a Florida corporation Signature Signature Print Name, Title Print Name, Title of Authorized Officer or Official ATTEST: (CORPORATE SEAL) CONTRACTOR Secretary (Minn Contractor Seal, if available) APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe, Director Victoria Mendez, City Attorney Risk Management Department ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida Todd B. Hannon, City Clerk Emilio T. Gonzalez, PhD., City Manager NW 24th Ave, NW 25th Ave., and NW 32"d Street 101 ITB No. 19-20-009 Road Improvements Project No. B-30723 CORPORATE RESOLUTION WHEREAS, , desires to enter into a Contract with the City of Miami for the purpose of performing the Work described in the Contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (Type Title of Officer) , is hereby authorized and instructed to enter into (Type Name of Officer) a Contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary (Corporate Seal) NW 24th Ave, NW 25th Ave., and NW 32"d Street 102 Road Improvements Project No, B-30723 ITB No. 19-20-009 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, bid/Contract ITB No: 19- 20-009 NW 24th Ave, NW 25th Ave, and NW 32nd Street Road Improvements, D1 — Project B-30723, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly: 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first NW 24th Ave, NW 25th Ave., and NW 32"d Street 103 ITB No. 19-20-009 Road Improvements Project No. B-30723 FORM OF PERFORMANCE BOND (Page 2 of 2) paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 . WITNESSES: (Name of Corporation) (Secretary) By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: (Agent and Attorney -in -Fact) Address: (Street) (City/State/Zip Code) Telephone No.: NW 24th Ave, NW 25th Ave., and NW 32nd Street 104 ITB No. 19-20-009 Road Improvements Project No. B-30723 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, ITB. No. 19-20-009 NW 24th Ave, NW 25th Ave, and NW 32nd Street Road Improvements, D1 — Project B-30723, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials, and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) calendar days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) calendar days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. NW 24th Ave, NW 25th Ave., and NW 32nd Street 105 ITB No. 19-20-009 Road Improvements Project No. B-30723 FORM OF PAYMENT BOND (Page 2 of 2) 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 . WITNESSES: (Name of Corporation) (Secretary) By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: (Agent and Attorney -in -Fact) Address: (Street) (City/State/Zip Code) Telephone No.: NW 24th Ave, NW 25th Ave., and NW 32rd Street 106 ITB No. 19-20-009 Road Improvements Project No. B-30723 CERTIFICATE AS TO CORPORATE PRINCIPAL , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that , who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. Secretary (on behalf of) Corporation STATE OF ) SS: COUNTY OF (SEAL) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and sworn to before me this day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by NW 24th Ave, NW 25th Ave., and NW 32nd Street 107 ITB No. 19-20-009 Road Improvements Project No. B-30723 PERFORMANCE AND PAYMENT GUARANTY FORM - UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT (Page 1 of 2) Date of Issue: Issuing Bank's No.: Beneficiary: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Applicant: Amount: (in United States Funds) Expires: (Date) Bid/Contract No.: We hereby authorize you to draw on (Bank, Issuer name) at by order of and (Branch Address) for the account of (Contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (Contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (Contractor, applicant, customer), pursuant to Bid/Contract No. for (name of Project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (Expiration date) NW 24th Ave, NW 25th Ave„ and NW 32"d Street 108 ITB No. 19-20-009 Road Improvements Project No. B-30723 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) calendar 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 NW 24th Ave, NW 251h Ave., and NW 32nd Street 109 ITB No. 19-20-009 Road Improvements Project No. B-30723 FORM A INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Bidder is submitting as a joint venture, please be advised that these two (2) pages MUST be completed, and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone Number of joint venture: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision - making, including, but not limited to, those with prime responsibility for: a) Financial decisions: b) Management decisions, such as: 1) Estimating: 2) Marketing and sales: 3) Hiring and firing of management personnel: 4) Purchasing of major items or supplies: c) Supervision of field operations: NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the City in writing. NW 24th Ave, NW 25th Ave., and NW 32nd Street Road Improvements Project No. B-30723 110 ITB No. 19-20-009 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 venture in the undertaking. Further, the undersigned covenant and agree to provide to the City current, complete, and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venture relevant to the joint venture, by authorized representatives of the City. 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 Name of Bidder: Bidder: Signature: Signature: Name: Name: Title: Title: Date: Date: NW 24th Ave, NW 25th Ave., and NW 32nd Street 111 ITB No, 19--20-009 Road Improvements Project No. B-30723 ti ADDENDUM No. 1 December 10, 2019 INVITATION TO BID No.: 19-20-009 NW 24" AVENUE, NW 25" AVENUE, AND NW 32" STREET ROAD IMPROVEMENTS, D1 PROJECT B-30723 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid (ITB) and shall become an integral partof the bid submitted and the Contract to be executed for NW 24th Avenue, NW 25th Avenue, and NW 32"d Street Road Improvements — D1 -- ITB No.: 19.20.009 (the "Project"). The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix same to the documents you have on hand. All attachments (if any) are available on the, Office of Capital Improvements (OCI) website and are part of this Addendum. MODIFICATIONS The Bid Submission Due Date is hereby extended to Monday, December 23, 2019 at 2:00 p.m. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF, Annie Perez, CPIb, IYireckr V Department of Procurement, City of Miami ~ K". -,,�_nl ADDENDUM No. 2 December 18'2019 INVITATION TO BID No,: 19~20-009 NW 24 mAVEN0E'NW25w E,ANDNW 32 ND STREET ROAD IMPROVEMENTS, DI PROJECT B-30723 TO: ALL PROSPECTIVE BIDDERS: The following ohgDgaa` additions, dahfioatioOn, and/or deletions amend the above -captioned Invitation to Bid (ITB) and ohoU become on integral part of the bid submitted and the Contract to be executed for NW 24mAnmnum. NVV2SmAvenue, and NW32»«Street Road Improvements —D1 —|TB No.: 19-28-009 (the "Project"). The remaining provisions are.now in. effect and remain unchanged, P|aooe note the contents herein and affix same tothe documents you have onhand. All attachments (ifmny)aneoveUobkxonthmOff|cnofCepdo||nmprovennmnh*(OC|)vvebeDeondare part ofthis Addendum, MODIFICATIONS A\ The Bid Submission Due Date is he[8by8xteDd8dtoJaOU@[y0.202OEt2:ODp.nl. FB\ GeotechDi03|Repnrt attached. C) Revision #1attached. REQUESTS FOR INFORMATION ^ SINCE ISSUANCE 0F|TB No.1S'20-OO9 01. In the General Terms and Conditions, page 32. item 23 the bid oa||e for a full-time Superintendent. |eitmandatory tobefu||-time? Al. Yes. Q2. Ooyou have Geobeohn|Oa|Report? A2. Yes, please see attached Geotechnical Report. Q3. What isthe thickness ofthe asphalt toberemoved? A3. Please see E;aptechn|co| Report for information requested. Field Testing -Pavement Cores, Page 3; Pavement Core No, C-11, Page 14; Pavement Core No. C-2, Page 16, Q4. The plane call for removal of drainage structures and pipe but it is very difficult to quantify the length of the French Drain and Solid Pipes. Can the City add an item for this job? A4. No, Removal ofexisting drainage system tu be included in the price for Pay item #110- 1-1 Clearing and Grubbing. Q5. Dothe Curbs Type Fand Valley Gutter have abase pad (4" does the quantity of the base in the spreadsheet include the quantity under the curbs? Please advise. AS. The spreadsheet quantity includes the 4" |inownonhbaoe under proposed Type F and Valley Gutters. Q8. The drawings call for Planters, but apart from the concrete ourba, who[ does the Contractor need tOdothere? Place top soil and what else? AG. Special Details sheet in the plans require regrading and placement of sod in these areas, Q?. What iathe scope nfwork for the Item #11O-15"4rboriatVVork?" A7. Arbwdotohm|| be present on site to monitor construction ect|v|dme near existing trees and direct all root pruning/barrier and/or canopy trimming activities if necessary. Q8. The plans od| for "Root Barrier Roqu|red"end it is also shown in the detail but we cannot quantify the total length ofthe root barrier. Please advise, A8. Please see Revision #1attached. Q9. Could the City add oDitem for Temporary Striping? A9. Please see Revision #1 attached. Q10. The drawings say ^2" gas main to be construction by others," That means that the now gas main istoUeconstructed while woare onsite? A10. The 2" gas main is to be constructed by others prior to Contractor mobilizing onto site. Qll. What is the allowable contract time for this project? All. In accordance with Section 3, Article 1 "Contract Time and Hours," "Contractor ahoU have three hundred (300) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. Contractor shall have an additional thirty /30> calendar days toachieve Final Completion pYthe Controot'" Q12. What is the budgeted contract amount / engineer's estimate for thisproject? 412. City: $1.008.000.00. Joint Participation Agreement JPA" with Miami -Dade Water and Q13 The OB for project B-30723 requires prospective bidders to have a minimum of five (5) years' experience under its current business name, with three (3) similar project onmp|aUnna within the last five (5) years, To bolster the competitive process, and increase the pool of prospective biddero, can this requirement be reduced to three (3) years of experience under Its current business name with three (3) similar projects completed within the last three (3) years? Alternatively, can the experience and work history of key project and ownership personnel, gained during construction ofprojects prior to their invo|mamant/enop|oyment0Nth the prospective bidders baused husatisfy this requirement? A13. The City has decided not tmchange any ofthe requirements. NVV24mAvenue, NVV25mAvenue, and NVV32,1dStreet Road Improvements, DI - Project B-30723 [TBNo 19-20-009 2 THIS ADDENDUM |SANESSENTIAL PORTION OFTHE CONTRACT DOCUMENT AND SHALL BE MADE PART THEREOF. ' / Annie Perez, OPPO' Director Department of Procurement, City of Miami NVV24mAvenue, NVy25mAvenue, and NVV32"Street [[BNo. 18'2O-OOA