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REGATTA PARK INTERLOCAL BETWEEN CITY OF MIAMI AND MIAMI PARKING AUTHORITY This AGREEMENT, is made and entered into this day of , 2016, by and between the CITY OF MIAMI, FLORIDA, a municipal corporation of the STATE OF FLORIDA, hereinafter referred to as the "City", and the DEPARTMENT OF OFF-STREET PARKING a/k/a MIAMI PARKING AUTHORITY, an agent and instrumentality of the CITY OF MIAMI, hereinafter referred to as "MPA". WTNESSETH WHEREAS, the City owns certain real property at 2700 South Bayshore Drive, Coconut Grove, Florida 33133 also known as Regatta Park (the "Property"); and WHEREAS, the City desires to re -design and re -build the Property, including the existing parking lot that will include a minimum of 2") herein described as Exhibit "A"; and spaces on a portion of the Property (the "Phase WHEREAS, the project scope of Phase 2 includes, but is not limited to: milling and resurfacing, asphalt, curb and gutter, new sidewalks, French drains, signage and pavement markings, landscaping and lighting; and WHEREAS, the City wishes to develop an expanded public parking lot to support Regatta Park; and WHEREAS, the City will benefit from the additional spaces by allowing for more residents to patronize the park; and 11 WHEREAS, the operation and maintenance of this parking lot is the responsibility of the MPA, as stated in Article 3.1 in this Agreement; and WHEREAS, the MPA will support the City's efforts by providing funding in an amount not to exceed $1,300,000.00 for Phase 2 as is designated by Exhibit "A"; and WHEREAS, on _ , MPA Board Resolution No. 16-_ authorized issuance of such funding, in an amount not to exceed $1,300,000.00, to the CITY; and WHEREAS, on , 2016, the Miami City Commission, by Resolution No. R-16- _�, authorized the acceptance of such funding in the amount of $1,300,000.00, from the MPA, to underwrite costs associated with Phase 2 of the project, as described in the Exhibit "A" attached hereto; and NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree: 1 EFFECTIVE DATE AND TERM: This Agreement shall take effect upon its execution and shall terminate upon completion and close-out of the Project. 2 RESPONSIBILITIES OF CITY: The City is responsible for the management and administration of the Project. 2.1 Accounting; The City shall at all times maintain separate accounting for the costs of the Project so those costs may be independently verified and audited by the MPA, at the request and cost of the MPA. The City agrees to permit the MPA auditors to inspect the books, records and accounts of the Project for three years after completion of the Project. These records shall be made available to the MPA for inspection within five (5) working days upon receipt of a written request from the MPA. 2 2.2 Design: The City will secure engineering design and consulting services from qualified firms to develop the construction plans, technical specifications, special provisions, pay items and construction cost estimates for the Project (the "Design Work") in accordance with all applicable City, County, State and Federal standards and specifications. The City agrees that the selection, retention and discharge of the design consultant shall be the responsibility of the City in accordance with applicable laws. The City shall have the right to award the Design Work to a qualified firm through an existing Agreement if deemed the most advantageous method to complete the Project 2.3 Construction: The City shall procure the services of a licensed contractor holding a general contractor's license to construct the Project (the `Build Work"). The City may award the contract through any available lawful means which, in the City's discretion, affords the most cost effective and advantageous method for construction of the Project and which may include, but is not limited to, bid solicitation, request for proposals, the award of a change order on existing City contract(s), or the extension of unit -prices provided in connection with prior competitive bid awards. The City shall have the right to award the Build Work to a qualified firm through an existing Agreement if deemed the most advantageous method to complete the Project. Subsequent to the evaluation of bids or proposals by the City, if applicable, and the City's determination of the most advantageous bid or proposal, the City shall provide said evaluation to the MPA for review and approval. The MPA agrees that the selection, .retention and discharge of such contractor shall be the responsibility of the City. 3 2.4 Construction Administration and Inspection: The City shall exercise all responsibilities of the owner under the construction contract, including construction administration and inspections. The City may delegate this function to an authorized agent or Construction Engineering Inspection consultant. The City will allow the MPA access to the site for review and observation during construction. 2.5 Permits and Approvals: During the course of the design, the City shall obtain all necessary approvals, permits, and utility adjustments; and coordinate the review of construction documents by utilities and permitting agencies. The City shall make all necessary adjustments as required for approval and/or permitting by those agencies. The City shall obtain all necessary approvals, permits, and utility adjustments for the Project in accordance with applicable State, Federal and Local Laws and ordinances. 2.6 Funding Amount: The MPA agrees to provide fiends for Phase 2 of the Project in the amount not to exceed amount of $1,300,000.00, for eligible expenses, as defined herein, incurred by the City for the construction of Phase 2. The MPA shall disburse to the City fiends for Phase 2 within thirty (30) days of execution of this Agreement. The MPA shall incur no liability for any costs in excess of said funding amount unless there has been a duly authorized increase approved by the MPA Board. 2.7 Project Cost Adjustments: The parties recognize that adjustments to the above - referenced costs may be required in the future and that at the option of the parties, amendments may be entered into to revise the fiends available for Phase 2 of the Project. 0 Funding commitments shall be subject to the approvals of the parties' respective governing boards. 3. RESPONSIBILITIES OF THE MPA 3.1. Maintenance: The MPA agrees to operate and maintain all aspects of the parking lot in fall and in conformity with Section 23 of the Charter of the City of Miami. 4 ELIGIBLE EXPENSES: The parties agree that the design, construction, inspections, permitting and administration expenses incurred by the City that are directly related to Phase 2 of the Project are eligible expenditures for MPA's funding, and documentation will be made available to substantiate expenditures in the form of approved invoices, verified payment requests, documented journal entries, and/or check vouchers, at the request of the MPA. S COMPLIANCE WITH LAWS: The parties shall comply with applicable federal, state and. local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to the Project. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 6 DISPUTE RESOLUTION, APPLICABLE LAW: The parties shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in. Miami -Dade County, Florida. E 7 ENTIRE AGREEMENT, AMENDMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms contained herein shall be effective unless set forth in writing in accordance with this section. 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 Agreement and executed by the parties. 8 JOINT PREPARATION: The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties from the other. 9 SEVERANCE: In the event a portion of this Agreement is found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue to be effective unless the City or MPA elect to terminale this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 9 RECORDS AND REPORTS/AUDITS AND EVALUATION: 9 Public Records; Maintenance of Records. This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes, as amended. Contractor/consultant/provider shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". The parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. Moreover, in furtherance of each party's audit rights in Section 9(c) below, both the CITY and MPA acknowledge and accept the authority of each to access the records, legal representatives' and contractors' records of the other, and the obligation of each to retain and to make those records available upon request, and in accordance with all applicable laws. Each party shall keep records to show compliance with this :Agreement. In addition, each party's contractors and subcontractors must make available, upon request, any books, documents, papers, and records which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Each party agrees to incorporate the other party's right to access all records in the possession of the Contractor and any subcontractors pertaining to the Project. b. Reports. The each party agrees to deliver or present to the other reports relating to the use of the funds, as requested. Failure to provide said reports shall result in the funds, being withheld until there is compliance with this provision. Thereafter, continued failure by either party to provide such reports shall be considered a default under this Agreement. C. Audit Rights. Each party shall have the right to conduct audits of the other party's records as they may pertain to the performance of these activities. Such audits shall take place at a mutually agreeable date and time. 10 DEFAULT: If either party fails to comply with any term or condition of this agreement, or fails to perform any of its obligations hereunder, then that party shall be in default. Upon the occurrence of a default hereunder, the non -defaulting party, in addition to all remedies available to it by law, may immediately, upon written notice to the other party, terminate this agreement. Default by the City shall result in the return of fiends. 7 11 TERMINATION RIGHTS: Either party shall have the right to terminate this agreement, in its sole discretion, at any time, by giving written notice to the other party at least thirty (3 0) days prior to the effective date of such termination. 12 MISCELLANEOUS PROVISIONS: 12.1 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 12.2 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 13 NOTICES: Any and all notices required to be given under this agreement shall be sent by first class mail, addressed as follows: To the MPA: Attention: Arthur Noriega, Chief Executive Officer Miami Parking Authority 40 NW 3rd Street, 1103 Miami, FL 33128 305-373-6789 With a copy to: Tiffany C. Britton, Esq., Senior Executive Advisor Miami Parking Authority 40 NW 3rd Street, 1103 Miami, FL 33128 To the City: Attention: Jeovanny Rodriguez, P.E., Director City of Miami Capital Improvements and Transportation Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 (305) 416-1225 0 IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. ATTEST: ATTEST: Todd. B. Hannon City Clerk (Affix City Seal) APPROVED AS TO FORM AND CORRECTNESS: MIAMI PARKING AUTHORITY, BY ITS BOARD OF DIRECTORS mm Arthur Noriega Chief Executive Officer CITY OF MIAMI, a municipal corporation of the State of Florida Daniel J. Alfonso City Manager APPROVED AS TO INSURANCE REQUIREMENTS: BY: BY: Victoria, Mendez Anne -Marie Sharpe City Attorney Risk Management Director E EXHIBIT A SCOPE OF WORK Project scope includes, but is not limited to; milling and resurfacing, asphalt, curb and gutter, new sidewalks, French drains, signage and pavement markings, landscaping and lighting. 10 INVITATION TO BID ("ITB") NO.: 13-14-027 COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARK) CAPITAL IMPROVEMENT PROGRAMS . e(69CIP PROJECT 1. i r Bids Due Date: Monday, January 19, 2015 Bids Due Time: 2:00 P.M. Mayor Tomas P. Regalado Commissioner Wifredo "Willy" Gort, District 1 Commissioner Marc Sarnoff, District 2 Commissioner Frank Carollo, District 3 Commissioner Francis Suarez, District 4 Commissioner Keon Hardemon, District 5 City Manager, Daniel J. Alfonso Issued By: City of Miami Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 TABLE OF CONTENTS NoticeTo Contractors.................................................................................................................. 6 Sectionl - Instructions for Submission................................................................................... 7 1. Intention of City.............................................................................................................. 7 2. Scope of Work................................................................................................................ 7 3. Location of Prosect(s).................................................................................................. 7 4. Performance of the Work............................................................................................... 7 5. Examination of Contract Documents and Site............................................................. 8 6. Addendum ................................................................................................................ 8 7. Bid Submission.............................................................................................................. 9 8. Bid Guaranty................................................................................................................... 9 9. Preparation of Bid.......................................................................................................... 9 10. Pre -Bid Conference......................................................................................................10 11. Postponement of Bid Opening Date ............................................. ...........................10 12. Acceptance or Resection of Bids................................................................................10 13. Environmental Regulations..........................................................................................10 14. Bid Award....................................................................................................................10 15. Bid Protest.....................................................................................................................11 16. Community Small Business Enterprise ("CSBE")......................................................11 17. Local Workforce Participation........................................................ ..........................12 18. Intentionally Omitted.....................................................................................................13 19. Cone of Silence............................................................................................................13 20. Public Entity Crime......................................................................................................13 21. Fraud and Misrepresentation.....................................................................................13 22. Collusion........................................................................................................................13 23. Contractor in Arrears of Default...................................................................................13 24. Cancellation of Solicitation........................................................... .............................14 Section2 General Terms and Conditions.............................................................................. 15 1. Definitions..................................................................................................................15 2. Time is of the Essence.................................................................................................17 3. Contract Term...............................................................................................................18 4. Notices................................................................................................... ..................18 5. Priority of Provisions....................................................................................................19 6. Indemnification.............................................................................................................19 7. Insurance......................................................................................................................20 8. Performance and Payment Bond.............................................................................23 9. Qualification of Surety..................................................................................................23 10. General Reguirements................................................................................................24 11. Method of Performing the Work....................................................................................24 12. Work Staging and Phasing...........................................................................................25 13. Site Investigation and Representation.......................................................................25 14. Contractor to Check Plans, Specifications and Data..................................................26 15. Contractor's Responsibility for Damages and Accidents..........................................26 16. Accidents..............................................................................................................26 17. Safetv Precautions........................................................................................................27 18. Occupational Health and Safety ..................................................................................28 19. Labor and Materials.....................................................................................................28 20. Rules, Regulations, and Licenses...............................................................................28 21. Consultant Services.....................................................................................................28 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) B-301828 22. Project Management.....................................................................................................29 23. Superintendence and Supervision............................................................................29 24. Authority of the Project Manager.................................................................................30 25. Inspection of Work........................................................................................................31 26. Taxes..........................................................................................................................31 27. Separate Contracts.......................................................................................................31 28. Lands of Work...............................................................................................................32 29. Coordination of Work.............................................................................. ..................32 30. Differing Site Conditions.............................................................................................32 31. Existing Utilities............................................................................................................33 32. Contractor's Responsibility for Utility Properties and Service .... .............................33 33. Interfering Structures....................................................................................................34 34. Field Relocation.............................................................................................................34 35. Contractor's Use of Project Site(s)..............................................................................34 36 Warranty of Materials and Equipment.........................................................................35 37. Material and Equipment Shipment, Handling, Storage and Protection .....................35 38. Manufacturer's Instructions ....... .........................................................................36 39. Manufacturer's Warranty..............................................................................................37 40. Reference Standards..................................................................................................37 41. Submittals................................................................................................................37 42. Shop Drawings..............................................................................................................39 43. Product Data................................................................................ 44. Samples.........................................................................................................................40 45. Record Set.....................................................................................................................40 46. Supplemental Drawings and Instructions...................................................................41 47. Contractor Furnished Drawings................................................................................41 48. Substitutions.................................................................................................................41 49. City Furnished Drawings ...........................................................................................42 50. Interpretation of Drawings and Documents...............................................................43 51. Product and Material Testing.......................................................................................43 52. Field Directives.............................................................................................................43 53. Changes in the Work or Contract Documents.............................................................43 54. Continuing the Work.....................................................................................................44 55. Change Orders............................................................................................................44 56. Change Order Procedure..............................................................................................45 57. No Oral Changes...........................................................................................................45 58. Value of Change Order Work.......................................................................................45 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, & Final Completion..........................................50 64. Acceptance and Final Payment..............................................................................51 65. NDPES 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............................................................. .....................55 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B-301828 73. Defective Work..............................................................................................................55 74. Acceptance of Defective or Non -Conforming Work....................................................55 75. Uncovering Finished Work...........................................................................................55 76. Correction of Work........................................................................................................56 77. Maintenance of Traffic and Public Streets...................................................................56 78. Location and Damage to Existing Facilities, Equipment or Utilities ..........................58 79. Stop Work Order..........................................................................................................58 80. Hurricane Preparedness.............................................................................................59 81. Use of Completed Portions..........................................................................................59 82. Cleaning Up; City's Right to Clean Up ........... ........................................ ..................60 83. Removal of Equipment ..... .....................................................................................60 84. Set -offs, Withholdings, and Deductions......................................................................60 86. Event of Default.............................................................................................................60 86. Notice of Default -Opportunity to Cure.........................................................................61 87. Termination for Default.................................................................................................61 88. Remedies in the Event of Termination for Default......................................................62 89. Termination for Convenience......................................................................................62 90. Resolution of Disputes.................................................................................................,63 91. Mediation -Waiver of Jury Trial...................................................................................64 92. City May Avail Itself of All Remedies..........................................................................64 93. Permits, Licenses and Impact Fees.............................................................................65 94. Compliance with Applicable Laws ..................................... ............................. ...65 95. Independent Contractor................................................................................................65 96. Third Party Beneficiaries.............................................................................................66 97. Successors and Assigns............................................................................................66 98. Materialitv and Waiver of Breach.................................................................................66 99. Severability....................................................................................................................66 100. Applicable Law and Venue of Litigation.....................................................................67 101. Amendments.................................................................................................................67 102. Entire Agreement.........................................................................................................67 103. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act 67 104. Evaluation.....................................................................................................................67 105. Commodities manufactured, grown, or produced in the City of Miami, Miami -Dade County andthe State of Florida.................................................................................................68 106. Royalties and Patents...............................................................................................68 107. Continuation of the Work.........................................................................................68 108. Public Records..............................................................................................................68 109. No Interest ............................................... ............................. ............................ ,........69 110. Payments Related to Guaranteed Obligations............................................................69 111. Consent of City Required for Subletting or Assignment............................................69 112. Agreement Limiting Time in Which to Bring Action Against the City.............. ........69 113. Defense of Claims . .................................................................................................69 114. Contingency Clause.....................................................................................................70 115. Mutual Obligations................................................................,...................................70 116. Contract Extension ..................................................................................................70 117. Non-Exclusivity............................................................................................................70 118. Nature of the Agreement...............................................................................................70 119. Contract Documents Contains all Terms.....................................................................70 120. Survival..........................................................................................................................71 121. Disclosure of State Funding......................................................................................71 Coconut Grove Waterfront Masterplan (Regatta Park) - 8.301826 ITB No.: 13-14-027 Section 3 -Supplemental Terms and Conditions..................................................................... 72 1. Contract Time & Hours............................................................................................... 72 2, Progress Payments..................................................................................................... 73 3. Liquidated Damages................................................................................................... 74 4. Schedule of Values..................................................................................................... 74 5. Proiect Schedules....................................................................................................... 74 6. Release of Liens/Subcontractor's Statement of Satisfaction ................................... 75 7. Progress Meetings ............................................................................................... 75 8. Request for Information.............................................................................................. 76 9. Project Site Facilities . ................................................................................................. 76 10. Inspection of Work...................................................................................................... 77 11. Security.......................................................................................................................77 12. Construction Signage................................................................................................. 77 13. Construction Photographs........................................................................................ 77 14. City Furnished Property............................................................................................. 77 15. Geotechnical Testing - Intentionally Omitted............................................................ 78 16. Field Layout of the Work and Record Drawings for Drainage Proiects................... 78 17. Survev Work for Drainage Proiects......................................................................... 79 18. Special Care Provisions 79 19. Amendments for Phase II and Phase III......... .......................... ....................... 80 Section4 Bid Form.................................................................................................................... 81 92 Section 5 - Attachments............................................................................................. BidBond Forms.......................................................................................................................... 92 Questionnaire........................................................................................................................... 95 CustomerReference Listing . ................................................................................................. 100 ReferenceLetter .................................................................................................................... 101 OFFICELOCATION AFFIDAVIT............................................................................................... 101 Certificateof Compliance......................................................................... ......................... 105 Scheduleof Intent Affidavit...................................................................................................... 106 Section 6 Contract Execution Forms...107 CORPORATERESOLUTION......................................................................................108 FORMOF PERFORMANCE BOND......................................................................................... 109 FORMOF PAYMENT BOND... ...... .............................................................................. ill CERTIFICATE AS TO CORPORATE PRINCIPAL.................................................................... 113 PERFORMANCE AND PAYMENT GUARANTY FORM ........................................................ 114 UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT ....................................................... 115 JOINTVENTURE FORM.............................................................................................116 EXHIBIT 1 - DETAILED PROJECT SCOPE..................................................................118 EXHIBIT 2 - BONUS PAYMENT PROVISIONS .........................................................120 Coconut Grove Waterfront MasterPlan ITB No.: 13-14-027 (Regatta Park) - B-301828 INVITATION TO BID NO.: 13-14-027 ara 6:L# "fi `:bt1 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 1St Floor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARK) Bids Due: Monday, January 19, 2015 @ 2:00 P.M. Scope of Work: The work consists of providing all labor, material, equipment, machinery, tools, services and incidentals necessary to construct a high quality park at a rate of progress that will ensure completion of the work within the stipulated contract time. The project shall be completed in three (3) consecutive Phases that consist of various distinctive areas within an overall park site. The areas include the Expo Lawn, Regatta Lawn, Tropical Garden, Promenade, Multi -use Path Connector, Monument Signage and Children's Play Area, Tree Allee, Marina Parking and Auxiliary Parking. PLEASE REFER TO THE DETAILED PROJECT SC P ATTACHED HERETO AS EXHIBIT 1 AND THE BONUS PAYMENT PROVISIONS ATTACHED HERETO AS EXHIBIT 2. NO PRE-BID CONFERENHAS BEEN SCHEDULED FOR THIS ITB NO.: 13.14-027 Minimum Requirements: Prospective Bidders must have i) a current certified General Contractor or Building Contractor license issued by the State of Florida; and, in addition, must have a minimum of Ten (10) years of experience under its current business name with experience in the construction of park projects, supported by references for at least three (3) park projects completed within the past ten (10) years which encompass 3 acres or more. Submitted reference projects must demonstrate that the Bidder was the Prime Contractor for the referenced project. The Contractor shall have no minimum self - performance requirement with respect to this ITB No.: 13-14-027. The Bid documents including plans can only be obtained by visiting the Department of Capital Improvements Program's website: http://www miamiciov com/CapitalImprovements/pages/ProcurementOpportunities/Default asp. It is the sole responsibility of all firms to ensure their receipt of any addendum(s)/ addenda and it is strongly recommended that interested firms periodically check the CIP webpage for updates and the issuance of addenda. All bids shall be submitted in accordance with the Instructions to Bidders. Bids must be submitted in duplicate originals and on CD in PDF format at the time, date and place above, where bids will be publicly opened. Any bids received after the time and date specified will not be considered. The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of the Bidder. The City is not responsible for any delay no matter what the cause. You assume any risk of any delay or mistake. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE NO. 12271 Section 18-74, CITY OF MIAMI CITY CODE, as amended. Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B Section 1 Instructions for Submission 1. Intention of City It is the intention of City to describe in this Invitation to Bid the Project(s) to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project(s). Any work, materials or equipment that may reasonably be inferred from the Contract as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. Where words have a well-known technical or trade meanings are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work The work consists of providing all labor, material, equipment, machinery, tools, services and incidentals necessary to construct a high quality park at a rate of progress that will ensure completion of the work within the stipulated contract time. The project shall be completed in three (3) consecutive Phases (described in this Section 1, Paragraph 4, below) that consist of various distinctive areas within an overall park site. The areas include the Expo Lawn, Regatta Lawn, Tropical Garden, Promenade, Multi -use Path Connector, Monument Signage and Children's Play Area, Tree Allee, Marina Parking and Auxiliary Parking, PLEASE REFER TO THE DETAILED PROJECT SCOPE ATTACHED HERETO AS EXHIBIT 1 AND THE BONUS PAY ENT —PROVISIONS ATTACHED HERETO AS EXHIBIT 2. 3. Location of Proiect(s) THE PROJECT LOCATION IS: Bayshore Drive between Pan American Drive and SW 27th Avenue / Former Site of the Coconut Grove Convention Center 4. Performance of the Work SPECIALREQUIREMENTS: A. Construction of this Project shall be completed CONSECUTIVELY in the following three (3) phases: Phase 1 -m Phase 1 of the Project includes construction of the major and minor components of the park. Both parking lots shall remain open during construction of Phase 1 of the Project and entrances and exits into both parking lots shall remain accessible to the public. Alternate Phase 2 Phase 2 of the Project includes construction of the Park's auxiliary parking lot and the Promenade. Phase 1 must be completed and operable to service the public before commencing Phase 2. Entrances and exits into the Marina's parking lot (i.e. Phase 3) shall remain accessible to the public during construction of Phase 2. 7 Coconut Grove Waterfront Masterplan ITB No. 13-14-027 (Regatta Park) — B-301028 Alternate Phase 3 - Phase 3 of the Project includes construction of the Marina's parking lot. In order to commence Phase 3 of the Project, Phases 1 and 2 must be completed and operable to service the public. Accordingly, the City shall issue a separate Notice To Proceed to authorize the Contractor to commence the work on each Phase and Contractor shall not commence the work on Phase 2 or Phase 3 Unless and until Substantial Completion of the preceding Phase has been achieved and the required Notice To Proceed #_ #.has been received. The contractor shall take the necessary precautions to phase the work appropriately and make a seamless transition into Phase II and Phase III of the Project construction. See the Construction Phase Drawing - Exhibit A of the Construction Drawings. As part of the Bid the Bidder must include the form entitled "Questionnaire". Failure to complete and submit this form may result in the Bid being deemed non-responsive. 5. Examination of Contract Documents and Site It is the responsibility of each Bidder before submitting a response to this Invitation to Bid (ITB) to: • Carefully review the ITB, including any Addendum(s)/ Addenda and notify the City of all conflicts, errors or discrepancies. • Visit the site(s) or structure(s) to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami -Dade County including, without limitation the City Purchasing Ordinance and Florida Building Code) laws, regulations, ordinances that may affect a Bidder's ability to perform the Work. • Study and carefully correlate Contractor's observations with the requirements of the ITB. • Sign and return all required ITB forms and/or Addendum(s), as applicable. The submission of a Bid in response to this solicitation shall constitute an incontrovertible representation by Bidder that it will comply with the requirements of the Contract Documents and that without exception, the response is premised upon performing and furnishing Work required under the Contract Documents and that the Contract Documents are sufficient in detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Addendum Only questions answered by written Addendum will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparations of a Bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Department of Capital Improvements Program (CIP) in writing, to the attention of Anthony Rolle at aroll�miamigov.com. Interpretations or clarifications considered necessary by CIP in response to such questions will be issued by City by means of Addendum. All Addenda will be posted on the CIP webpage. Written questions must be received no less than ten (10) calendar days prior to the date Bids are due. There shall be no response to questions received less than ten (10) calendar days prior to bid opening. Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B -30182B 7. Bid Submission All Bids must be received by the City of Miami, City Clerk's office located at City Hall, First Floor, 3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID NO.: 13-14-027 PROJECT NAME: COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARK) Bidders must submit two originals of their entire BID, along with one PDF copy of their entire BID on CD. Failure to submit two originals may result in the rejection of the Bid as non- responsive. 8. Bid Guaranty All Bids shall be accompanied by either an original Bid bond executed by a Surety meeting the requirements of the City, or by cash, money order, certified check, cashier's check, Unconditional/Irrevocable Letter of Credit, Bid Bond Voucher (for projects less than $200,000) issued to City of Miami by certified check, treasurer's check or bank draft of any national or state bank (United States), in the amount of five per cent (5%) of the total Bid amount, payable to the City of Miami Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Capital Improvements and Transportation Department at its sole discretion. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, and provide the required Performance 9. Preparation of Bid All Bids must 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 will result in a determination that the response is non-responsive The Bidder will be considered non-responsive if Bid is conditioned on modifications, changes, or revisions to the terms and conditions of the ITB. The Bid is to include the furnishing of all labor, materials, overhead expense and profit, equipment including, but not limited to, tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. Joint venture firms must complete and submit with their Bid the form titled "Information for Determining Joint Venture Eligibility", (Form A) and submit a copy of the formal agreement between all joint -venture parties. This joint venture agreement must indicate their respective roles, responsibilities and levels of participation for the Project. Failure to submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the Bid. All joint venture firms must meet the requirements stipulated in the Florida Statutes. Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B 1 ♦ ' 'wi 1 i 11.: �;. PRE-BIDNO F HAS BEEN SCHEDULED FOR THIS ITB NO.: 13-14-027 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of submissions and will make a reasonable effort to give at least five (5) calendar days notice of any such postponement to prospective Bidders. The City shall make reasonable efforts to issue addenda within five (5) calendar days prior to the due date. 12. Acceptance or Resection of Bids The City reserves the right to reject any or all Bids prior to award, to re -advertise for Bids, and to not award any Contract in the reasonable discretion of the City. The City reserves the right to waive any minor technicality, informality, variance, deviation, omission or the like up to or prior to award of the bid. Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change the Contract Price before the expiration of one hundred twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its Bid after the expiration of one hundred twenty (120) calendar days from the date of Bid opening by delivering written notice of withdrawal to the Department of Capital Improvements and Transportation prior to award of the Contract by the City Commission. 13. Environmental Regulations The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidders shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Submittal opening date and during performance of the Work under this Contract. 14. Bid Award The City shall award the Contract for this Project to the lowest responsive and responsible Bidder based on the Total Base Bid Amount submitted for Phase 1 of the roject described in this Section 1, Paragraph 4, above, and on the BID FORM (Pape 2 of 11), page 82, below. However, the City, in its sole and absolute discretion, may elect to eliminate from the Project's scope one or more of the two Alternate Project phases and/or one or more components within any of the three Project phases prior to final execution of the Contract. The City may require demonstration of competency and at its sole discretion conduct site visits, require the Bidder to furnish documentation and/or require the contractor to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed, and past performance on City projects by the Contractor. 10 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B City Code Section 18-85, as amended, states that "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible bidders who maintain a local office, as defined in City Code Section 18-73, as amended, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." A Post Office box or working from a private residence will not be considered as maintaining a local office, unless the owner of the private residence possesses a City of Miami Occupation License for the business at the address of the private residence. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other contracts with the City. Any Bidder who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder under federal bankruptcy law or any state insolvency, may be declared non-responsive. Any Bidder who may have filed a lawsuit against the City or where the City has filed a lawsuit or won a court judgment against the Bidder may be declared non-responsive. 15. Bid Protest Any actual or prospective contractual party who feels aggrieved in connection with this solicitation or intends to contest a bid specification or a bid solicitation or any responsive and responsible bidder, whose bid is lower than that of the recommended bidder, may protest the issuance of the ITB or an award of a contract. Eligible protests must be submitted in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-104 of the City's Code describing the protest procedures. Protests failing to meet the requirements for filing shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 16. Community Small Business Enterprise ("CSBE") Participation The Contractor must comply with the following CSBE participation requirements. All instructions, required forms and other information necessary for complying with the CSBE participation requirements are available on the CIP webpage. a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami - Dade County as a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code; b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure 11 Coconut Grove Waterfront Masterplan ITB No.: 13-14-.027 (Regatta Park) — B -30132B to comply with the CSBE requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City; C) The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with Section 18-89 of the City Code. Said third party shall be unaffiliated with the respondent and be properly licensed under the provisions of Section 454, 471, 473, or 481 of the Florida Statutes. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification shall be included in the related contract costs. The following link is to the Miami -Dade County website where Bidders can view the current listing of certified CSBE contractors by trade. http://www.miamidade.gov/business/reports-certification-lists.asp 17. Local Workforce Participation Unless disallowed by Florida Statutes, Federal Laws or grant requirements, the Contractor must comply with the following Local Workforce Participation requirements. All instructions, required forms and other information necessary for complying with the Local Workforce Participation requirements are available on the CIP webpage. a) The Contractor must employ a minimum of fifteen percent (15%) of on-site labor from persons residing within the municipal boundaries (e.g. city limits of the City of Miami) of the City. The City residency of the onsite labor component will be subject to verification by the issuing department; b) Five percent (5%) of the bid amount shall be retained by the City as security for the verification of compliance with such requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the Local Workforce Participation requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City; C) The Contractor will be required to hold one (1) job fair within the local community for projects with a bid amount between $1,000,000 and $2,000,000; d) The Contractor will be required to hold two (2) job fairs within the local community for projects with a bid amount greater than $2,000,000; e) The Contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce; f) The Contractor shall retain the services of an independent third party to verify and certify compliance with these requirements on a quarterly basis in accordance with City Code Section 18-89. Said third party shall be unaffiliated with the Respondent and be properly licensed under the provisions of Chapters, 454 ("Attorneys") 471 "Engineering"), 472 ("Land Surveying / Mapping") 473 ("Public accountancy"), or 481 ("Architecture", etc.) 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, 12 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B enforcement, or investigative environment. The cost for this verification shall be included in the related Contract costs. 18. Intentionally Omitted 19. Cone of Silence Pursuant to Section 18-74 of the City 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 submit in writing to CIP and Bidders must file a copy of such written communications with the Office of the City Clerk. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk at rcastillop_miamigov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City Code for a complete and thorough description of the Cone of Silence. You may also contact the City Clerk at (305)-250-5360, to obtain a copy. 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 proposal on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public works project, may not submit a response on a lease of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statutes for Category Two for a period of 36 months from the date of being placed on the convicted Bidder / Bidder list. 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 response to an ITB such submissions shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submission under such ITB. Related parties shall mean employees, officers or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Contractor have a direct or indirect ownership interest in another Contractor for the same project(s). ITB responses found to be collusive shall be rejected.. 23. Contractor in Arrears or Default 13 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B The Contractor represents and warrants that the Contractor is not in arrears to the City and is not a defaulter as a surety or otherwise upon any obligation to the City. In addition the contractor warrants that the Contractor has not been declared "not responsible" or "disqualified" by or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Contractor's responsibility or qualification to receive public agreements. The Contractor considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider and 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 Solicitation The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation. 14 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 Section 2 — General Terms and Conditions 1. Definitions Basis of Design means a specific manufacturer's product that is named; including the make or model number or other designation, establishing the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other manufacturers. Bid means the response submitted by a bidder to this solicitation, which includes the price, authorized signature and all other information or documentation required at by the Contract Documents at the time of submittal. Bidder means any individual, firm, incorporated or unincorporated business entity, or corporation tendering a Submittal, acting directly or through a duly authorized representative. Bidder shall have the same meaning as Contractor once a Contract for the Work has been awarded by the City and executed by the parties. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Contract Documents. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City's performance is pursuant to the City's capacity as Owner. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purposes of this Contract, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the legislative body of the City of Miami, City Manager means the duly appointed chief administrative officer of the City of Miami. Community Small Business Enterprise ("CSBE") means a 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. CSBE is additionally referenced in Section 18-89 of the City Code and in these Contract Documents. Consultant means a firm that has entered into a separate agreement with the City for the provision of design/engineering services for a Project; and if applicable, means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Projects. Consultant may also be referred to as Architect or Engineer of Record. Contract means the Invitation to Bid (ITB) solicitation and the Bid documents that have been executed by the Bidder and the City subsequent to approval of award by the City Contractor means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this contract through the award of an ITB. Contract Documents means the Contract as may be amended from time to time, the plans and drawing, all addendum, clarifications, directives, change orders, payments and other such documents issued under or relating to the Project(s). Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. 15 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30132B Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. Consultant means the Architect or Engineer of Record contracted by the City to prepare the plans and specifications for the Projects. Consultant may also be referred to as Architect or Engineer of Record. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project(s) site(s) disturbed in performing such cure. Cure Period means the period of time in which the Contractor is required to remedy deficiencies in the Work or compliance with the Contract Documents after receipt of written notice to Cure from the City identifying the deficiencies and the time to Cure. Design Documents means the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared by the consultant for this Project(s) under a separate Agreement with the City. Director means the Director of the Department of Capital_ Improvements and Transportation or designee, who has the authority and responsibility for managing the Project(s) under this Agreement. Drawings means the graphic and pictorial portions of the Work, which serve to show the design, location and dimensions of the Work to be performed, including, without limitation, all notes, schedules and legends on such Drawings. Field Directive means a written approval for the Contractor to proceed with Work requested by the City or the consultant, which is minor in nature and should not involve additional cost. Final Completion means the date subsequent to the date of Substantial Completion at which time the Construction Manager has completed all the Work in accordance with the Agreement as certified by the architect or engineer of record or the City and submitted all documentation required by the Contract Documents. Guaranteed Maximum Cost means the sum established by these Contract Documents as the maximum cost to the City of performing the specified Work on the basis of the cost of labor and materials plus overhead expenses and profit. Inspector means an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. Local Workforce Participation Requirements shall 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) the Bidder/ Contractor will 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(s), or used or consumed in the performance of the Work. Notice of Award means the written letter to the Contractor notifying the Contractor that they have been awarded the Contract. Notice To Proceed means a written letter or directive issued by the Director or designee acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project(s). -- - --- — - - — --- --- - -- - 16 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 Plans and/or Drawings means the official graphic representations of a Project(s). Project Or Work as used herein refers to all reasonably necessary and inferable construction and services required by the Contract Documents whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the(its) obligations, including completion of the construction in accordance with the Drawings and Specifications. The Work may constitute the whole or a part of the Project(s). Project Manager means the individual assigned by CIP to manage the Project(s). Request For Information (RFI) means a request from the Contractor seeking an interpretation or clarification relative to the Contract Documents. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor's interpretation or understanding of the document(s) in question, along with the reason for such understanding. Risk Administrator means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Subcontractor means a person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. Submittal means documents prepared and submitted by the Bidder to pre -qualify under this solicitation. Substantial Completion means that point at which the Work is at a level of completion in substantial compliance with the Agreement such that the City can use, occupy and/or operate the facility in all respects to its intended purpose. Substantial Compliance shall not be deemed to have occurred until any and all governmental entities, which regulate or have jurisdiction over the Work, have inspected, and approved the Work. Beneficial use or occupancy shall not be the sole determining factor in determining whether Substantial Completion has been achieved, unless a temporary certificate of occupancy has been issued. Work means the completed construction required by the Contract Documents, including all labor necessary to produce such construction and all materials, supplies, and equipment incorporated or to be incorporated in such construction. 2. Time is of the Essence Contractor will promptly perform its duties under the Contract and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the Contract Documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the Contract Documents. All dates and periods of time set forth in the Contract Documents, including those for the commencement, prosecution, interim milestones, milestones, and completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the City. 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. 17 Coconut Grove Waterfront Masterplan ITB No.: 13.14-027 (Regatta Park) ® B-301828 In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, excusable Delays, the Contractor understands that, except and only to the extent provided otherwise in the Contract Documents, the occurrence of events of delay within the Contractor's control, the Work shall not excuse the Contractor from its obligation to achieve full completion of the Work within the Contract Documents Time, and shall not entitle the Contractor to an adjustment. All parties under the control or contract with the Contractor shall include but are not limited to material persons and laborers. The Contractor acknowledges that the City is purchasing the right to have the Contractor continuously working at the Project(s) site(s) for the full duration of the Project to ensure the timely completion of the Work. 3. Contract Term The Contract shall commence upon issuance of the Notice of Proceed, which shall be issued subsequent to the execution of the Contract by the City. The Contract shall terminate upon notice by the City that the Contract has been closed -out after final completion or otherwise terminated by the City pursuant to the terms and conditions herein set forth. The total bid amount shall be the Guaranteed Maximum Cost ("GMC") of the Project which means the maximum cost of the work including labor, materials, equipment, overhead expenses and profit. The City will not be liable for payment of any amount in excess of the GMC (unless, the City Commission has approved a project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term The total bid amount shall be the Guaranteed Maximum Cost ("GMC")is used in this Agreement, it shall have the same definition as GMC, defined above. 4. Notices Whenever either party desires to give Written Notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service.. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Mark Spanioli, P.B., Director Capital Improvements & Transportation Program City of Miami 444 S.W. 2nd Avenue; - 8t" Floor Miami, Florida 33130 Jeovanny Rodriguez, P.B., Assistant Director Capital Improvements & Transportation Program City of Miami 444 S.W. 2nd Avenue, - 8t" Floor Miami, Florida 33130 18 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B For Contractor: Jeovanni R. Tarafa, President J.R.T. Construction Co. 8857 NW 117th Street Hialeah Gardens, Florida 33018 During the Work, the Contractor shall maintain continuing communications with Consultant and the Project Manager. The Contractor shall keep the City fully informed as to the progress of the Project(s) at all times through ongoing communications with the Project Manager. The Contractor shall notify the Miami Police Department and Fire Department about the construction schedule(s). The Contractor is required to obtain a current list of contract persons and phone numbers from the City of Miami's Project Manager prior to Construction. The Contractor must notify residents living within 500 feet of the project in writing as least one week in advance prior to commencing work in the general area. 5. Priority of Provisions All work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications. The City of Miami 's Standards for design and construction as well as the Miami Dade County's Standards Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Contract Documents by reference and a term, statement, requirement, the specifications and plans prepared by the Consultant, or provision of the Contract Documents the following order of precedence shall apply: In the event of conflicts in the Contract Documents the priorities stated below shall govern; • Revisions to the Contract shall govern over the Contract • The Contract Documents shall govern over the Contract • Addendum to an ITB shall govern over a ITB In the event of conflicts within the Contract Documents the priorities stated below shall govern: • Scope of Work and Specifications shall govern over plans and drawings • Schedules, when identified as such shall govern over all other portions of the plans • Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise • Larger scale drawings shall govern over smaller scale drawings • Figured or numerical dimensions shall govern over dimensions obtained by scaling • Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern 6. Indemnification Contractor shall indemnify and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness , negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall, further, hold the City, its officials and employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting 19 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B from the permitted work or performance of'the Contract or the failure of the Contractor to comply with applicable laws, codes, rules, and regulations, or the permitting/approval requirements of any public agency having jurisdiction over the Work or the failure of the Contractor to comply with any term, provision or requirement of the Contract Documents, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the cancellation and the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub - Contractor, under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Contractor. 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. 77.11. Workers' Compensation insurance to apply for all employees in compliance with the Statutory "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: ■ Waiver of subrogation ■ Statutory State of Florida ■ Limits of Liability 77.22. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by an accident, each accident. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, each employee. One Million Dollars ($1,000,000.00) Dollars each bodily injury caused by disease, policy limit. 20 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B -30182B 77.33. Commercial General Liability (Primary & Non Contributory) (CG 2010 11185) (CGL) with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, with a general aggregate limit of Two Million Dollars ($2,000,000.00). Coverage must be afforded on a primary and non contributory basis and with a coverage form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ■ Products and/or Completed Operations for contracts with an Aggregate Limit of One Million Dollars ($1,000,000.00) per project. Contractor shall maintain in force until at least three years after completion of all Work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. ■ Personal and Advertising Injury with an aggregate limit of One Million Dollars ($1,000,000). ■ CGL Required Endorsements o Employees included as insured o Contingent Liability/Independent Contractors Coverage o Contractual Liability o Waver of Subrogation o Premises and/or Operations Liability o Explosion, Collapse and Underground Hazard o Loading and Unloading City is to be expressly included as an Additional Insured pursuant to endorsement number CG 2010 11/85 or its equivalence. 77®4. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ■ Owned Vehicles ■ Hired and Non -Owned Vehicles ■ Employers' Non -Ownership ■ Employees included as insureds ■ City of Miami as Additional Insured ■ Any Auto ■ Scheduled Autos 7®5. Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) ■ Bodily injury and property damage liability with limits of Five Million Dollars ($5,000,000) per occurrence, Five Million Dollars ($5,000,000) Aggregate. 21 Coconut Grove Waterfront Masterplan ITB No.: 13.14-027 (Regatta Park) v B -30182B Excess coverage over the policies as follows: ■ Commercial General Liability ■ Business Automobile Liability ■ Employer's Liability City shall be listed as an additional insured. 7.6. Installation Floater Causes of Loss: Special Form including Wind and Hail Valuation: Replacement Cost City of Miami included as an additional insured 5% Maximum on Wind A. Limit/Value at Location or Site: $'TBD Required for the installation of machinery and/or equipment into an existing structure is required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering City as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.7. Owners & Contractor's Protective Each Occurrence $1,000,000 General Aggregate $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. Notice of Cancellation and/or Restriction --The policy (ies) must be endorsed to provide City with at least thirty (30) days notice of cancellation and/or restriction. Contractor shall furnish to the Capital Improvement Program the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The official title of the Owner is the City of Miami, Florida. This official title shall be used in all insurance documentation, The City of Miami 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: Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Mersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 22 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 3 4 The Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). Performance and Payment Bond Where required by the Contract Documents or by Florida Statutes, the Contractor shall within fifteen (15) calendar days of being notified of award, furnish a Performance/Payment Bond ("Bond") containing all the provisions of the attached Performance/Payment forms. Each Bond shall be in the amount of one hundred percent (100%) of the Contract value guaranteeing to City the completion and performance of the Work covered in the Contract Documents as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project(s). Each Bond shall be with a Surety, which is qualified pursuant to Article 9, Qualification of Surety. Each Bond shall continue in effect for one year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract value, or an additional bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty work or materials which appear within one year after Final Completion of the Project(s). The City must be listed as an Obligee. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records and provide City with evidence of such recording. Alternate Form of Security: In lieu of a Performance/Payment Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000): Each Bond must be executed by a surety company with a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, 23 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor agrees that the Contractor will at all times employ, maintain and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor agrees to adjust staffing levels or to replace any staff personnel if so requested by the Project Manager, should the Project Manager make a determination that said staffing is unacceptable or that any individual is not performing in a manner consistent with the requirements for such a position. The Contractor represents that its staff personnel have the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the Project Manager and the Consultant. Any such specific requirements will be included in the Technical Specification portion of the ITB. The Contractor shall at all times cooperate with the City, or the Consultant and coordinate its respective Work efforts to most effectively and efficiently progress the performance of the Work. The City, the Consultant and other agencies authorized by the City, shall have full access to the Project(s) site(s) at all times. The Contractor shall be responsible for the good condition of the Work or materials until formal release from his obligations under the terms of the Contract Documents. Contractor shall bear all losses resulting to it on account of the amount or character of the Work, or the character of the ground, being different from what he anticipated. The Contractor shall at all times conduct the Work in such manner and in such sequence as will ensure the least practicable local interference. Contractor shall not open up Work to the prejudice of Work already started, and the Project Manager may require the Contractor to finish a section on which Work is in progress before Work is started on any additional section. Contractor is to take necessary precautions and use caution when working in or around overhead transmission lines and underground utilities. The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. 11. Method of Performing the Work If the Project Manager or Consultant reasonably determines the rate of progress of the Work is not such as to ensure its completion within the designated completion time, or if, in the opinion of the Project Manager or Consultant, the Contractor is not proceeding with the Work diligently or expeditiously or is not performing all or any part of the Work according to the Project schedule accepted by or determined by the Project Manager or Consultant, the Project Manager or the Consultant shall have+the right to order the Contractor to do either or both of the 24 Coconut Grove Waterfront Masterplan ITB No,: 13-14-027 (Regatta Park) — B-301828 following: (1) improve its work force; and/or (2) improve its performance in accordance with the schedule to ensure completion of the Project(s) within the specified time. The Contractor shall immediately comply with such orders at no additional cost to the City. (3) The City at its sole option may also have Work performed by a third party contractor and deduct such cost from any monies due the Contractor. Where materials are transported in the performance of the Work, vehicles shall not be loaded beyond the capacity recommended by the vehicle manufacturer or permitted by Federal, State or local law(s). When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged curbing, grass areas, sidewalks or other areas shall be repaired at the expense of the Contractor to the satisfaction of the Project Manager or Consultant. Contractor is responsible to control dust and prevent it from becoming a public nuisance or causing off-site damage. Contractor shall take all necessary and prudent measure to control dust. The Contractor shall furnish to the Project Manager and the Consultant a complete listing of 24- hour telephone numbers at which responsible representatives of the Contractor and all of the Contractor's Subcontractor can be reached should the need arise at any time. 12. Work Staging and Phasing The Work to be performed shall be done in such a manner so as not to interfere with the normal City operations of the Project site or facility. The manner in which the Work is performed shall be subject to the approval of the Project Manager or Consultant, whom if necessary, shall have the authority to require changes in the manner in which the Work is performed. There shall be no obstruction of City services without the prior written approval of the Project Manager or Consultant. All requests for such interruption or obstruction must be given in writing to the Project Manager or Consultant 24 hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the Project Manager and Consultant. As stated in Section 1, Paragraph 4, above, the City shall issue a separate Notice to Proceed to authorize the Contractor to commence the work on each Phase of the Project. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project(s) site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in this Contract Documents. Contractor should examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during 25 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project(s) site(s) will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports the Contractor shall notify the City and this Contract Documents amount may be adjusted up or down depending on the conditions. 14. Contractor to Check Plans, Specifications and Data Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Project Manager or Consultant as part of a Contract Documents, and shall notify the Project Manager and the Consultant of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be 'furnished by the Project Manager or by Consultant. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to Project Manager or Consultant, 15. Contractor's Responsibility for Damages and Accidents Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Contractor shall accept full responsibility for Work against all losses or damages of whatever nature sustained until Final Acceptance by City, and shall promptly repair or replace, at no additional cost to the City, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re-soded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Fences - Any fence, or part thereof, that is damaged or removed during the course of the work shall be replaced or repaired by the Contractor, and shall be left in as good of a condition as before the starting of the work. Where fencing, walls, shrubbery, grass strips or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of the work, replace or restore to the original condition all such destroyed or damaged landscaping and improvements. 16. Accidents The Contractor shall provide such equipment and facilities as are necessary or required, in the case of accidents, for first aid service to person who may be injured during the Project(s) duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Project Manager and Consultant every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. 26 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 17. Safetv Precautions Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: All employees on the Project(s) site(s) and other persons who may be affected thereby; All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Contractor shall designate a responsible member of its organization at the Project(s) site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Project Manager. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager or Consultant has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. if hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the notify the Project Manager and Consultant of each and every should also recommend any appropriate course(s) of action to Consultant. Contractor must immediately occurrence. The Contractor the Project Manager and the 27 Coconut Grove Waterfront IMasterplan ITB No.: 13-14-027 (Regatta Park) — B-301028 18. Occupational Health and Safety In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F- 41.03 of the Florida Administrative Code delivered as a result of a Project must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: • The chemical name and the common name of the substance. • The hazards or other risks in the use of the substance, including: o The potential for fire, explosion, corrosion, and reaction; o The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the substance; and o The primary routes of entry and symptoms of overexposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the substances, including appropriate emergency treatment in case of overexposure. • The emergency procedure for spills, fire, disposal, and first aid. • A description in lay terms of the known specific potential health risks posed by the substance intended to alert any person reading this information. • The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 19. Labor and Materials Unless otherwise provided herein, Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and shall not employ on the Project(s) any unfit person or anyone not skilled in the Work to which they are assigned. 20. Rules, Regulations and Licenses The successful Contractor shall comply with all laws and regulations applicable to provision of services specified in the Contract Documents. The Contractor shall be familiar with all federal, state and local laws that may in affect the 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(s) to be performed under the Contract Documents. The Contract Documents will state that an City's representative has been contracted with for the management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 24, Authority of the Project Manager, of the General Terms and Conditions. On the basis of the on-site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. 28 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) -- B -30132B The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance such documentation will be forwarded to the Project Manager. The Project Manager in conjunction with the Consultant will approve Schedules of Values, Project Schedules, subcontractors and invoices. The City may contract for additional consultant services, including but not limited to construction examination and observation services. Such services are intended to be additional services and are not intended to and shall not be construed to supplant or alter the role and responsibilities of the Consultant. In case of the termination of employment of the Consultant, the City may, at its sole discretion, appoint another Consultant, whose status under the Contract shall be as that of the former Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents, Project Management shall include, but is not limited to: obtaining bids from subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given through Consultant or Project Manager, which instructions are to be strictly and promptly followed in every case. Contractor shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to Project Manager or Consultant. The superintendent shall not be changed except with the written consent of Project Manager or Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by Project Manager or Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. The Project Manager and the Consultant shall be provided telephone number(s) for the superintendent where the superintendent can be contacted during normal working hours as well as after hours for emergencies. On Projects in excess on thirty (30) calendar days the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and subcontractors at the Project(s) site(s); visitors to the Project site, including representatives of the City, Consultant, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s) and shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor and Consultant shall meet at least every two (2)weeks or as otherwise determined by the Project Manager, during the course of the Work to review and 29 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Plans, it shall be the Contractor's duty to immediately inform Project Manager and Consultant, in writing, and Project Manager or Consultant, will promptly review the same. Any Work done after such discovery, until authorized, will be done at Contractor's sole risk. Contractor shall supervise and direct the Work competently and 'efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. All Work, including trade Work shall be performed and supervised by persons properly licensed for the Work being performed. 24. Authority of the Project Manager The Director hereby authorizes the Project Manager or the Consultant designated in the Contract Documents to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to or on account of the Work, and questions as to the interpretation of the Work to be performed under this Contract Documents. The Contractor shall be bound by all determinations or orders of the Project Manager and/or Consultant and shall promptly respond to requests of the Project Manager and/or Consultant, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's and/or Consultant's determination or requests. Where requests are made orally, the Project Manage and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing. All instructions to the Contractor shall be issued through the Director, Project Manager or the Consultant. The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times. The Contractor shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager and Consultant will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. 30 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work Consultant, Inspectors, and City shall at all times have access to the Work during normal work hours, and Contractor shall provide proper facilities for such access and for inspecting, measuring and testing. Should the Contract Documents, Consultant/Inspector Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give Project Manager and Consultant timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than City, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of Project Manager or Consultant, it must, if required by the Project Manager or Consultant, be uncovered for examination and properly restored at Contractor's expense. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with the City's testing laboratory or entity. The Contractor shall give the City and the Consultant timely notice of when and where tests and inspections are to be made so that the City or Consultant may be present for such procedures. Re-examination of any of the Work may be ordered by the Project Manager or Consultant, and if so ordered, the Work must be uncovered by Contractor. If such Work is found to be in accordance with the Contract Documents, City shall pay the cost of reexamination and replacement by means of a Change Order.. If such Work is not in accordance with the Contract Documents, Contractor shall pay such cost. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of the Contract Documents or to delay the Work by failure to inspect the materials and Work with reasonable promptness without the written permission or instruction of Project Manager or Consultants. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited, and any such act on the part of the Contractor will constitute a breach of this Contract. 26. Taxes Contractor shall pay all applicable sales, consumer, use and any other taxes required by law, rule or regulation. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27o Separate Contracts Prior to the commencement of the Work the Project Manager or the Consultant will notify the Contractor of all ongoing projects or projects scheduled to commence during the Work that may 31 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30132B require coordination. The Contractor shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The Consultant and the Project Manager will assist the Contractor in coordinating the Work. However, the sole responsibility for coordination rests with the Contractor. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect .and promptly report to Project Manager and Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall at once report to Project Manager and Consultant any discrepancy between the executed Work and the requirements of the Contract Documents. 28. Lands of Work City shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by City for the use of Contractor. Contractor shall provide, at Contractor's own expense and without liability to City, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. Contractor shall furnish to City copies of written permission obtained by Contractor from the owners of such facilities. 29. Coordination of Work The Project Site(s) may be occupied and may operate on a twenty-four hour seven day a week schedule. Contractor shall ensure that the performance of the Work does not impact any ongoing operations at Project(s) site(s), which also includes the delivery of any materials and equipment. Access to and egress from the Project Site(s) shall be coordinated with the Project Manager and the Consultant to minimize interference to regular and emergency operations of the facility. Contractor may be required to coordinate the Work with other contractors performing work at the Project(s) site. 30. Differing Site Conditions In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project(s) site(s) which differ materially from those shown in the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project(s) site(s), of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor, without disturbing the conditions and before performing any Work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify the Project Manager and Consultant in writing of the existence of the aforesaid conditions. Project Manager and the Consultant shall, within two (2) business days after receipt of Contractor's 32 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B written notice, investigate the site conditions identified by Contractor. If, in the sole opinion of Project Manager or the Consultant, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, Project Manager or Consultant shall recommend an equitable adjustment to the Contract Documents Price or Contract Documents Time, or both. If the Project Manager and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to the Director for determination. Should the Director determine that the conditions of the Project(s) site(s) are not so materially different to justify a change in the terms of the Contract Documents, the Director shall so notify the Project Manager, Consultant, and Contractor in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by Contractor for an equitable adjustment to the Contract Documents under this provision shall be allowed unless Contractor has given written notice and otherwise fully documented altering site conditions in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract price or Contract time for differing site conditions shall be allowed if made after the date certified by Consultant or Project Manager as the date of substantial completion. 31. Existing Utilities Known utilities and structures adjacent to or encountered in the Work will be shown on the Drawings. The locations shown are taken from existing records and the best information available from existing plans and utility investigations; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the City for their accuracy or completeness. No request for additional compensation or contract time resulting from encountering utilities not shown will be considered. The Contractor shall explore sufficiently ahead of the Work to allow time for any necessary adjustments The Contractor must coordinate all underground utility locations through "Sunshine State One Call of Florida, Inc", who shall be contacted a minimum of 48 hours before the Contractor commences any digging. The Contractor is responsible for removing all utility markings once the work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least 48 hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. 33 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B-301828 In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor's expense, any existing utilities damaged during the Work 33. Interfering Structures An attempt has been made to show major structures on the furnished Drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and is presented as a guide. The Contractor shall field verify all locations. Contractor shall coordinate with any affected companies, including utility companies and take necessary precautions to prevent damage to existing structures whether on the surface, above ground, or underground, including have the owner of the interfering structures place temporary supports. 34. Field Relocation During the process of the Work, it is expected that minor relocations of the Work may be necessary. Such relocations shall be made only by the direction of the Project Manager or Consultant at the Contractor's expense. If existing structures are encountered that will prevent construction as shown, the Contractor shall notify the Project Manager or Consultant before continuing with the Work in order that the Project Manager or Consultant may make such field revisions as necessary to avoid conflict with the existing structures. Where the Contractor fails to notify the Project Manager or Consultant when an existing structure is encountered, and proceeds with the Work despite this interference, the Contractor does so at his own risk. 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project(s) site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor at his sole discretion based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project Site(s) may remain in operation during the Work. • The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted by the Project Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the specified areas; conform to Project(s) site(s) rules and regulations affecting the Work. 34 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B o Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager. o Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the Project Manager. 36. Warranty of Materials and Eguipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and Contract/Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handlinq, Storage and Protection Preparation for Shipment When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, handling, and storage. Ship in boxes that are marked to indicate the contents. Delivery of spare parts and special tools shall be made prior to the time associated equipment is scheduled for the initial test run. Shipment All equipment and material shall be shipped with freight and shipping paid, FOB job site. The Contractor shall request a 7 -day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. 35 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 Receiving The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage. If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling Equipment and materials received for installation on the Project(s) shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Storage Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City Provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shall be cleaned, hauled, and stored by the Contractor at his own expense, where directed by the Project Manager or Consultant, and shall remain the property of the City. All other material shall be disposed of by the Contractor at his own expense. 38. Manufacturer's Instructions The Contractor shall: 36 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 Comply with manufacturer's requirements for the handling, delivery and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents including the Contract Documents. Inspect each item of material or equipment immediately prior to installation and reject damaged and defective items. Provide attachment and connection devices and methods for securing the Work; secure Work true to line plumb and level, and within recognized industry standards; allow for expansion and building movement; provide uniform joint width in exposed Work; arrange joints in exposed Work to obtain the best visual effect and refer questionable visual effect choices to the Consultant for final decision when applicable to the Work. Recheck measurements and dimensions of the Work, as an integral step in starting each portion of the Work. Install each unit or section of Work during favorable weather conditions, which shall ensure the best possible results in coordination with the entire Project(s) and isolate each unit of Work from incompatible Work as necessary to prevent potential interference among each section and/or deterioration of equipment. Coordinate enclosure of the Work, which requires inspections and tests so as to minimize the necessity of uncovering Work `for that purpose. When required by the Contract Documents or the manufacturer, a qualified representative shall be present to observe field conditions, conditions of surface and installation, quality of workmanship, and applications. Manufacturer's representative shall provide the Contractor and the Project Manager or Consultant a written report of field observations. 39. Manufacturer's Warranty Contractor shall provide all manufacturers' warranties. All warranties, expressed and/or implied, shall be made available to the City for material and equipment covered by this Contract Documents. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Contract Documents may supersede the manufacturer's standard warranty. Manufacturer's warranties will become effective upon Final Acceptance of the Project(s). 40. Reference Standards Reference to the standards of any technical society, organization or body shall be construed to mean the latest standard adopted and published at the date of request for qualifications, even though reference may have been made to an earlier standard. Such reference is hereby made a part of the Contract Documents the same as if herein repeated in full and in the event of any conflict between any of these standards and those specified, the most stringent shall govern unless otherwise stated. 41. Submittals Contractor shall check and approve all shop drawing, samples, product data, schedule of values, and any and all other submittals to make sure they comply with the Contract Documents prior to submission to the Project Manager or Consultant. 37 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B Contractor by approving and submitting any submittals, represents that they have verified the .accuracy of the submittals, and they have verified all of the submittal information and documentation with the requirements of the Contract Documents. At time of submission the Contractor shall advise the Project Manager and Consultant in writing of any deviations from the Contract Documents. Failure of the Contractor to advise the Project Manager or Consultant of any deviations shall make the Contractor solely responsible for any costs incurred to correct, add or modify any portion of the Work to comply with the Contract Documents. Each shop drawing submittal shall contain a title block containing the following information: • Number and title of drawing, including Contract title and Number • Date of drawing and revisions • Name of Contractor and Subcontractor (if any) submitting drawings • Name of Project, Building or Facility • Specification Section title and number • Contractor's Stamp of approval, signed by the Contractor or his checker • Space above the title block for Project Manager' or Consultant's action stamp • Submittal or re -submittal number (whether first, second, third, etc.) • Date of submittal Contractor shall sign, in the proper block, each sheet of shop drawing and data and each sample label to certify compliance with the requirements of the Contract Documents. Shop drawing submitted without the stamp and signature shall be rejected and it will be considered that the Contractor has not complied with the requirements of the Contract Documents. Contractor shall bear the risk of any delays that may occur as a result of such rejection. City shall not be liable for any materials, fabrication of products or_Work -_commenced -that_ requires submittals until the Project Manager or Consultant has returned approved submittals to the Contractor. Project Manager or Consultant shall make every effort to review submittals within fourteen (14) calendar days from the date of receipt by the Project Manager or Consultant. Project Manager or Consultant's review shall only be for conformance with design concepts and the information provided in the Contract Documents. The approval of a separate item shall not constitute approval of an assembly in which the item functions. The Project Manager or Consultant shall return the shop drawings to the Contractor for their use and distribution. Acceptance of any submittal shall not relieve the Contractor of any responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has given written notice to the Project Manager or Consultant of the specific deviations and the Consultant have issued written approval of such deviations. By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that all materials, field measurements and field construction criteria related thereto have been verified, checked and coordinated with the requirements of the Work and have been verified, checked and coordinated with this Contract Documents. Contractor shall be responsible for the distribution of all shop drawings, copies of product data and samples, which bear the Project Manager's or Consultant's stamp of approval. Distribution shall include, but not be limited to job site file, record documents file, Subcontractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. 38 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the Project Manager's or Consultant's acceptance thereof. The Contractor warrants the adequacy for the purpose intended of any shop drawings or portion of a shop drawing that alters, modifies or adds to the requirements of the Contract Documents. Nothing in the Project Manager's or Consultant's review of Shop Drawings, Submittals and Samples shall be construed as authorizing additional work or increased cost to the City. Section 01340 contains additional requirements for submittals. Where a conflict exists between the submittal requirements of the General Terms and Conditions and the Technical Specifications, the Technical Specifications shall prevail. 42. Shop Drawings Contractor shall submit Shop Drawings as required by the Contract Documents. The purpose of the Shop Drawings is to show, in detail, the suitability, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of its compliance or noncompliance with this Contract Documents. Within five (5) calendar days after City's award of the Contract, Contractor shall submit to Project Manager or Consultant a complete list and submittal log of items for which Shop Drawings are to be submitted and shall identify the critical items and all submittal dates. Approval of this list by Project Manager or Consultant shall in no way relieve the Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. After the approval of the list of items required in above, Contractor shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. Contractor shall thoroughly review and check the Shop Drawings and each and every copy shall show its approval thereon.. Some shop drawings as either denoted in the Contract Documents or by the Florida Building Code (Code) or Florida Statute such as structural drawings, require that they be prepared by a licensed engineer, It is the sole responsibility of the Contractor to ensure that the Shop Drawings meet all Code requirements. In addition to all shop drawings required by the Contract Documents the Contractor must provided shop drawings for; all drainage structures including catch basins, drainage pipe, ballast rock, and exfiltration trench filter fabric. If the Shop Drawings show or indicate departures from the Contract Documents, Contractor shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve Contractor from its responsibility to comply with the Contract and Documents. Project Manager or Consultant shall review and accept or reject with comments, Shop Drawings within fourteen (14) calendar days from the date received. -Project Manager's or Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or Work required by the Contract Documents and not indicated on the Shop Drawings. No Work called for by Shop Drawings shall be performed until said Shop Drawings have been approved by Project Manager and/or Consultant. Approval shall not relieve Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's 39 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Project Manager and/or Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. The minimum size for shop drawings shall be 11" X 17". Each shop drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the shop drawing numbers of related work. Shop drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections with other work, cutting, fitting, drilling and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, the Project Manager and/or Consultant are entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or Consultant's approval at the job site at all times. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options and other data. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information and operating and maintenance manuals at 50% completion of construction. 44. Samples Contractor shall submit samples to illustrate the functional characteristics of the product(s). Submittals shall be coordinated for different categories of interfacing Work. Contractor shall include identification on each sample and provide full information. 45. Record Set Contractor shall maintain in a safe place at the Project(s) site(s) one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, shop drawings, amendments, Change Orders, RFIs, and Field Directives, as well as all written interpretations and clarifications issued by the Project Manager or Consultant, in good order and annotated to show all changes made during construction. The record documents shall be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Construction Change Directives, and Field Directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a 40 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The record documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the Project. Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files. 46. Supplemental Drawings and Instructions The Project Manager or Consultant shall have the right to approve and issue supplemental instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Documents Price or this Contract Documents Time. Project Manager or Consultant shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds; all of which shall be considered as part of the Contract Documents. In case of disagreement between the written and graphic portions of the Contract Documents, the written portion shall govern. 47. Contractor Furnished Drawings A Contract Documents may require the Contractor to furnish design, shop and/or as -built drawings depending on the nature and scope of the Work to be performed. The following applies to the different types of drawings. The Project Manager and/or Consultant shall, after review of the drawings, initial and mark the drawings in one of the following manners: 1. ACCEPTED - No correction required. 2. PROCEED AS CORRECTED - Minor changes or corrections identified. Work can proceed subject to re -submittal and acceptance of the drawings. 3. REVISE AND RESUBMIT Significant changes or corrections are recommended. Submittal must be revised and resubmitted for acceptance prior to Work proceeding. 4. REJECTED - Not in accordance with the Contract and/or Contract Documents due to excessive changes or corrections or other justifiable reason. Drawings must be corrected and resubmitted prior to any Work being performed. Revisions required by the permitting jurisdiction must also be reviewed and accepted by the Project Manager or Consultant prior to resubmission to the permitting agency. Acceptance by the City shall not relieve the Contractor from responsibility for errors and omissions in the drawings. 48. Substitutions Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Consultant sufficient information is submitted by Contractor to allow City and Consultant to determine that the material or equipment proposed is equivalent or equal to that 41 Coconut Grove Waterfront Masterplan ITB No.: 13-14.027 (Regatta Park) — B-301828 named. Requests for review of substitute items of material and equipment will not be accepted by City and Architect or Engineer of Record from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Consultant for acceptance thereof, certifying that the proposed substitute shall perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Consultant in evaluating the proposed substitute. The Consultant may require the Contractor to furnish at Contractor's expense additional data about the proposed substitute. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the Consultant, if the Contractor submits sufficient information to allow the Architect or Engineer of Record to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Consultant shall be the same as those provided herein for substitute materials and equipment. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The Consultant and the City shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed or utilized without the City's and the Consultant's prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The City and the Consultant may require the Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the Consultant rejects the proposed substitute, at their discretion, the City may require the Contractor to reimburse the City for the charges of the Consultant for evaluating the proposed substitute. Contractor shall maintain sole liability and responsibility for ensuring that all substitutions and any required design of such are in full compliance with and meet all the requirements of the Contract Documents. 49. City Furnished Drawings The City, at its sole discretion, may furnish design drawings. It shall be the sole responsibility of the Contractor to bring to the immediate attention of the Project Manager and the Consultant any discrepancies between the drawings and existing conditions, excluding hidden or unforeseen conditions, discovered prior to commencing and during the Work. The Contractor shall be solely responsible for verifying the accuracy of the drawings prior to commencing the Work, and shall be responsible for any errors or revisions of the Work, which might have been avoided by notifying the City prior to commencement. This shall also apply to any revisions or omissions identified by the Contractor. The Contractor shall submit all requests for information entitled Request for Information (RFI). The City shall respond to all RFI's in writing. 42 Coconut Grove Waterfront Masterplan ITB No.: 13-14.027 (Regatta Park) — B -30182B The Contractor shall have no basis for any claim for additional costs resulting from their failure to identify any required revisions, omissions and/or errors, not identified in writing to the Project Manager or Consultant prior to commencing the Work. The drawings are to be addressed as a complete set and should not be used in parts. Contractor is responsible to coordinate the set of drawings with all trades to ensure that the Work will be performed correctly and coordinated among the trades. Contractor shall not scale the drawings. 50. Interpretation of Drawings and Documents Drawings and specifications are intended to be consistent, be mutually explanatory, and should be used together and not separately. During the performance of the Project(s), should any errors, omissions, conflicts, ambiguities or discrepancies be found in the drawings and/or specifications, the Project Manager or the Consultant will clarify in writing the intent of the drawings and/or specifications and the Contractor agrees to abide by the Project Manager's or Consultants interpretation and perform the Work in accordance with the decision of the Project Manager or the Consultant. In such event, the Contractor will be held to have included in its Contract Price the best materials suitable for the purpose and/or methods of construction. 51. Product and Material Testing All tests shall be performed by the Contractor, except where otherwise specifically stated in the Contract Documents. All costs for testing performed by the Contractor shall be at the Contractor's expense. The City may, in its sole and absolute discretion, test materials and products at its own cost. However, should such materials or products fail to pass the test and/or meet the requirements of the Contract Documents, the Contractor shall reimburse the City for the cost of such tests and repair or replace said materials or products. In such instances the City may deduct such cost from any payments pending to the Contractor. 52. Field Directives The Project Manager or Consultant may at times issue field directives to the Contractor based on visits to the Project(s) Site(s). Such Field Directives shall be issued in writing and the Contractor shall be required to comply with the directive. Where the Contractor believes that the directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the Project Manager or Consultant that the work is outside the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a change to the Contract. Where the Contractor is notified of the City's position that the Work is within the scope and the Contractor disagrees, the Contractor shall notify the Project Manager or Consultant that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Contract. 53. Changes in the Work or Contract Documents Without invalidating the Contract Documents and without notice to any Surety, City reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete fully and acceptably the proposed construction of a Project in a satisfactory manner. Any extra or additional Work within the scope of the Project(s) must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 43 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto. This section shall not prohibit the issuance of Change Orders executed only by City. 54. Continuing the Work Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with City, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract price or Contract time for completion. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 55. Change Orders Changes in the quantity or character of the Work within the scope of the Project(s) which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the City. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, City reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to the Director as set forth in Article 88, Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proce2ed with the change in the Work involved and advise the Project Manager, Consultant, and Director in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract and which are within the general scope of the Contract Documents. Any such changes will be known as Extra Work. No Extra Work shall be performed except pursuant to written orders of the Project Manager or Consultant expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the Project Manager or Consultant may direct, order or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the Project Manager stating why he deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the Project Manager to keep an accurate record of materials, labor and other items involved; and (3) affording an opportunity to the City to take such action as it may deem advisable in light of such disputed Work. 44 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30132B 56. Change Order Procedure Extra Work shall result in an equitable adjustment (increase or decrease) to the Contract representing the reasonable cost or the reasonable financial savings related to the change in Work. Extra Work may also result in an equitable adjustment in the Contract schedule for performance for both the Extra Work and any other Work affected by the Extra Work. The City shall initiate the Extra Work procedure by a notice to Contractor outlining the proposed Extra Work. Upon receipt of the notice to proceed with the Extra Work, the Contractor is required to immediately start the Extra Work. The Contractor is required to obtain permission for an extension to start the Extra Work if it is beyond the Contractor's ability to start within the allotted timeframe. The Contractor is required to provide the Project Manager with a detailed Change Proposal Request which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project(s). if the Contractor fails to notify the Project Manager or Consultant of the schedule changes associated with the Extra Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten (10%) percent of the direct labor and material costs, unless the Project Manager determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time the Contractor shall, within five (5) business days submit a revised Project schedule reflecting the changes against the baseline schedule. 57. No Oral Changes 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. 45 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B -30182B1 On the basis of the "cost of Work," determined as provided in this, plus a Contractor's fee for overhead and profit which is determined as provided in this Article. The term "cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the Project Manager, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in herein. Payroll costs for employees in the direct employ of Contractor in the performance of the Work described in the Change Proposal Request under schedules of job classifications agreed upon by Project Manager and Contractor. Payroll costs for employees not employed full time on the Work covered by the Change Proposal Request shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the Work after regular working hours, on Sunday or legal holidays shall be included in the above to the extent authorized by City. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to City and Contractor shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City with the advice of Consultant and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. If required by the City, Contractor shall obtain competitive bids for the Change Order Work. Contractor and shall deliver such competitive bids to the City who will determine which bids will be accepted. If the Subcontractor is to be paid on the basis of cost of the Work plus a fee, the Subcontractor's cost of the Work shall be determined in the same manner as Contractor's cost of the Work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. The term "cost of the Work" shall include any of the following: • 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 46 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B less market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. • Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. • The cost of utilities, fuel and sanitary facilities at the site. • Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. • Cost of premiums for additional bonds and insurance required because of changes in the Work. The term "cost of the Work" shall not include any of the following: ■ Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, consultants, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the agreed-upon schedule of job classifications., all of which are to be considered administrative costs covered by Contractor's fee. • Expenses of Contractor's principal and branch offices other than Contractor's office at the site. ■ Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ■ Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the Work. ■ Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. ■ Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: ■ A mutually acceptable fixed fee or if none can be agreed upon, ■ A fee based on the following percentages of the various portions of the cost of the Work: ■ Where the Contractor self -performs the Work, Contractor's fee shall not exceed ten percent (10%). ■ Where a sub -contractor performs the Work, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and ■ No fee shall be payable for special consultants or supplemental costs. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on 47 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any Work is to be determined pursuant to this Article, Contractor will submit in a form acceptable to Project Manager or Consultant an itemized cost breakdown together with the supporting data. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost estimate acceptable to the Project Manager or Consultant. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. Whenever a change involves Contractor and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for Contractor and each Subcontractor shall be itemized separately. Each Change Order must state within the body of the Change Proposal Request whether it is based upon unit price, negotiated lump sum, or "cost of the Work." 59. Extra Work Directive If the parties fail to reach agreement with respect to the proposed Extra Work, or in case or extenuating circumstances, the City may nevertheless issue a directive to the Contractor to do the proposed Extra Work. Immediately upon receipt of the Extra Work Directive, the Contractor shall be obligated to proceed with the Work set forth in that directive. Except as provided below, the Contractor shall be entitled to initiate a dispute pursuant to the Article 88, Resolution of Disputes, by furnishing a written statement to the Project Manager within five (5) days of the Extra Work Directive, based upon any aspect, of such Extra Work which the Contractor disputes. Such dispute must relate to specific matters raised or specific matters reserved by the Contractor in its proposal and have not been resolved prior to the issuance of the Extra Work Directive. The written statement must set forth all details of the Contractor's claim including the manner that the disputed item was specified in the Contractor's proposal. During the pendency of any dispute hereunder, the Contractor must proceed with Work as set forth in the Extra Work Directive unless otherwise advised by the Project Manager's written instructions. In the event there is a dispute as to price, the Contractor will be paid in accordance with the following paragraph. This payment(s) will be in full satisfaction of the Contractor's claim for an adjustment to the value of the Contract. Compensation for Extra Work in the event of the parties' inability to agree upon a mutually satisfactory price shall be as follows: ■ No payment will be made to the Contractor for Extra Work in excess of "Actual and Necessary Cost" which is to say time and materials plus a mark-up not to exceed 10%. This will not vary, whether the Extra Work is performed by the Contractor or his subcontractor. Any exceptions must be approved by the Project Manager. "Actual and Necessary Net Cost" shall be deemed to include the actual and necessary cost of the Extra Work for (i) labor, which includes wages, payroll deductions, if any, made by the Contractor as employer pursuant to bona fide collective bargaining labor agreements applicable to the Work; (ii) contributions to the State Unemployment 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 48 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B for the same (including small power tools), as determined by the Project Manager; and (vi) any additional materials necessary for the performance of the Extra Work. In case any Work or materials shall be required to be done or furnished under the provisions of this Article, the Contractor shall at the end of each day furnish to the City such documentation as the City may require to support all the costs of the Extra Work. If payments on account are desired as the Extra Work progresses, the Contractor shall render an itemized statement showing the total amount expended for each class of labor and for each kind of material on account of each item of Work as a condition precedent to the inclusion of such payment in a partial estimate. Upon the request of the City, the Contractor shall produce for audit by the City, books, vouchers, collective bargaining labor agreements, records or other documents showing the actual cost for labor and materials. Such documents shall not be binding on the City. The Project Manager shall determine any questions or dispute as to the correct cost of such labor or materials or plant. In case the Contractor is ordered to perform Work under this Article, which in the opinion of the Project Manager, it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Project Manager, be paid the actual cost to Contractor of such Work, and in addition thereto five (5%) percent to cover the Contractor's superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City. 60. As -Built Drawings During the Work, Contractor shall maintain records of all deviations from the Drawings and Specifications as approved by the Project Manager or Consultant and prepare two copies of As - Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the Work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Drawings for errors and omissions prior to submittal to the City and certify in writing that the As -Built Drawings are correct and accurate, including the actual location of all internal piping, electrical/signal conduits in or below the concrete floor. Indicate the size, depth and voltage in each conduit. Legibly mark to record actual construction: On-site structures and site Work as follows: • Depths of various elements of foundation in relation to finish first floor datum. • All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. • Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. • Field changes in dimensions and details. • Changes made by Project Manager's or Consultant's written instructions or by Change Order. • Details not on original Contract Drawings. • Equipment, conduit, electrical panel locations. • Project Manager's or Consultant's schedule changes according to Contractor's records and shop drawings. Specifications and Addenda: Legibly mark each section to record: 49 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 ® Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. • Changes made by Project Manager's or Consultant's written instructions or by Change Order. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. As -built documents shall be updated monthly as a condition precedent to payment. For construction of new building, or building additions, field improvements, and or roadway improvements as -built drawings signed and sealed by a Florida licensed Registered Land Surveyor. In addition, for projects which involve roadwork and drainage, Contractor shall provide complete as -built information relative to location, size, and depth of new pipes, manholes, inlets, etc. Identify grading; include locations of fittings, valves, fire hydrants, changing in pipe materials, water sampling points, thrust blocks, benchmarks, etc. The information shall be accurately recorded by the Contractor and submitted (signed and sealed by a Florida Certified P.L.S.) to the City of Miami prior final acceptance of the Work. All recorded information on existing utility crossing encountered during construction, included but not limited to pipes, inlets, manholes, etc., shall be recorded by Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets, manholes, etc.) 61. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Sub -Contractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents, The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List & Final Completion The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the Project Manager or Consultant inspect the Work to determine if 50 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B -30182B Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or Completion or a Temporary Certificate of Occupancy or any other approvals from agencies having jurisdiction over the Work. The Project Manager or Consultant shall schedule the date and time for any inspection and notify the Contractor and any other parties deemed necessary. During this inspection, the Project Substantial Completion Inspection Form will be completed as necessary. Any remaining Construction Work shall be identified on this form and shall be known as Punch List Work. The Punch List shall be signed by the Project Manager and/or Consultant, and the Contractor confirming that the Punch List contains the item(s) necessary to complete the Work. The failure or refusal of the Contractor to sign the Project Substantial Completion Inspection Form or Punch List shall not relieve the Contractor from complying with the findings of the Project Substantial Completion Inspection and completing the Project to the satisfaction of the City Where the Punch List is limited to minor omissions and defects, the Project Manager shall indicate that the Work is substantially complete subject to completion of the Punch List. Where the Project Manager or Consultant determines, on the appropriate form that the Work is not substantially complete, the Project Manager or Consultant shall provide a list of all open items necessary to achieve Substantial Completion. Upon completion of such Work, the Contractor shall request another Substantial Completion inspection. The Project Manager or Consultant, and the Contractor shall agree on the time reasonably required to complete all remaining Work included in the Punch List. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager or Consultant shall notify the Contractor in writing of the closeout of the Project. The City will prepare a Certificate of Substantial Completion in the form which shall establish the Date of Substantial Completion. Once substantial completion is achieved the City shall be responsible for security, maintenance, heat, utilities, damage to the Project site, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective Work on such list does not alter the responsibility of Contractor to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Final Acceptance completion of the Work or designated portion thereof unless otherwise provided in the Contract Documents. 64. Acceptance and Final Payment Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for Payment shall be issued by Project Manager, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to the Project Manager or Consultant a final release of all liens arising out of the Contract Documents, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as -built drawings; operations and maintenance data, and the final bill of materials, if required, and payment application. Contractor shall deliver 51 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B 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 Project Manager or Consultant so certifies, City shall, upon such certification of Consultant, and without terminating the Contract Documents, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Contract and identified by Contractor as unsettled at the time of the application for final payment. 65. NDPES Requirements Contractor shall comply with the State of Florida rules and regulations for the National Pollutant Discharge Elimination System (NPDES) including but not limited to all permitting, Notices of Intent, and the Storm Water Pollution Prevention Plan (SWPPP). All costs for NPDES and SWPPP shall be included in the Bid prices. For further information on compliance requirements for NPDES and SWPPP contact the City of Miami Public Works Department at (305) 416-1200 or visit the State of Florida website at http://www.dep.state.fl.us/waterlstormwater/npdes/. Contractor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. 66. Force Majeure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under the Contract Documents due to a force majeure condition, the Contractor shall request a time extension from the City within two (2) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. Do Not Include inclement weather except as permitted by Florida law and may not include the acts or omissions of Sub- contractors. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Sub -Contractors, whether or not in privities of contract with the Contractor for the purpose of this article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; • The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; 52 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B ® The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay. Note: A delay meeting all the conditions of the above, shall be deemed an Excusable Delay. The City reserves the right to rescind or shorten any extension previously granted if subsequently, the Project Manager determines that any information provided by the Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an Excusable Delay. Notwithstanding the above, the Project Manager will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor. The request for an Excusable Delay shall be made within ten (10) calendar days after the time when the Contractor knows or should have known of any cause for which it may claim an extension of time and shall provide any actual or potential basis for an extension of time, identifying such causes and describing, as fully as practicable at that time, the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. The Project Manager may require the Contractor to furnish such additional information or documentation, as the Project Manager shall reasonably deem necessary or helpful in considering the requested extension. The Contractor shall not be entitled to an extension of time unless the Contractor affirmatively demonstrates that it is entitled to such extension. The Project Manager shall endeavor to review and respond to the Contractor's request for Excusable Delays in a reasonable period of time; however, the Contractor shall be obligated to continue to perform the Work required regardless of whether the Project Manager has issued a decision or whether the Contractor agrees or disagrees with that decision. With regard to an injunction, strike or interference of public origin which may delay the Project, the Contractor shall promptly give the Project Manager a copy of the injunction or other orders and copies of the papers upon which the same shall have been granted. The City shall be afforded the right to intervene and become a party to any suit or proceeding in which any such injunction shall be obtained and move to dissolve the same or otherwise, as the City may deem proper. The permitting of the Contractor to proceed with the Work subsequent to the date specified in the Contract (as such date may have been extended by a change order), the making of any payment to the Contractor, the issuance of any Change Order, shall not waiver the City's rights under the Contract, including but not limited to the assessment of liquidated damages or declaring Contractor in default. 68. Notification of Claim Any claim for a change in the Contract Time or Contract Price shall be made by written notice by Contractor to the Project Manager and to Consultant within ten (10) business days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless the Project Manager or Consultant allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor's written notarized statement that the adjustment claimed is the 53 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by the Project Manager or Consultant in accordance with Article 70, 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. 69. Extension of Time not Cumulative In case the Contractor shall be delayed for any period of time by two or more of the causes mentioned in Article 71, Excusable Delays, Non -Compensable, the Contractor shall not be entitled to a separate extension for each one of the causes; only one (1) period of extension shall be granted for the delay. 70. No Damages for Delay No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City by reason of any delays except as provided herein. Contractor shall not be entitled to an increase in the Contract price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for actual delays due solely to fraud, bad faith or active interference on the part of City or its Consultant. Otherwise, Contractor shall be entitled only to extensions of the Contract Time for completion of the Work as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 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. 1n this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving shop drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non -Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the delay. 54 Coconut Grove Waterfront Masterplan ITS No.: 13-14-027 (Regatta Park) — B-301828 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 or Consultant shall have the authority to reject or disapprove Work which Project Manager or Consultant finds to be defective. If required by Project Manager or Consultant, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Project Manager or Consultant, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond,. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 74. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75. Uncovering Finished Work The Project Manager's, Inspector's and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The Project 55 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B Manager /or Consultant shall notify the Contractor in writing concerning all uncovered finished Work. Should the Work prove to be in accordance with the Contract Documents, the uncovering or taking down and the replacing and the restoration of the parts removed will be treated as Extra Work for the purpose of computing additional compensation and an extension of time. Should the Work examined prove unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the expense of the Contractor. Such expenses shall also include repayment to the City for any and all expenses or costs incurred by it, including employee salaries or related cost, in connection with such uncovering, taking down, replacing and restoration at the Project site. 76. Correction of Work The Contractor shall promptly correct all Work rejected by the Project Manager or Consultant as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all cost of correcting such rejected Work, including the cost of the City's additional services thereby made necessary. The Contractor further agrees that after being notified in writing by the Project Manager or Consultant of any Work not in accordance with the requirements of the Contract Documents or any defects in the Work, the Contractor will commence and prosecute with due diligence all Work necessary to fulfill the terms of the Contract and to complete the Work within a reasonable period of time, as determined by the Project Manager or Consultant, and in the event of failure to so comply, the Contractor does hereby authorize the City to proceed to have such Work done at the Contractor's expense and that the Contractor will pay the cost thereof upon demand. The City shall be entitled to all costs, including reasonable attorneys'fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of personnel, property, or licensees, the City may undertake, at the Contractor's expense, without prior notice, all Work necessary to correct such hazardous condition when it was caused by Work of the Contractor not being in accordance with the requirements of the Contract. If, within one (1) year after the date of final completion of the Project or within such longer period(s) of time as may be prescribed by law, by the Contract Documents, or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so. The City shall give such notice promptly after discovery of the condition. All such defective or non -conforming Work shall be removed from the site if necessary and the Work shall be corrected to comply with the Contract Documents without cost to the City. 77. Maintenance of Traffic and Public Streets Scope of Work The Contractor shall be responsible for the maintenance of public streets and traffic control necessary to perform the Work under the Contract Documents. The cost of traffic control shall be included in the Contractor's Bid. Regulations As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor 56 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and FDOT Roadway and Bridge Standard Index drawing Book. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the previous noted standards. No street shall be completely blocked, nor blocked more than one-half at any time, keeping the other one-half open for traffic, without specific approval. • If required by the Project Manager or Consultant, Traffic Division or FDOT or as otherwise authorized by the Project Manager or Consultant, the Contractor shall make arrangements for the employment of uniformed off-duty policemen to maintain and regulate the flow of traffic through the work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the City of Miami Police Department. • The Contractor shall provide all barricades with warning lights, necessary arrow boards and signs, to warn motorists of the Work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. • Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. • The Contractor shall be responsible for the provision, installation and maintenance of all MOT and safety devices, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and FDOT Roadway and Bridge Standards index drawing book. In addition, the Contractor shall be responsible for providing the Consultant with MOT plans for lane closures and/or detours for approval. These plans (sketches) shall be produced, signed and sealed by a professional Engineer registered in the State of Florida, employed by the Contractor and certified under FDOT Procedure NPIL No. 625-010- 010. Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the Work and by contacting the Sunshine State One -Call Center (1-800-432-4770), 48 hours prior to any excavation. Any loop detector which is damaged, whether shown on the Pians or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470). Where applicable, the Contractor shall notify the Traffic Division 24 hours in advance of the construction date or 48 hours in advance of construction within any signalized intersection. Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. 57 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) -- B-301828 • Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Pumping ® The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. Lane Closures • Where construction of the Project shall involve lane closures public streets, the -following shall apply: • Lane closures require a Lane Closure Permit, obtained two weeks prior to planned construction, with a minimum 48-hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6pm weekdays. 78. Location and Damacle to Existing Facilities. Equipment or Utilities As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field verify all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling 79. Ston Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as 58 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: ■ Cancel the Stop Work Order; or ■ Terminate the Work covered by such order as provided in Article 87, Termination for Default. If a Stop Work Order issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the Project Manager or Consultant, the Contractor may have been delayed by such suspension. In the event the Project Manager or Consultant determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of time as a result of the issuance of a Stop Work Order. 80. Hurricane Preparedness During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning, the Contractor, at no cost to the City, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the Project Manager or Consultant has given notice of same. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Contract time as non -compensable, excusable delay, and shall not give rise to a claim for compensable delay. 81. Use of Completed Portions City shall have the right, at its sole option, to take possession of and use any completed or partially completed portions of the Project(s). Such possession and use shall not be deemed an acceptance or beneficial use or occupancy of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, Contractor shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as determined by Project Manager or Consultant. In the event City takes possession of any completed or partially completed portions of the Project, the following shall occur: ■ City shall give notice to Contractor in writing at least thirty (30) calendar days prior to City's intended occupancy of a designated area. ■ Contractor shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion from Project Manager or Consultant. ■ Upon Project Manager or Consultant's issuance of a Certificate of Substantial Completion, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverage's and start of warranty for the occupied area. ■ Contractor shall complete all items noted on the Certificate of Substantial Completion within the time specified by Project Manager or Consultant on the Certificate of 59 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B Substantial Completion, as specified in the Punch List and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, Project Manager or Consultant shall issue a Certificate of Final Payment relative to the occupied area. If City finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 82. Cleaning Up; Citv's Right to Clean Up Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than 24 hours. At the completion of a Project(s), Contractor shall remove all its waste materials and rubbish from and about the Project(s) as well as its tools, construction equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the contractors responsible therefore as the Project Manager and/or Consultant shall determine to be just. All combustible waste materials shall be removed from the Project(s) at the end of each day. Cleaning operations should be controlled to limit dust and other particles adhering to existing surfaces. 83. Removal of Equipment In case of termination of this Contract before completion for any cause whatsoever, Contractor, if notified to do so by City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of Contractor. 84. Set -offs, Withholdings and Deductions The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: Any amount of any claim by a third party; Any Liquidated Damages, and/or; Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, the following: • The Contractor has not performed the Work in a timely manner; 60 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B • 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; • '!he Contractor has failed in the representation of any warranties stated herein; • When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed timeframe, the City may: o Treat such failure as a repudiation of the Contract and/or; o Resort to any remedy for breach provided herein or by law, including but not limited to, taking over the performance of the Work or any part thereof either by itself or through others. ' • In the event the City may, at its sole discretion terminate the Contract for default, the City or its designated representatives may immediately take possession of all applicable documentation and data. • Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default-®pportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame or the Contract with the City may be terminated. The City is under no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor under any contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor' while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this 61 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: Contractor fails to obtain the insurance or bonding herein required by the Contract. Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full Use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall be deemed to have been occurred under Article 87, Termination for Default. The City in its sole discretion may terminate the Contract without providing the Contractor a written notice to cure. 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment and materials (not owned or paid for by the City) from the Work Site. The City assumes no liability for the Contractor's failure to remove such items from the Project(s) site(s) as required. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. As an alternative to termination, the City may bring suit or proceedings for specific performance or for an injunction 89. Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which Contractor shall cease all Work under the Contract and vacate the Project(s) site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: • Stop all Work on the Project(s) on the date specified in the notice ("the Effective Date"); • Take such action as may be necessary for the protection and preservation of the City's materials and property; • Cancel all cancelable orders for materials and equipment; • Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; 62 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 Take no action that shall increase the amounts payable by the City under the Contract Documents; and Take reasonable measures to mitigate the City's liability under the Contract Documents. All charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: • For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project(s) completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract, and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work; and • To the extent practical, the fair and reasonable value shall be based on the price established as a result of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. • The amount due hereunder may be offset by all payments made to the Contractor. • All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination including, Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. • Contractor shall not be entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. • All payments made under the Contract are subject to audit Upon the City's payment in full of the amounts due the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Article 4, Notices. Should the Contractor and the Project Manager fail to resolve the dispute the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director - Contracts, as identified in Article 4, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director -Contracts fail to resolve the dispute the Contractor shall submit their dispute in writing within five (5) calendar days to the Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification the Director shall review the issues relative to the claim or dispute and issue a written finding. 63 Coconut Grove Waterfront Masterplan ITB No.: 13.14-027 (Regatta Park) — B -30182B Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $100,000, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if applicable, or (ii) a period of sixty (60) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) days has expired where City Manager's decision is subject to City Commission for approval; or (iii) City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within fourteen (14) calendar days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract price or Contract time adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) calendar days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. 91. Mediation -Waiver of Jury Trial In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the construction of a Project(s), and/or following the completion of the Project(s), the parties to this Contract agree all unresolved disputes between them shall be submitted to non- binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with all Sub -Contractors retained for the Work, thereby providing for non-binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Contract. 92. City May Avail Itself of All Remedies The City may avail itself of each and every remedy herein specifically given to it now or existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise, of one remedy shall not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. The City's rights and remedies as set forth in the 64 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301028 Contract Documents are not exclusive and are in addition to any other rights and remedies in law or in equity. 93. Permits, Licenses and Impact Fees All applicable permit fees, including those assessed by the City, are the responsibility of the Contractor. That includes also any other permit fees not directly related to the actual construction of the Project(s), including but not limited to, licenses, permits and fees, such as Permits for dumpsters, job trailers, etc., which may be required by Miami -Dade County, the State of Florida, or other governmental entities. Except as otherwise provided within the Contract Documents, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to the Contract Documents shall be secured and paid for by Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project(s) for whom a Certificate of Competency is required. Impact fees levied by the City and/or Miami -Dade County shall be paid by Contractor. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the public entity as evidenced by an invoice or other acceptable documentation issued by the public entity. Fees for Permits REQUIRED BY THE CITY AND PAYABLE TO THE CITY (e.g. Building Department's Fees such as, Master Permit, Major Trades, Mechanical, Electrical, and Plumbing Fees; Public Works Fees, such as Line and Grade, Excavation, Dewatering and NPDES Fees, and Zoning Department's Fees) by virtue of this construction as part of the Contract shall be reimbursed to the Contractor by the City through an Allowance Account set for herein, evidenced by an invoice or other acceptable documentation issued by the public entity. Permit Fees reimbursement to Contractor shall be for the actual amount and in no event shall include profit or overhead of Contractor. Permit fees related the Contractor's operations (e.g. permits for dumpsters, job trailers, etc.) are not reimbursable. 94. Compliance with Applicable Laws All work shall be constructed in accordance with the latest edition of the City of Miami's contract documents and specifications, the City of Miami's Standards for Design and Construction as well as the Miami -Dade County's Standard Details, and the 2007 Edition of the Florida Department of Transportation Specifications Road and Bridge Construction. The Contractor shall comply with the most recent editions and requirements of all applicable laws, regulations, building and construction codes of the Federal government, the State of Florida, the County, and the City. The attention of the Contractor is directed to the requirements of the Florida Building Code and the Codes of Miami -Dade County and the City of Miami, Florida, governing the qualifications for Contractor and Sub -Contractor doing business anywhere in the City. 95. Independent Contractor The Contractor is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the 65 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 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 indemnify and hold harmless the City against any such liabilities, even if they arise from actions directed or taken by the City. 96. Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract.. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract 97. Successors and Assigns The performance of this Contract shall not be transferred pledged, sold, delegated or assigned, in whole or in part, by the Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City approval shall be cause for the City to nullify this Contract. Any assignment without the City's consent shall be null and void. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Contract and to the partners, successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 98. Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in this Contract Documents is substantial and important to the formation of the Contract Documents and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of the Contract Documents. A waiver of any 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 66 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 In the event the any provision of the Contract Documents is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Contract, and the remainder of the Contract Documents shall continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Contract in its entirety. An election to terminate the Contract based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. 100. Applicable Law and Venue of Litigation This Contract 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 is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. The parties waive any objections to venue. 101. Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager, Director or designee. 102. Entire Agreement 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, Egual Employment Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation Contractor acknowledges that upon completion of the of the Work under the Contract Documents and/or at any other time deemed appropriate by the City a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 67 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B 105. Commodities manufactured, grown or produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within the City of Miami, Miami -Dade County and the State of Florida shall be given preference. 106. Royalties and Patents All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 107. Continuation of the Work Any Work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the City and the involved contractor, continue until completion at the same prices, terms and conditions. 108. Public Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project(s), and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project(s) and to any claim for a period of five (5) years following Final Completion of the Project(s). Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and (5) all electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. 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. 6s Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) m B -30182B 109. No Interest Any monies not paid by City when claimed to be due to Contractor under the Contract Documents, including, but not limited to, any and all claims for damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of Section 218.74(4), Florida Statutes as such relates to the payment of interest, shall apply to valid and proper invoices. 110. Payments Related to Guaranteed Obligations The City may withhold from any payments to be made such sums as may reasonably be necessary to ensure completion of the Project(s) with respect to defective Work, equipment or materials which may be identified by the Project Manager. The City may deduct from any payment due the Contractor an amount equal to its cost incurred on account of the Contractor'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 or otherwise disposes of the Contract or its right, title or interest in or to the same or any part thereof without the previous consent in writing of the City, such action shall be an Event of Default. Nothing herein shall either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law. 112 Agreement Limiting Time in Which to Bring Action Against the City In the event the Contractor may be deemed to have a cause of action against the City, no action shall lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Contract Documents by reason of any act or omission or requirement of the City or its agents, unless such action shall be commenced within six (6) months after the date of issuance of a final payment under the Contract, or if final payment has not been issued within six (6) months of substantial completion of the Work or upon any claim relating to monies required to be retained for any period after the issuance of the said certificate, unless such action is commenced within six (6) months after such monies become due and payable under the terms of the Contract Documents, or if the Contract is terminated or declared abandoned under the provisions of the Contract unless such action is commenced within six (6) months after the date of such termination or declaration of abandonment by the City. 113. Defense of Claims Should any claim be made or any legal action brought in any way relating hereto or to the Work hereunder, except as is covered by the provisions of § 6 ("Indemnification") the Contractor shall diligently render to the City, after additional compensation is mutually agreed upon, any and all assistance which the City may require of the Contractor. Additional compensation will only be furnished relative to the costs of any corrective Work as defined in Section 2, §1 which is not 69 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B the fault of the Contractor, The Contractor will be responsible for payment of attorneys fees and costs incurred in defense of the Contractor and of the City. 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 regulations, upon thirty (30) days notice. 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(s). All things not expressly mentioned in the Contract Documents, but necessary to carrying out its intent are required by the Contract Documents, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies and other items required for the completion of the Contract. All Work shall be accomplished at the direction of and to the satisfaction of the Project Manager. 119. Contract Documents Contain all Terms 70 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B 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, shall survive termination, cancellation or expiration thereof. 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. 71 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B -30182B Section 3 - Supplemental Terms and Conditions 1. Contract Time &Flours 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. The Contractor shall complete this Project in strict accordance with the following construction time schedule: Phase 2 - Contractor shall have One Hundred Twenty (120) calendar days to achieve Substantial Completion from the date that the Phase 2 Notice to Proceed is issued. Contractor shall have an additional Thirty (30) calendar days for Final Completion of Phase 2. Phase 3 - Contractor shall have One Hundred Twenty (120) calendar days to achieve Substantial Completion from the date that the Phase 3 Notice to Proceed is issued. Contractor shall have an additional Thirty (30) calendar days for Final Completion of Phase 3. PLEASE ALSO NOTE: FAILURE TO ACHIEVE SUBSTANTIAL aMPLE, WITHIN THE SPECIFIED TIME WITH RESPECT TO ANY PHASE TRIGGER THE IMMEDIATE ACCRUAL OF fib ., 'O DAMAGES #„ .. DESCRIBED 72 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 Work shall be performed Monday through Friday from 8:00 am to 6:00 pm. Any Work to be performed outside of these times must be requested in writing to the Project Manager five (5) days prior to the requested change and Contractor must simultaneously make application to the City of Miami Office of NET Administration for a Construction Noise Waiver. The City's Office of NET Administration can be reached at 305-4161415. The Project Manager and the Office �of NET Administration will notify the Contractor in writing of any changes in approved work hours and issuance of any requested Construction Noise Waiver. 2. Progress Payments Contractor may make application for payment for Work completed during the Project(s) at intervals of not more than once a month or upon completion and Final Acceptance of the Work. Bidders will be paid based on the line item breakdown, contained in the Bid Form, with payments based on actual Work performed. All applications shall be submitted in triplicate and the Contractor shall only use the City's Contractor Payment Application Form. Where the time frame for completion of the Work is less than or equal to one month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Article 5 of the Supplemental Terms and Conditions and a partial or final release. of liens or consent of Surety relative to the Work, which is the subject of the application for payment and any other information required by the Project Manager or Consultant. Each application for payment shall be submitted in triplicate for approval. City shall make payment to Contractor within thirty (30) days after approval of Contractor's application for payment. Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand atone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: ■ Defective Work not remedied. ■ Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. ■ Failure of Contractor to make payments properly to Subcontractors or for material or labor. ■ Damage to another contractor not remedied. ■ Liquidated damages and costs incurred by City and/or Consultant for extended construction administration. ■ Failure of Contractor to provide any and all documents required by the Contract Documents. In instances where multiple Project are awarded the Contractor shall submit separate applications for Payment for each Project. When the above grounds are removed or resolved satisfactory to the Project Manager, payment shall be made in whole or in part. The City will pay, and the Contractor shall accept as full compensation for the Work, the sums specified in the Contractor's submittal to the Contract Documents, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project(s) Site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project(s), but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid 73 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301826 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 arna es The Contractor is obligated for, and hereby guarantees, completion of each Phase of the Project within the time specified in this Contract. In the event Contractor shall fall to achieve Substantial Completion of any Phase of the Project within the specified time set forth herein, Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of Three Thousand dollars ($3,000.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event Contractor shall fail to achieve Final Completion of any Phase of the Project within the time specified herein, Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of One Thousand Five Hundred dollars ($1,800.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. The Contractor will be notified of any approved exceptions or extensions. The total amount of liquidated damages shall not exceed the value of the applicable Contract Documents. The City shall have the right to deduct liquidated damages assessments from any payment due or which may thereafter become due to the Contractor under any contract the Contractor has with the City. In case the amount, which may become due hereunder, shall be less than the amount of liquidated damages due the City, the Contractor shall pay the difference upon demand by the City. Should the Contractor fail to compensate the City for any liquidated damages, the City shall consider this as a form of indebtedness and may deny any future Work under the Contract or any other City contract until such indebtedness is paid in full to the City. The City shall notify the Contractor that it is incurring liquidated damages. 4. Schedule of Values The Contractor must submit three copies of a Schedule of Values, which must be submitted within ten (10) calendar days of the issuance of the Notice to Proceed. The Schedule of Values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit should be as separate line items. Each line item shall be identified with the number and title of the major specification section or major components of the items. The Project Manager or Consultant may require further breakdown after review of the Contractor's submittal. The City reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the Schedule of Values. The combined total value for mobilization under the Schedules of Values shall not exceed 5% of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 5. Project Schedules Contractor shall submit a proposed Project schedule as follows: ■ Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the Project Manager and Consultant's review. Subsequent to such review of said schedule the Contractor shall establish said schedule as the baseline schedule. 74 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park)— B -30182B All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated in to the City's baseline schedules. Subsequent to review of the initial schedule submission the Contractor shall establish the reviewed schedule as the "baseline schedule". Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project(s) or not, will pass to the City upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances and that no Work, materials or equipment will have been acquired by the Contractor or by any other person performing Work at the site or furnishing materials and equipment for the Project(s), subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall, beginning with the second request for payment, attach a Partial Release of Lien/Subcontractor's Statement of Satisfaction for each application for payment. Failure to submit such documentation may delay payments. The City may, in its sole discretion withhold payments for Work performed by Subcontractor where no release of lien has been submitted. The Contractor shall submit with the final payment request, for any Project(s) where subcontractors have performed Work, a Final Release of Lien/Subcontractor's Statement of Satisfaction for each Subcontractor marked as a final. Failure to submit such documentation will result in delay in payment or the City withholding from the final payment such funds as necessary to satisfy any Subcontractor claims. Where the Contractor has submitted a Performance/Payment Bond the Contractor may, in lieu of the Release of Lien/Subcontractor's Statement of Satisfaction, submit Consent of Surety to Requisition Payment. Contractor must use City Release of Lien, Affidavit and Consent of Surety forms or the Application for Payment will be rejected. 7. Progress Meetings The City shall conduct a pre -construction conference prior to the commencement of the Work. Contractor shall hold progress and coordination meetings as required by the Project Manager or Engineer, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items or questions, and Contractor shall note the action to be taken by such party or parties. 75 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park)— B -30132B Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its subcontractors and/or vendors when the Project Manager requires their presence. The Contractor shall maintain minutes of the meeting and distribute copies of the minutes to all parties in attendance. The Contractor shall prepare and distribute to Project Manager and the Consultant an updated two-week look -ahead schedule of construction activities and submittals. 8. Reguest 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 Consultant and City's Project Manager shall respond in writing. 9. Prosect Site Facilities The Contractor shall arrange For all Project(s) site facilities as maybe necessary to enable the Project Manager or Consultant to perform their respective duties and to accommodate any representatives of the City which the City may choose to have present at the Project(s). Contractor's, Sub -Contractor's, supplier's, material persons personnel shall not use the City restrooms that may be available at the Project(s) site without the prior consent of the manager of the facility or the Project Manager where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Sub -Contractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Sub - Contractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the Project Manager or Consultant. Contractor is required to provide any necessary temporary utilities to the site, such as electric, water, and sanitary services to the site for new construction or additions to a facility. The Project Manager may authorize the use of existing utilities. Such decision will be made at the sole discretion of the Project Manager and the City. The Contractor shall be required to obtain all necessary permits required for any Project(s) site facilities. Contractor shall also be responsible to maintain such facilities in a safe and working condition. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to Final Acceptance. 76 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B -30182E 10. Inspection of Work Contractor shall notify the Project Manager and Consultant at least 48 hours prior to commencing Work on the following; • Storm Drain • Subgrade — submit and have approved desities prior to placement of rock • Limerock Base — submit and have approved desities and as-builts prior to placement of any asphalt 11. Security The site where the Work is to be performed may not be a secure site and the public may have access to the site. The Contractor shall have sole responsibility for the security of all Work materials, tools, equipment and Work at the Project(s) site. The City shall not be liable for any damage or loss to such materials, tools, equipment and Work and the Contractor shall be responsible for the repair or replacement of all Work such materials, tools, and equipment. 12. Construction Signage Where required by the Contract Documents the Contractor shall provide construction signage. 'The City shall provide the Contractor the wording and layout for the signs at the pre -construction conference. The Contractor shall furnish the two City signs at the Project(s) Site(s) as follows: ■ The first sign must be manufactured by Image 2000, 45 East 9t" Court, Hialeah, Florida (305) 884-2240 or approved equal. The sign shall be 4 feet wide and 8 feet high and constructed of pressure sensitive 2 mil cast vinyl overmounted with 3 mil mylar and mounted to 1 MDO with painted back. The sign shall be mounted on 4 inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level. The colors to be used on the sign are as follows: the background shall be white with blue lettering; the seal shall be white and gold with blue lettering form. • The second sign shall reflect other funding sources for the Project and shall reflect the Project information. The sign shall be 4 feet wide by 8 feet high by 3/ inch (thick) exterior plywood, suitably mounted and readable at eye level. The colors shall be blue and white. The background shall be white and all lettering shall be blue Helvetica. All paint shall be rated outdoor enamel. The City will provide the City Seal in decal form. • The Contractor shall also post appropriate construction site warning signs at the Work Site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall also be placed waterside to alert boater to the construction zone, requiring idle speed and a minimum clearance distance. Contractor shall provide drawings for the signage, which shall be subject to approval by the Consultant. • The Project Manager and the City shall approve the locations for all signage. 13, Construction Photographs Contractor shall submit with each application for payment photographs that accurately reflect the progress of the work. Contractor shall submit once copy of each photograph in print and digitally. The photographs shall be printed on 8"X10" high resolution glossy single weight color print paper. Each photograph will also reflect the date and time the picture was taken. Aerial photographs will be taken on a bi-monthly basis. 14. City Furnished Property Contractor shall preserve all street signs, parking meters, benches, traffic control signs, etc, when directed to by the Project Manager or Consultant and shall reinstall or provide to the City as directed. 77 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — 8-301828 15. Geotechnical Testing — Intentionally Omitted 16. Field Layout of the Work and Record Drawings for Drainage Protects 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 100 feet 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 center lines, auxiliary lines and a bench mark 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 Project Manager or Consultant shall require the Work to be brought within the tolerances specified elsewhere before backfill 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, handholes, 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 Project Manager or Consultant 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 Project Manager or Consultant 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 as -built information is recorded by the Contractor and the City. ■ 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 1 length on both sides 78 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B 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 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, the 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 the Project Manager's or Consultant's 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 Project Manager or Consultant 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 or Consultant. 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. Special Care Provisions The Dinner Key Harbormaster office and restroom trailers shall be protected from the demolition work and will remain operational during the demolition. The contractor shall take the necessary precautions to protect the FPL equipment from damage. The FPL equipment is located in the utility easement at the west side of the building (refer to Sketch A). The contractor shall bear any cost to repair the FPL equipment should the equipment be damaged as a result of the demolition. 79 Coconut Grove Waterfront Masterplan ITB No.: 13.14.027 (Regatta Park) — B -30182B In reference to the contaminated materials and soil in the project site, the contractor shall adhere to the recommendations of Shaw Environmental, Inc. that are outlined in the Phase I — Limited Asbestos Survey and Limited Lead -Based Paint Survey, and Phase II Environmental Real Estate Site Assessment Reports. 19. Amendments for Phase II and Phase III Prior to final completion of Phase I of the Project, the City, in its sole and absolute discretion, shall determine whether it is in its best interest to complete Phase 11 and/or Phase III of the Project. In accordance therewith, Contractor agrees to execute any and all documents reasonably required to amend this contract to include completion of Phase II and/or Phase III of the Project in accordance with Contractor's Bid submitted to the City for award of this Project on Tuesday, January 27, 2015. 80 Coconut Grove Waterfront MasterPlan ITB No.: 13-14-027 (Regatta Park) — B-301828 BID FORM (Page 1 of 11) Submitted: City of Miami, Florida Office of the City Clerk City Hall, 1 st 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 ani willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: Bid No: 13-14-027 Title:. COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARK) The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price Bid in figures and the price Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. 81 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182E BI® FORM (Paget of 11) Note: Bidders are bidding on the Lump Sum Cost of the Three (3) Phases of this Project for the purpose of determining the lowest responsive and responsible bidder. Where there is a discrepancy between the numerical and written Bid Amount, the written Bid Amount will prevail. City's Subcontractor Utilization Form ("SU") must be submitted with your bid. The SU Form can be found posted on the webpage with the bid documents. Our Bid Amount Includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required in accordance with the Bid Specifications. BASE BID: BID FORM (Page 3 of 11) The spreadsheet with Unit Prices is reguired to be submitted within the Bid Submittal Forms, Bidders must download the version of MS Excel Bid Form that is available for download at: http://www.miamigov.com/Capitallm12rovements/pages/ProcurementOpportunities/Default.as12. Failure to submit the Spreadsheet may result in the Bid being determined to be non-responsive. MS Excel sheet shall round all bid price to the second decimal. The Bid Forms contain five (5) separate component projects and the Bidder must provide unit prices for all Work to be performed for each of the five (5) component projects to be deemed responsive. COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARK) - PROJECT NO, B-301828 I'ay Item IVo x Pay item Descnptloh Uit Cost Cost �� .._ .A . 32MUnit 1 1 2 2 3 3 __ ~ 4 4 5 5 7 7 8 8 9 9 10 10 83 Coconut Grove Waterfront Masterplan ITB No.: 13-14.027 (Regatta Park) — B-301828 BID FORM (Page 4 of 11) Part I: 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: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Part II: No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Community Small Business Enterprise ("CSBE") Requirements Bidder certifies that it has read and understood the provisions of City of Miami Ordinance 13331, codified as Section 18-89 of the City Code, pertaining to the implementation of a "Community Small Business Enterprise" requirement. Evaluation of bidder's responsiveness to Ordinance Section 13331 shall be a consideration in the award of a contract. 2. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person. Bidder certifies that the selected independent third -party verifier will verify and certify compliance data and reports honestly and accurately; and 3. Drug Free Workplace The undersigned Bidder hereby certifies that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); 84 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 BID FORM (Page 5 of 11) (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6); and 4. Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 85 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B BID FORM (Page 6 of 11) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure;; and * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 5. Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (e) In addition, factors to be considered in determining responsibility of prospective contractual parties shall include but not be limited to: (1) Bidder does have availability of appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain them, to meet all contractual requirements; (2) Bidder does have a satisfactory record of performance; (3) Bidder does have a satisfactory record of integrity; (4) Bidder does possess qualified legal standing to contract with the city; (5) Bidder will be in compliance in supplying all requested information connected with the inquiry concerning responsibility; (f) Bidder has not had a termination, suspension, or cancellation of a City contract, in whole or in part, for cause, due to a default by the bidder or offeror, within the past five (5) years, which has not been reversed on appeal by a court of competent jurisdiction; or (g) Bidder has not withheld a payment or nonpayment of moneys due the City from the Bidder or Offeror, within the past five (5) years, unless the full amount of such moneys due the city 86 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 BID FORM (Page 7 of 11) (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 purchasing agent concerning responsibility. If such contractual party fails to provide the requested information, the determination of responsibility may be made upon available information or the prospective contractual party may be found nonresponsible. The prospective contractual party may demonstrate the availability of necessary financial, equipment, facility, and personnel resources by submitting: (1) The bidder will, upon request, furbish evidence that the contractual party possesses such necessary resources; (2) Bidder affirms it has acceptable plans to subcontract for such necessary resources; or (3) Bidder will, upon request, submit a documented commitment for, or explicit arrangement with, satisfactory sources to provide such necessary resources. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami in writing. 6. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief; that it and its principals: (a) have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the local workforce participation requirements on a quarterly basis; (b) have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; and (c) the selected third party, who independently verifies compliance with this section, must have a minimum of 2 years experience as required in Ordinance No. 13332, codified as Section 18-89 of the City Code; Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective 87 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B BID FORM (Page 8 of 11) 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: Quantity Unit Description Unit Price Price Extended , Method Total $ Attached is a Bid Bond [ ], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ ] No. Bank of for the sum of Dollars ($ ). The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing and completing the spaces provided below. Firm's Name: Signature: Printed Name/Title: City/State/Zip: Telephone No.: Facsimile No.: E -Mail Address: Social Security No. or Federal Dun and I.D.No.: Bradstreet No.: (if applicable) If a partnership, names and addresses of partners: 88 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta park) -- B-301828 BID FORD (Page 9 of 11) 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: 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. 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), 89 Coconut Grove Waterfront Masterplan ITB No.: 1314-027 (Regatta Park) m B -30182B BID FORM (Page 10 of 11) 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: 90 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 BID FORM (Page 11 of 11) 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 SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC as identification and who (did / did not) take an oath. 91 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade )SS: City of Miami KNOWN ALL PERSONS BY THESE PRESENTS, 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: COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARK) - PROJECT NO.: B -30182B NOW THEREFORE: (a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. 92 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this I day of , 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, PRINCIPAL: Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal.) (Name of Firm) Affix Seal (Signature of authorized officer) (Title) (Business Address) City State Zip Surety: (Corporate Surety) Affix Seal Surety Secretary (Signature of Authorized Officer) (Title) (Business Address) City State Zip 93 Coconut Grove Waterfront Masterplan (Regatta Park) ® B -30182B ITB No.: 13-14-027 DID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL 1, , 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 FLORIDA ) COUNTY OF DADE )SS CITY OF MIAMI 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 INSTRUCTIONS: Bid Bonds must be accompanied by Notary Public, State of Florida at Large a Power of Attorney, in compliance with Instructions to Bidders My Commission Expires: 94 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Dark) — B-301828 SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Require That The Bidder Submit Additional Information Not Included In The Submitted Form. Such Information Must Be Submitted Within Seven (7) Calendar Days of the City's Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information How many years has your company been in business under its current name and ownership? a. Professional Licenses/Certifications (include name and number)* Issuance Date active certifications of community small business enterprise & name of certifying entity) b. Date company licensed by Dept. Of Professional Regulation: c. Qualified Business License: ❑ Yes No If Yes, Date Issued: d. What is your primary business? (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) e. Name of Qualifier, license number, and relationship to company: f. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifier for the company 2. Name and Licenses of any prior companies Name of Company License No. Issuance Date 3. Type of Company: ❑ Corporation ❑"S" Corporation ❑LLC❑Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 95 Coconut Grove Waterfront Masterplan ITB No.: 13-14.027 (Regatta Park) — B -30182B 4. Company Ownership a. Identify all owners of the company. Name Title % of ownership b. Is any owner identified above an owner in another company? 0 Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership c. identify all individuals authorized to sign for the company, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Explanation for Other: (Note: "All" refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost' refers to CPRS, COs. No -cost refers to RFls, 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? 96 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B -30182B 6. Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: if yes, please explain: 7. Insurance & Bond Information a. Insurance Carrier name & address: b. Insurance Contact Name, telephone, & e-mail c. Insurance Experience Modification Rating (EMR): (if no EMR rating please explain why) d. Number of Insurance Claims paid out in last 5 years & value: e. Bond Carrier name & address: f. Bond Carrier Contact Name, telephone, & e-mail: g. Number of Bond Claims paid out in last 5 years & value: 8. Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. 9. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? Yes 0 No (IfDs, provide an attachment that provides an explanation of the project and an explanation. 11. Has your company been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation, 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. 97 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B B. Project Management & Subcontract Details 1. Project Manager for this: Project: a. Name: 2 3 b. Years with Company: c Licenses/Certifications: d. Last 3 projects with the company including role, scope of work, & value of project: Subcontractors: Name Trade % of Work License No. Certification* (*active certifications of community small business enterprise & name of certifying entity) Scope of actual construction work to be performed by your company and the corresponding percentage of the work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non - construction work items) C. Current and Prior Experience: 1, Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such projects, including the owner's name, title and value of project, scope of work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the project) 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes Completed Projects the Proposer considers of a similar, size, scope and complexity that the City should consider in determining the Bidders responsiveness and responsibility. This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. Information provided must include the owner's name , address and contract person, including telephone & e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or 98 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder's References Bidders are to include a minimum of five (5) references from completed projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission. The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. 99 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B SUPPLEMENT TO BI® FORM CUSTOMER REFERENCE LISTING (Page 1 of 1) Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Contractor has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexity. 1) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 2) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 3) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone No.: /Fax No. 5) Company Name Address Contact. Person/Contract Amount Telephone No.: /Fax No. too Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30132B To Whom It May Concern Subject: Reference Letter Name of Bidder: DANIEL J. ALFONSO, City Manager The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: Scope of work: Value of project: $ Date Completed: Percentage of physical construction work self -performed by Contractor: % Was project completed on time & within budget: ® Yes [I No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes [] No If yes, please provide details: Comments: Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: Date: Signature: Telephone: Sincerely, Mark Spanioli, P.E., Director Capital Improvements Program Title: E-mail: 101 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B SUPPLEMENT TO BID FORM: 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 A "LOCAL 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 PRESENT Street Address: City: State: How long at this location: PREVIOUS Street Address: 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 or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on-site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; and 2) if the business is located in 'the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, 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 or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval 102 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — 13-301826 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; and 3) Has had for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current Business Tax Receipt issued by both the city and Miami -Dade County, if applicable; and 4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and 5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 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/Bidders to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section. Authorize Signature Print Name (Corporate Seall) Title Authorized Signature Authorized Signature Print Name Title Authorized Signature 103 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 3 of 3) (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF FLORIDA, COUNTY OF DADE That: personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: My Commission Expires: Please submit with your 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. 104 Coconut Grove Waterfront Masterptan ITB No.: 13-14.027 (Regatta Park) — B -30182B I, 1 hereby certify that: i) I am the (President/Secretary or Principal) of (Respondent Firm); ii) 1 have read Sections 18-87 and 18-89 of the City of Miami Procurement Code; iii) (Respondent Firm) I hereby acknowledges that the awarded contract has an on-site labor component greater than or equal to twenty-five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Community Small Business Enterprise ("CSBE"); OR iv) (Respondent Firm) hereby is certified by Miami - Dade County as a CSBE firm and will self -perform to meet the minimum fifteen percent (15%) CSBE requirement. An active copy of the respondent's CSBE certification must be included bid document. v) (Respondent Firm) hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. vi) OPTIONAL: vii) (Respondent Firm) hereby agrees to make assignments pursuant to Item iii), above, to certified CSBE firms who maintain a "Local Office", as defined in City Code Section 18-73; STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance with Section 18-89 of the City of Miami Procurement Code on behalf of Respondent Firm named therein in favor of the City. Subscribed and Sworn to before me this My commission expires: Bonded by day of 120 Notary Public, State of Florida at Large 105 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS w4m lif� ; Name of Bidder/Proposer: Contact Person: Address: Phone No.: Project Name: Project Number: Contract Dollar Amount: 15% CSBE DollarAmount Name of Prime Bidder/Proposer Certification Certification No. (if Expiration Date Type of CSBE work to be performed by the Bidder (if Bidder's self performance Total Dollar ($) Amount of Bidder's self performance Total Dollar ($) Amount of sub -contractor's CSBE requirement applicable) (if applicable) applicable) percentage (%) of Contract Value The undersigned intends to perform the followinq work in connection with the above contract: Name of Sub -contractor Certification No. Certification Expiration Date Type of CSBE work to be performed by the sub- contractor Sub -contractor percentage (%) of Contract Value Total Dollar ($) Amount of sub -contractor's CSBE requirement I certify that the representations contained in this form are true and accurate to the best of my knowledge. I affirm that I will enter into sub -contractual agreement(s) with the above listed CSBE sub -contractors) if awarded this contract. Copies of the agreement(s) will be immediately made available to the City of Miami as required. Prime Bidder/Proposer Signature Date Prime Bidder/Proposer Print Name Title The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such goods or services, ability to obtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and the ability to otherwise meet the bid specifications. Sub -contractor Signature Date Sub -contractor Print Name Title 106 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B Section 6- Contract Execution Form THIS Contract #15-298, made this day of in the year 2015 in the, amount of $6,136,725 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and J.R.T. CONSTRUCTION CO., hereinafter called the "CONTRACTOR". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST J.R.T. CONSTRUCTION CO., a Florida corporation Signature Signature Print Name, Title Print Name, Title of Authorized Officer or Official ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department (Corporate Seal) City of Miami, a municipal corporation of the State of Florida Daniel J. Alfonso, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney 10'7 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B CORPORATE RESOLUTION WHEREAS, Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) (type name of officer) is hereby authorized and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of 7 2015. Corporate Secretary (Corporate Seal) 108 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We , as Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) 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: 13-14-027, 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 109 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Gond. Signed and sealed this _, day of WITNESSES: Secretary (CORPORATE SEAL) IN THE PRESENCE OF: 20 (Name of Corporation) By: (Signature) (Print Name and Title) INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: 110 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301328 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. 13- 14-027, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. 111 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 ATTEST: IR Contractor (Name of Corporation) (Secretary) (Signature) (Corporate Seal) (Print Name and Title) day of 20 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney -in -Fact Address: _ (Street) (City/State/Zip Code) Telephone No.: 112 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30132B CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation STATE OF FLORIDA SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this My commission expires: 113 day of , 20 Notary Public, State of Florida at Large Bonded by, Coconut Grove Waterfront Masterplan ITB No.: 13-14.027 (Regatta Park) ® B-301828 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) BeneficiaLy: City of Miami 444 S.W. 2n0 Avenue Miami, Florida 33130 Date of Issue Issuing Bank's No. Applicant: Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on at of and for the account of (Bank, Issuer name) by order (branch address) (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) 114 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B 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 (Hank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature 115 Coconut Grove Waterfront Masterplan ITB No.: 13.14-027 (Regatta Park) — B -30132B INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Proposer is submitting as a joint venture, please be advised that this form (3 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 prim responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring andfiring of management personnel: (4) Purchasing of major items or supplies: (c) Supervision of field operations: 116 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the County in writing. AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to the County current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venturer relevant to the joint venture, by authorized representatives of the County. Any material misrepresentation. will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Firm: Signature: Name: _ Title: Date: Name of Firm: Signature: Name: Title: Date: FORM A 117 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30132B EXHIBIT 1 — DETAILED PROJECT SCOPE COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARI{) Scope of Work: The work consists of providing all labor, material, equipment, machinery, tools, services and incidentals necessary to construct a high quality park at a rate of progress that will ensure completion of the work within the stipulated contract time. The project shall be completed in three (3) Phases that consist of various distinctive areas within an overall park site. The areas include the Expo Lawn, Regatta Lawn, Tropical Gardens, Promenade, Multi -use Path Connector, Monument Signage and Children's Play Area, Tree Alley, Marina Parking and Auxiliary Parking. Expo Lawn - Construction of the Expo Lawn includes an approximate 7 acre green lawn area which includes irrigation, connection to existing underground services, and landscape construction. The scope also includes transplanting of trees, placement of new trees/ shrubs/palms, site lighting and landscape/hardscape construction. For specific construction connections and constructability of this area refer to construction drawings attached in this BID package. Regatta Lawn - Construction of the Regatta Lawn includes an approximate 2 acre green stabilized lawn area which includes irrigation, and connection to existing underground services, landscape construction, tree pruning for existing trees and stabilizing sod for heavy vehicular use. For specific construction connections and constructability of this area refer to construction drawings attached in this BID package. Tropical Gardens - Construction of the Tropical Gardens includes an approximate 0.65 acre significantly landscape dense area which includes irrigation, connection to existing underground services, landscape construction, placement of new trees/shrubs/palms, site lighting, hardscape construction and tree pruning for existing trees. For specific construction connections and constructability of this area refer to construction drawings attached in this BID package. Promenade - Construction of the Promenade includes an approximate 450 linear feet of a hardscape delineated by new trees, shrubs, site lighting and hardscape features. For specific construction connections and constructability of this area refer to construction drawings attached in this BID package. Muti-Use Path Connector - Construction of the multi -use path includes an approximate 4,183 linear feet of hardscape pathways surrounding the boundaries of the park. The scope includes hardscape construction, and site lighting. For specific construction connections and constructability of this element refer to construction drawings attached in this BID package. Monument Signage - 118 Coconut Grove Waterfront Masterplan ITB No.: 13-14.027 (Regatta Park)— B -30182B Construction of the Monument Signage includes two monument signs at different locations. For locations refer to BID Package Drawings. The scope includes permanent informational signage inclusive of electrical work. The monument signs are a separate Bid Alternate and should be provided separately from the total project Lump Sum amount. Tree Allee- Construction of the Tree Allee includes an approximate 543 linear feet of a hardscape boulevard delineated by existing and new trees, new site lighting, and hardscape construction. The scope also includes transplanting of trees, placement of new trees/ shrubs/palms and planting. For specific construction connections and constructability of this area refer to construction drawings attached in this BID package. Marina and Auxiliary Parking - Re -stripping and base reconstruction of new curbs delineating green areas including approximately 131,000 square feet of milling and resurfacing of the existing parking lots. Construction of drainage system as reflected in the construction drawings included in this BID package and the rework of base material as required achieving the proposed slopes. The scope also includes tree pruning for existing trees, transplanting of trees, shrubs and providing new curb cuts along Pan American Drive. For specific construction connections and constructability of this element refer to construction drawings attached in this BID package. Parking Lighting — Provide parking lighting for both parking lots as per specifications on Bid package construction drawings. An existing FPL duct bank is running inside the property affecting many areas of the site. The Parking Lighting Package is a Bid Alternate and should be provided separately from the total project Lump Sum amount. Pan American Drive For improvements to Pan American Drive -the -city of Miami will provide a supplement to the bid package. Pan American Drive is included in phase III which is a future phase 119 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 EXHIBIT 2 — BONUS PAYMENT PROVISIONS COCONUT GROVE WATERFRONT MASTERPLAN (REGATTA PARK) The contractor shall be eligible for a "Bonus" in the amount of three thousand dollars ($3,000.00) per day for every day the project is completed before the completion date of .July 17, 2015 ("Bonus Completion Date") with a not to exceed "Bonus" of one hundred thousand dollars ($100,000.00). The project is considered complete when it has reached substantial completion as determined by the City's Capital Improvements and Transportation Programs Department (CITP) Director or designee, and subject to the conditions precedent set forth below. For purposes of the calculation and the determination of entitlement to the "Bonus" stated above, the "Bonus Completion Date" will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance of a catastrophic event (i.e., hurricane or a declared state of emergency). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, or other such events, forces or factors sometimes experienced in construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the `Bonus Completion Date" set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract by the "Bonus Completion Date", regardless of whether the Contractor successfully does so or not, shall be the sale responsibility of the Contractor in every instance. In the event of a catastrophic event (i.e., hurricane or a declared state of emergency) directly and substantially affecting the Contractor's operations on the Contract, the Contractor and the CITP Director or designee shall agree as to the number of calendar days to extend the "Bonus Completion Date". In the event the Contractor and CITP Director or designee are unable to agree to the number of calendar days to extend the "Bonus Completion Date", the CITP Director or designee shall unilaterally determine the number of calendar days to extend the "Bonus Completion Date" reasonably necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes that the number of calendar days determined by the CITP Director or designee were arbitrary or without any reasonable basis. However, notwithstanding anything above to the contrary, upon the Contractor's written request being made directly to the CITP Director or designee, with copies provided to the City's Procurement Department Director, the CITP Director or designee reserves the right, according to the parameters set forth below, to make a determination to either fully enforce the above provisions with no modification, modify the "Bonus Completion Date" by moving it, or both modify the "Bonus Completion Date" by moving it and also modifying the "Bonus" amount by reducing it. No modification of a "Bonus" provision will be considered by the CITP Director or designee for any impacts whatsoever, beyond the reasonable control of the Contractor, the effect of which results in a time extension of less than 15% of the time remaining in the period from first day of occurrence of such impact to the "Bonus Completion Date". Furthermore, as to any such 120 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B -30182B impact, the effect of which results in a time extension of 15% or more of the time remaining in the period from first day of occurrence of such impact to the "Bonus Completion Date", no modification of a "Bonus" provision will be considered by the CITP Director or designee unless the Contractor clearly establishes that it has continuously from the beginning of the project aggressively, efficiently and effectively pursued the achievement of the "Bonus," including the utilization of any and all reasonably available means and methods to overcome all impacts and accelerate the work so as to still achieve the "Bonus," and, but for this impact, the Contractor would have otherwise earned the "Bonus" provided in the original Contract. Also, to the extent the request is not submitted in writing to the CITP Director or designee within not less than twenty (20) calendar days prior to the original "Bonus Completion Date", the Contractor must also continue to aggressively, efficiently, and effectively pursue the completion of the "Bonus" work, including the utilization of any and all reasonably available means and methods to overcome all impacts and accelerate the work, until a determination is made by the CITP Director or designee'or twenty (20) calendar days has expired since such written notice. There shall be no right of any kind on behalf of the Contractor to challenge or otherwise seek review or appeal in any forum of any determination made by the CITP Director or designee under this provision. The Contractor shall have no rights under the Contract to make any claim arising out of this "Bonus" provision except as is expressly set forth in this Article. As conditions precedent to the Contractor's entitlement to any "Bonus" the Contractor must: (1) Deliver in -hand to the CITP Director or designee any and all claims, no later than 60 calendar days after completion of the work on which such claim is based. Furthermore, as to any such claims for which both parties have not reached an agreement on monetary compensation prior to final acceptance, and those claims pending at or submitted after final acceptance, a review hearing will be tentatively scheduled with the City's Procurement Department Director within 60 calendar days of the final acceptance while awaiting CITP Director or designee review and response to any such claim and the sole forum for final determination as to both entitlement and amount of monetary compensation, if not otherwise mutually resolved or otherwise agreed, shall be the City's Procurement Department Director. (2) Actually complete the Contract and obtain final acceptance by the Department, as determined by the CITP Director or designee in accordance with, and on or before the "Bonus Completion Date". (3) No later than 60 days after final acceptance by the Department, the Contractor must either (a) elect to be paid the "Bonus" pursuant to (4) below, or (b) notify the CITP Director or designee in writing that the Contractor is electing to be paid the "Bonus" and is reserving one or more outstanding claims for final and fully binding determination by the City's Procurement Department Director, the determinations of the City's Procurement Department Director as to any such claims will be fully binding on both the City and the Contractor, with no right of any kind for challenge, review or appeal in any forum by either party. Further, under (b) herein, any previous City Procurement Department Director's determinations on any such claims/issues shall then be fully binding and not subject to reconsideration by the City's Procurement Department Director, regardless of whether either party had previously rejected or otherwise not accepted one or more such recommendations at the time such were rendered. (4) The Contractor shall notify the CITP Director or designee in writing, within 60 days of the final acceptance of the work in the Contract by the CITP Director or designee, that the Contractor elects to be paid the "Bonus" which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgment of satisfaction by the Contractor of any and all claims, 121 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) — B-301828 causes of action, issues, demands, disputes, matters or controversies, of any nature and all kind whatsoever, known or unknown, against the City, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have as to work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of the Contractor's operations, extended or unabsorbed home office or job site overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, pertaining to, or arising out of the Contract. This waiver, release and acknowledgment of satisfaction shall be all-inclusive and absolute, save and except any routine City final estimating quantity adjustments. Should the Contractor fail to actually complete the Contract and obtain final acceptance by the CITP Director or designee, on or before the "Bonus Completion Date", or should the Contractor, having done so, fail to timely request the "Bonus" for any reason, and including, but not limited to, the Contractor choosing not to either reserve one or more outstanding claims for final and fully binding determination by the City's Procurement Department Director as set forth in (3)(b) above, or to fully waive, release and acknowledge satisfaction as set forth in (4) above, the Contractor shall have no right to any payment whatsoever under this Article. In the event the Contractor elects to exercise the "Bonus Payment" provision and should this provision conflict with any other provision of the Contract, the Contract shall be interpreted in accordance with this provision and it shall control. 122 Coconut Grove Waterfront Masterplan ITB No.: 13-14-027 (Regatta Park) ® B -30182B Coconut Grove Waterfront Maaterplan (Regatta pant) -1$2 ITB No.:1 3-14-027 ade'SpecificatlnnsL4 �_, T-777M CY:_. _,....,,�. g - Wttter'trtatri and Drsrlr p: Z'HbPWatprL(r1a,': _ Ll: 2050 S 13 xG;84Q', 45" HDOE stdrrn bt4in pip ,;... ,__.. LF -:25 S 7S S 1,G75' .. 24" Fictilfration trench:-.....:.._,„...�.m.......;. _- lF :,, 5p et'eatdd _ Fire H ranC fa $ae Rela ' b .$ - ... - Ta ata Into WrSMite _... :: ! 3 $ i F9p ?` 8,599 Z,WaterMeter 9 ._W .. 1 'S -2090 2" fiedutad preseura N3nkflow Owenter - EA 1Z' Trahch Drair x: � EA 4 _ itp9Castliiietstr etdres EA ---2 _5 ..8;990 ®:.... Mulch _ CY .: axa xs s a5s�u . , _x �: ,� Is 4rarc'(Y41-. raarEs; - Dnmolrtip'n 4 Aamovel of concrete sHma(k to be d6ohimad upas receipt ofsurvey Site )mprpvoroalm <EXistingtra)flc Panel and p04i roc.anon., Tobe confirrried upon receipt Of survey dtesiAM Oatf upon tIcOl'pt of survey Addttboal-ttemsthay be.addedt4 Ole Bid Alternate! ted(ua5ted "iiia Ad4lendutYt No, 03 Addend( rrr No, b3 Ctuescion k}' > pkcnrafMo Cdncrete (©ptiad Na. 2 r Bluth gogeeoioring) • Add $139,378.00 to overal(subtdtal One (tern I'dedth£ied above; Addend rn tors, 03, QUegiotJ412 NC6rat+beCOheret8 (hifiOPM No. a-'doncrate Wltitnut coiorm9) - peduat _0 X78.00 to overallsngtat3l line item ident3ti tl above, tAddendorn tJG, 03, Ov&.ston 418 -Tree AkeSton!e Mix 0,nd Mock-up stone.M�. - 3 Darts screening/, pat( itdo g(eve1)-Dedu4t $3,,,246,00 td de raliSub6 t8 IinefA"errFldenkliletf iibdtlea: "Note. Baspbid mC(udes rst mak-up stc ma MuI 's pzodted go QW -41 1he Wa tercplar'Grovel L tre Item identified above, @ID FORM:(Page 3 of 11) The sDreadsheet with Unit Prices is required to be submitted within the Bid SubmiM I.Forms. cocomut GkbvE WATERFRONT MASTERPLAR (,REGAIrTA; Mkpt) - MOXECT: O. B CoconUt Grove Waterfront Masterplan ITB Na.„ lm4�027 (Regatta Park) — B -30182B 2 2 3., 4 4 6 5 6 —7 7 10 1�0 CoconUt Grove Waterfront Masterplan ITB Na.„ lm4�027 (Regatta Park) — B -30182B BID PO (Page 8 of 11) items involving trenching and will, not be paid separately, They are not to be confused with bid iterrs in the schedule of prices, nor be considered additional Work; The Bidder further identifies the costs and methods summarized below, Quantity Unit` Description Unit Price Price Extended, Method Excavation of irrlgatior., plumbing & Etocilrical uflIities, Ln. Pt. 8, 54 r�. Ek. - 1r,99 Ln, Ft. e7t7, 52.901 Sloping W€hbd EXeavatlorr Of Storm DrainageTrench S6X pi to & E itkr�ationAren es q�Ft, 14,760 �q. Ft, 52 50fsq. fit, $ 36,900A(y� tflod, w E___ rca tati r e.± f Faatinq¢ Ln. Ft. 1,231 Ln, rt. $18,00/Ln. Ft. 2,158:09 Sloping Method Total $ 92%610.00 _ Attached is a Bid Bond tA,, Cash t J, Morley Order[ 'Unconditional/Irrevocable Letter of Credit,C ; Treasurer`s Check [ ], Bank Graft [, Cashier's Check ], Bid Band Voucher' ] or Oertified Check No. Bank of for the sunt of .Dollars The Bidder shall acknowledge this Bid and certifies to the above` stated in Part III and IV by signing .and completing the spares provided below, Plan's Na1yte: in Signature; t.HlaNameogh Printed leovanni'R.Tarafe I Prestdoot City/StatelZipGardens K.38018 Telephone No.:, %55574011 [mile.No.: 305-567N51,22 &Mall Address: jtarafa@tarefaconsttucribn.,corrr Social Security No. or Federal` Dean and l,C .Noy : 01-0772259 Bradstreet No.: 618931211,._ Of applicable.} If a partnership,'narrtes.and addresses of partners: NII Coconut Grove Waterfront Masterplar► ITS No.: 13.14.027 (Regatta Park) ® 8-3018213 1�tD FORM {Ilage'1U of 11) .Coconut Grove Waterfront Masferpia►a I7R Na.: 13.14.697 lRogatfa Dark) — Sw30182 BILI FOR (Page -11 of 11 91 Coconut GroveMaterfront Master"plan' = ITS Na,: 13W!4»027 (Reotta Pork) =- 88301820 sootto S. Mae hinents oh oohtracvangiro such l and within Aho tInIe. �pedfied, If th Oi dp t shall pay the City Etre iff rah l ween the otnouni p lifs d l sid gid and #h 6rrroumt for pith th6 City, rrioy, Proatra the re. j ufreO l rk id gufspt , if fly We( amount he Irt e O 10s of the f rm r, thea the � 1 u llgstl rr h 11 b U rfi + C i x cath l ntl t0 te'M01 4, full fore -'�qttii Virtue, surety Secretary : S U,44-027 ? / POA 4. Company Ownership a Identify all own6ts of the company, Name 'Title % of ownership Jl oyahhl R,'Carafa President 100% b. Is any owner identified above an owner in another company ❑ Yes ❑' No If yes, identify the turtle of the owner, other oompany names, and % ownership j,G.', hto(dinM LLC, 0 (Real Estate) Plneerest East, LU'C, , % (Real Estate`) . Cbvemo.nt, Co., LLQ, 19r6 Real Estate c ittefltfy all Individuals authorized to sign for the company, indicating the level of their a uthorlty (check appljoble boxes and f0t dther provide specific levels of authority Warne Title Signatory Authority All Cost No -Cost ether Jeovat7nl R, Tarafa � [� ❑ Roberto M, Tarofa. I - ❑. ❑. GArlos R. Torofa Q [] ❑ El ❑ ❑ El )Explanation for Other: _ {Notes, "Air refers to any type of doournent irioiuding but not limited to contracts; arnendrrient, chdnge proposal _ requests (CPP), change orders (Co.), notices, clal'rns, d sorates, etc. °Cost" refars -ta QPRs; CN, tJo�cost refers to RFis, Notices, and other similar documents) Employee information Total No,; of Employees:, 16 Number of Mang0.rlal/Admin, Erriployees, a Number of Trades Personnel nd total number per classifications (Apprentices must bo listed separately ror each classification) 4 u Journeymen Carpenters %'Metal FMftiers I Drywall IImiallersiFin isherss & Ironworkers 4 A onerel How many employees are working under HHB visaO None 96 Coconut Grove Waterl•rontAbsterplan ITS No.; 13 14-027 (Regatta Part) .-'B.10 8215 Has any owner or employee of the company ever been cenvieted of a. federal offense or moral r. (Agent) born 8 `06 Gbconut Grove Waterfront Masterplan ITS No,: 13 14.017 (Regatta Park) — 0.30182 B� Project Management & Sulacontra # Details I., Project Manager for this Project; a. Name; Carlos R "t'arafa b Years with Company: —6 Years c LicensesIC6rtifications:. Cela t500 6.. d, Last 3 projects with the company including rote, scope of work, + value of project; Meese sea atta Goulds Park Aquatic p:entar Pacllit�. keng+Iations, Project Manager, ` 1,7$3,6M00 documentation - dditfondt inforn Miami Metro Zoo m Ple , roUnd Exlhlbit- Lakeside Pavillion, Project Manager, $x,106,872.06 regarqiing our Pit y9 i completed projE ncfudos `a detat TG.K Gorrectlertal Faclity�- Cooler & Freezer (*eplaoe hent, Project Manager.; 81,2391423,00 or Work for eact listed herein, Subcontractors: Narne Trade °la of`Work License No. Certification* f'`r vtt' r ve �a�4p U}i1�1� 5 I✓Tfl4tQV« 4C4�tDY1�a .�j ("salve certifications of corlmuntty stnill business enterprise & narne of certifying entity) Scope of actual construction work to be performed by your company and the corresponding percentage of the Work; ("his does nb include such items as insurance' bonds; duh*sters, trailers, and attl'er similarnon- constructiorr:work ftetms) Please see ottochbd docurnentation for adidonal lnformatloosregardlrrg our firm's Cts Curreint.and Prior l xperlence. Curreant grid Prior xPerience,. 1 Current Experience including projects currently under construction, recently awarded; or pending .award (provide an attachment to this questionnaire that lists all such projects; including the owner's name, title and value of project, scope of'work;, projected or actual start date, prejected completion date, and number of company trades personnel assigned to the project) Please see attacFied title "Project Experience - ongoing Projedts prior Projects of a similar size, scope and . Provide an attachment to this Questionnaire that Includes Con -Meted Projects the Proposer considers of'a similar, size, scope and complexity. that the City should consider to deterrriining the tuders resportsiveness an responsibility. This attachment must include- the project. that meets the minlmurn i the bid sdlicitatioh, Information provided must include the ov,rne person, Including telep-hono a e-mail, title of project, location of ficial cost of the ,project projected and final timeframes for core number of company trades personnel, by classification, that we delivery metI4od, including, but not I MItod to; design -build, CM to be identified for each Project. If thereit a difference betv PleA~ o see attached ttlod "Project, Experieha - Completed Pro—JeoW' - Mut;r ui pluact,t� luu{3ultt;u uy 5 nage , address and contract roject, scope, initial' value and 1,tion in calendar days and the assigned to the project; The Risk, peslgn-Bid-Build, oto, is en the initial and ficial cost or 98 Coconut Grove Waterfront,Masterplan' IT13. No.: 13,1-14-627 (Regatta Park) " B -30182B a an Coconut Grave `t+Vata.rfron,.t,milsterpla" ATS Noi, 13.14,027 (Rooatta lurk) —S.:Mlg,-28, 100 Coconut Grove Waterfront Masterpidn (Regatta Park) — •30182B ITB No.: 13A4µ027 'rCIP of Xaln' DANIEL J. ALFON 0 City Manager To Whom It May Concern Subject: Reference Letter Name of Bidder: .-aJ,,, The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you providethe fallowing reference information. We would appreciate you providing;'he information requested below as well as any other information your feel Is pertinent, Marne of Project: Goulds Patk Aquatlo Center & Facility Renovations A new addition to the exfbting pock house build ing including renovations to the existing pool house building, Scope of work; newwater actiult 0 ooCwith a waist la feature rnodern`�ation of the pot)l eouutpr�rtent far the exit hg p�ngoal, new an seae rr�prc�vements, stee picket et enc ng, walkways, lighted parking T lot, an she- e, canopy structure Value of project: $_, 1,753 58000 mate Complefed; hJoyernbar a, 2oi Percentage of physical construction work self -performed by Contractor:45 °IA Was project completed on time & within budget. ❑ Yes No If no, was the contractor at fault or contribute to the delays) or inr eased cost? El Yes No If yes, please provide details. Comments: Thank you for your assistance in helping us'11h evaluating our bid solloitation. Name of 'individual completing #hi for" ui(lorrno "ena, # . pate: t,4 icgnatur Title Construction Manager 2 `telephone:. 305- 65o,7N,4 E-mail, vtiille rnEathiriade.t7civ f3incere. ly, Mark 8panloli,;P,P4, Director' Capital improvements Prograrn 99 Kinloch Park Suilding Addition ITB No,: 14LJ6�005 To Whom It May Concern Subject; Reference Letter (UP of Atamt Name of Bidder:vc DANIEL J. ALFON,50 City Manager The above referenced contractor is submitting on ia bid solicitation that has been Issued by the City of Miami, We "require that the bidder provide written references With their Bid submission and by providing you With this document the Contractor is requesting that you provide the followincg reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Prk>ject! ZOO Miami Playground Improvements & Lakesido`Pavllion Relo6atooXisting trees, Remove existing (fees and existing playgrounds end walkways, opnsrru:et a Scope of work` new Lithocrete s lash ad w(fh serard la features and a new d (a round with I€� round egtafpmen�es ant p used In place surfacing, and dons rug ion Or M new LMMOO F;avillon, ; Value of project; $ 1rr6 872.Dt} patie Completed; May 25111, 2012 Percentage of physical construction work self -performed by Contractor! 5 % Was proieot cornpleted on time & within budget, [1 Yes No If no, was the contractor at fault or contribute to the delays} or incZ84 d cost's ` Yes No If yes, please provide details, Comments. Thank you for your"assistance in helping us in evaluating our bid solicitation. (Marne of individual completing t f m„ uillermo Dena, RA Date;1111SAiM SignatU �" Title, construction iyanaoer 2 Telephone, 30 755 l �rnail; wlPlleta. rnie ridada oy Sincerely, Mark 5panioll,-.P,L,, Director Capital` Improvements Program Kinloch Park Building Addition .99 }S ral+ach'l cls Suilding Addiflot ,: Mg No.: 045-06 99 Kinloch Park Building Addition (TB No,, 1.4-10-006 Kinloch Park'Building Addition ITS No.14-1"05 i Nit Curfin dess.iacii Maintain art office withlrn Juris0i0tional SUPPI �fUi13NT TMJ I31D FORK Boundodos hated OFFICE:ANWRLOCATION AFFIDAVIT (Pagel Iof 3) betbw Please typ6 or print clearly, This Affidavit must be Completed in full, signed and ;notarized ONLY IF YOU MA114TAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY CSF MIAMI j AS 0 FIND Y QITY CODE. SECTION 13-73. i LegaI Name of firm: Entity Type; (Check Ono) .D Partnership sale Proprietorship r] Corporation I colrporation b0curnerit No: Rete Established Oecup tionai" L,lcense No, gate cif Issuance OffroeHl oatian." Eft °blish`rt►erttjiTlie lde[3i"ride, ': PRESENT street Address: - City; state: How long at this location: PREVIOUS Street Address, Ci#y; tate How long at this *lacatiaW Apeordimo to Section 1373 of the City of "Miami Cade, as amended-, City of Miami "Local Office" means a business within the City which meets all of tha following'' criteria: 1) Has had a staffed and fixed office or distr bution,peiintI operating within a "permanent structure with a verifiable street address that is located within the corporate limits of the city for a rninimunl of twelve. (1) months Immediately preceding to the date Fids or proposals were received for the purchase or contract at issue; for purposes of this sectlon, "staffed, shah mein "vedfiable,;full,tlme, ont.. employment at. the local office Tor a minimurn of forty (4Q) hours por calendar`waek, rhether s a" duly authori2ed employee, officer, principal or owher of the local business; a post office box shall hot be :sufficient to oonstitute a local office within the city!arca p 2) if the buslne s is legated I the pormenent struotore pursuant to a (ease, such lease rnu t be in writiN, for-'a term of .no less than twelve (12) months been in effect 7fcrr no less than the twelve "(12) month's immediately precedlrtg the Acte bids or proposals were recelved, and be avallable for review and approval by the chief" "procurement officer or its designee; for recently executed leases that have j begin in effect for arty period fess than the twelve (12) rrtonths irrimadietely p"receding th.e" date olds or I proposals were received, a prior fully executed' leaso within the corporate limits: of the city that I documents In writing continuous business reslodnce within the corporate limits Of the city for a term of no less titan" twelve (1 ) tnonths immediately preceding the date bids or proposals were received shall be'acceptable to satisfy the requirements of this section, and shall be available for review- and,approval I I:o' Cot anut Grave Mterfrc nt Masterplara ITS No.; 13, 141027 i (Regatta Park) — l3*301028 Coconut Grove Waterfront Masterplan (Regatta Park) -«'0-30182B 104 ITS No- IM4427. THIS -FORM MUST 8E COMPLETED BY B[DDERSIPROPCSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTE.RPRISE PROGRAM-GSBE' a i Name of BidderflProposer. J R.T. 0onstawfie% Co. Contact Person.: Jenvann€- R. Tarafn Address: 3357 NW 117th Street, 1 fiateah Gardens.: FL33018 Phone No.: 305-1557-99-1` 1. Project Name Ccicont€r Grove Waterfront Master tan {Regatta Parr} project E�lU�lber. 'B 30.1 21i Contract DollarAmount: t r - 15° ' GSBI= loflar. ArrtourJt '% 35 Name € f Prime Certification Certification Type of CSBE wi rk to be Bidder's self _ Total Doltar ($) Amount of Bidder/Proposer No. (if Expiration Date performed by the Bidder'(1f performance Bidder's self performance applicable) (if applicable) applicable percentage of Contract. clue l J -FT- Construction, Co, 1 94-9613Q12fl 7 acwg ,: } °vim ; its- ! The undersigned intends to perforrn the fb llowing work in connection vuitfl the abova co, bact, Marne of Sub -contractor Certification Certification Type of CSBE work to be Sub -contractor Total Dollar ($) Amount of leo, performed Expiration Bate performed by the sub- percentage; (%o)sub-contractor's CSBE contractor of Contract Value ` requirement I certify that -the repr.esentatiahs contained in this form are true and accurate to the nest of my knowledge i aftirrrt that l wit enter intosutrcontracivat.agreemenC{s) v&h the above listed CSBE sub -contractors) if awarded this contract_ Copies, of the agreement{5} Wit be immediately made avatiable o the City of Miami as required. i J.R.T. Construction, CO.,I j1 RT. Canstructlok Co. President me Bidder/Proposer Sign ore bate Prime BiddertProposer Print Name Title r le�vaorzi RTarafa The undersigned' leas on and uncommRted capacity sufficient, to provide the required goods::or services, all; licenses and permits necessary to provide such goods or services, abithy tb obtairi'bond ng that is reasonably required to provide such goods consistent'with normal industry practice and the ability to otherwise meet the bid specificaiions• Sttb-contractor Signature Date SUb�contractor Print Marne Title: IOC Coconut Grove Waterfront It asterplail ITB No.:. 1344-02T (Regatta Park) - B-301,8213 Section 0, Contract Execution form THIS Contract made this day of in the Year 2015 in the amount of .._._..byand between THE CNTY OF MIAMI, FLORIDA, hereinafter called the "CITY," ands, .T, oomtruction, C,o.,.heroin after called the "Contractor". IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. Florida WITN S.S/ATTEST ,tAIT, onstructon, Co. ,aa.XXXXXX rportion g Si notate 9 Std at re' Raherto- . Tarifa, of i irrancial t Ricer 71 feovann;! R. Tania. Pres debt Print Nannie, 'Title _ Prin Name, Title of Authorized Offrcet` or -Off -01 -al ATTIEST; (Corporate Seal CONTRACTOR Secretary (Affirm 0.ONTRACTOR Seal, if avallable) ATTEST; City of Miami, a municipal cororatlen of the State of Florida Todd Mannon, CNty Ciera i7aniei J. ANfcansQ;City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM ANC REQUIREMENTS: C0RR CTNI^SS; Ann -Ma' rie Sharpe, 6'i. reo or Vic. rii Mendez, City Attorney Risk Management Deportment Y1 ik s- � NF d. � Yui Of � \R CITY Of MIAMI Provide the follawing inf&m€ ton fbr ar-h � trcontrzttbr rL-gardiess of tier:' Attach adc�liona sheets if he:cessary. Fur ca : of Doi tar Name of Business Percent AddressfCity/Statel,Zip License Wor nation— smess GerUfic It 6rk AmoVint Robertson RUbberSurfaciog,' :$57,915 �sos.aurF.s�a�nu�.F���€a�a���c3s3�s GGA 0385-54 All Green Nursery Lartciscap Al Yigafls $1,34,5,826 4700 SN -2-4 StreeL Pfincetou. VL "CC 08POCY039 . Hlgzmrer BieeEncai Gruutr Electr eal. $ t,#8 854 3 iY1+ 3t Ruersus; .Lauder tie EU 9v, Re{ samces Playground,equip $30,27 -'BC 1254730 e. NumbeT SBI=; Ru zTran euetopmertc„Carp .Site CllilifieslPavin 4Z,4:j,3,Z5-r P,Q Box,96004Q, M€ami, FL13329E Ct1c '12236$5 Q ' ROY61Fenn�e & Ewip $7'.377' 5500 a -IN 74 AVenae.10,arCwl FL33466 cc, giaiiw,�9577 .perrp"L pavers Pavers $277,b7f s2& 9A.'sud,R. Lauder a(s. l33Ho1 CBC ' t�979Q8 Q Rbberisarr Receeafian�l SurfacesSynthebaTurf $2-7,100 53D8it15 5i lvenue F! ! e dhrdafe, Pc 3 37'1 CGC 038354 Q Best Rottingdiets, Rolling Door $2,200, 79Aw, 600014586 �✓ Robertson RUbberSurfaciog,' :$57,915 �sos.aurF.s�a�nu�.F���€a�a���c3s3�s GGA 0385-54 All Green Nursery Lartciscap Al Yigafls $1,34,5,826 4700 SN -2-4 StreeL Pfincetou. VL "CC 08POCY039 . Hlgzmrer BieeEncai Gruutr Electr eal. $ t,#8 854 3 iY1+ 3t Ruersus; .Lauder tie EU 9v, Re{ samces Playground,equip $30,27 -'BC 1254730 Coconut" rove Waterfront MmsterplAn " Addendum 31 Bid ( egatt Park) - 8-3010 JR.T. CONSTRUCTION, CO. 0 E R A L C 0 IN. T IR A C> T 0 R OV NA 117 STREET * HIAL;zAH. GA.RI, t.NS, rL $$01$ + VU t305)'657 -9991`i IwAX, t3M 5$ 9922 January 201 City of Miami SUSMITTEE] VVITH Blip 3500 lean Attior#can f" (1) l k9e(s) Total . Miami, �'L X3130 e., Coconut Grove Waterfront Ma terplan (regatta dark) Subject. Legal rtaeeittgs –;l.i.�". Ganstrutiean,. o, t awsuifs Goer Sir or Madame--, (?lease allaW #his (atter tbs�arvd ss additional information regardtr'ig lawsuits filed against our cbmpany� i RI.. Cori strudt on, Cu,.;,(herein after JRT) has boen Involved !none lawsuit since its Inooption On Mardi# 12, 2003 over dlev ri years ago. Herdln below please find additional Information with respect to this lawsuit: Pro'edt Name. Gwen Cherry Park New Bleachers & Site Lighting '. Plaintiff: Miaibi Grandstand Enterfainrnont, Corp.i(Subcontraotor). DefehO, t° J R.T: Construction, Co. (General Contractor) Case blame; Monti Grandstand Entertoinrnbnk cprp. Vsi J',,R,T. Construetlon,:Co:,. Case Hume eti 12-19 80CA08 - Date Filed: May 17, "2012 Name of Court 11 Judicial Circuit in'.and for Miami -trade County, FL � --- . pf Case, civil _ Amount in dls out Claim was fried for an amount in excess of 15,000 i (1 Cialrri rir pause of Plaintiff`isalleging that JRT.braachddtheubcant'racYAgreemen#betweenthplaintii Action: and AT. Brief descelp,6 0 of . The.Ownei` (M arni'Dade 0ount,0 and. the Architect (Ferguson. Glasgow Sdhuster Soto the subject moat f* Inc.) declared the Subcontractor's work (Blucher Systems and handicap ramps) as being, deficient, because it did not complyWith the roquirementsof the 'Contract - bommerits and the Code. JRT agreed that the Subcontraoto°'s was deficient and issued the Subcetntraetor multiple notices demanding for thesubcear°tractor bcorrect the deflcient work onsister t with the terms and cohditons of the 5ubcontraut Agreement. Despito issuing repeated notices to the uboontractor over a tori calendar day period 6h,e projectwith liquidated damages, the subcontractorfailed to correct Its awn d'eflcient work Arid abandoned the job resulting In the termination of the Met urofi 4R,T`..CON TRUCTkOM,*G' . Juno $, 20,14 Bert' No, 11949 ��t�Raoza Yai+i�'lGa CBS certitioakh 16 N61711 Parerltee of Work} but it enables the flan to compete fqr, and perform, cantraot work on all '"U DOT Federal. Aid (FAA, PTA and FHWA) projects to Florida as e i�RF� ootitratts�r, sub- contractor, oonsuitant, subµoonsultant or r"tarlai suppiier, lf, at any time, there is .a material pharige,irl your firm, your 't advise this 'Office, by sword affidavitand supproding d, pot rrmemntatfon,'withln thirty (30) ;days. changes include, but aro not limited to, bwnarship, c ffi ers, directors, rnartagr rnent, Key personnel, soopo of worlt per' orrneri, daily aparatiorls, on-going' business relationships with Othar firms„ or individuals or the physical incation of your frrrn. After our review, you Will redeNd instrUctioris os to how you.should proceed, if neoessary, Fallure to do to.w1o'bo deemed a fdfCure an your part to r operote and will vault in action to remove ypur 'firm,s DBE owtification. Quastions or concernsstiortld pe directad to tris office by mail at teleplione. Our telephone nUirrbar #s (306'315 : 111 and fsx'nurr oer ls. (o y 375-31K incereiy, Keary Ha11 ritfeld, Wisio tSireet' �rxrafi t3usinss i��valopment �lvisierl NAILS Industry T rife;,(Yaur fif.m is eligible to obmp6te for and porform workohx-all t.lSOOT raders) Aid prajeots 1hro lghn: ut IW lorida and may Barri DBE of ACOBEcredit f'ol"vsO "perfOrMbd in°the folloOing areas,) 2861i6_ New SINou�;FAmv HC USING C6N8.TRUCT'lON (EXCEPT OPeWIVE BLIIr, 8rks) (09E) X361,ta•'Ww MULTIPAMlLYHOUStNotoN.STrtut "LION (r=XCEF'`T`C pp.E A'TIVI BuiLt)bk�j fl*e 236117 - N5W HOUSING OPERATIVE- PERATIVE BU9l.MkE (DOS ) ��tti! a- hESIC)BNi"iAi,. �i4t�t�>~I>=l�S tl�sj X9,021 1- INDUSTRIAL Btllt,aiNO OQNSTRUOTiON (r)BE) 230220- C OMMCRCIAL ANC) INSTITUTIONAh BUIL6lNb CON8TRUc IQN, (DSB) 237"11 Q WAT'El'#,A�It� EVSrI�R LINE Aidl� R�LATIwD �T'RUCTtlRB� CrJNSTRUCT(QN (DSE) 23011 O - POURf Q CONOReTB FQUNt)ATION AND STRUMUR MpCTUIt pqe) I X3&'12(1--TRUO:rU'iALSTEFL,ANE)PREC,A5TOdf4o i-'� ,.i 1W,C 2 8010, MITI~ IPRBRAFYA7fbi4 60NTRAC' ORS (DOS) Yttitllifipx0 r 2i�f9tM office et 5cof)w)k oppourtlty+ Su ldin • 145p ISI E 24d Avenue Salto 428 K tNiami. FlOdda 4132 ILIA, . M ALL BS FNESS AMlNy RA`IO' WASHING TON, C.C. 20416, August 34, 4i' J'eovonri k'Tarafa,'President;; J,R T Construction Co ina. 8857 NW 117th, Street Hialeah Gerd6r s; Florida 33018-1 946 Dear Mr. Tarsfas Oongratulationsl Your firm has been certified .as a Participant In the U.'s. Small Business Administration's (88AY" 8(a)BusIness DevelopmentiProgram. Your'nine (9) year program term begins on the date of This letter' wring participation in the 8(a f3usir eas Davolopment Program, you will receive business development assistance horn an assigned Business t evelopmen=t Speo allst at the 5130 South Plorida distridt office located at100 Souih Siscayn Blvd, 71h floor, Cuiiami l"L 3 1 n The phos e numb is ( 58) $8 1 Your firm will become eligible to receive 8(a) Pusiness Development contracts after you submit a bosinesa plan. using -BSA Form 10100 and receive SBA's p"proud of the plan..�Ne are sending a copy 'Othis eertifloat"fon letter to the SBA South Florida District Office. "hat office will send you the business Mari form. SBA rewires that tho'0(a,) particlpant s President, or Chief Fzxecutive Officer sign a Parllclpatloh Agreement to stiow that he or she undorstands.tho oonditions of 8(a)prbpram particip tion..l lease read the Agreerrierit osrefuily,; sign and elate one copy and return ;it `to the 13A Lauth Florida District Office at the address shown in the second paragraph above. The second copy is for your records, 'eVenr though your firm s -approved forth American Industry Classification System (hIAIOS) Code Is 2832,20; your firm. May be Owar d"oontraots ander other NAiGS Opdes, as long as your firm is qualified to perform Ili requlred ser�rlce or task, tri this regard, please tioto that oontracts aWarded under 8 (a) Business perralopment Program authority generally result from the aelf4barketing efforts: of particlpating fir a> W11116yourfirrrr e so�ceptance into tha:3(4) Business Development prograrri is not a guarantee of caritraot support, 98A''+rill. mane oyery effort to assist you it your marketing efforts. welcome rpu as an 8 a Buslr oss Develop olit program participant and wish you every pos lble success. X30! Gun Chita Road, wbm,Palm 9 Mailing Address: 'P,04 Oaf J.R"i*, cons trildlon, Co. 857 NW 117th; Street ai kCUGH?A6ti c'iukr,fi�riPU9 i'ilaieaii hardens, 5L,33019, 's5us sou,. Qal,�iic>nit �3xes�, fif„ 3313' meatWTaraf *. �p'A7acamrbs Congratulations! The Broward College Office df Supplier Relations & blversitY has- �OOtl �acan�l�reak Bld�l. anu[cr_ret fL deterrhined flrat JXT, Construction, Co, is certifi d as- a pVlirtority�Wom n i3usiness Interorise. We have received and validated your firriet certif cati- n documentation frr�rn the Schd si Board of groward County puasrac tirsxnlU r s sarrrt} cA' irUs tmo malianvaaojVivo BMI `Cour M,/WOE cdrtificeti0n with Braward College will expire 06 1/2�I2i���. r�aikraieVtac f'. &oz- E?Uring fife rertiification perlod you arexegUire to rn lntalrt current contact r,c�iTcn nforrriti�at 1'or your firm With grnward (0114 if chanes in yrur 1�rrn's 'School 165x5hcaiskan5t. Pembrai Moos, Fr '3331 control ownership and managerial/operatlonai const i QccUr pleas notify the Board of Broward CouriWs U'ppifer Diversity and 04treach Office.;, rvpk6'14csn1�1 1•SmlaviHwi ���d, As a coit!Nd 1Y -MU, your ci�r���ny ��y also be eligible for growa.rd College`s MMU, it�5lsn. �a3A SOB pr�ograxn; o to www broward edg pture� to complete the Small Disadvantaged 'gusiness appli>watian. . �UUxa:vstc�.urUlFri�'r�v`� t+�,cttLN� �GNrlrn Broward College prravind procurornetit ,sal suierriszr fi"r'�, r> �a online s ww�nt br war .edU . tg ure Ui his fink also gives you opportunities Vehdo 17irecterV, ani the Seahawk Sourcing 5ystein for access to the CertifieO "registratia'n, All. current and potential y da rs fc�r the r�r �c�wla c u supplier mart ement:�nd 'A5QdvwComerm. c?liege mustcctmplefe the registratlon process. 11iTrin5ttYe FL 3tl 5 if'ycru have any questions please contact the suffice of S-Uppiier Relations rrctncartcaxt mver37ityat. 4720148,98orei-60&00 Sroward.edu. l2£t"Ti,�c1T]C�h(aCL G'lor`f T I:R 5SOCuLtsSi'cani tYHy? aincereiy; t Shirley CaifteY C iredor,SupplierDiverisiiy ,AN tODALACCV SYA�uAL't}IPgRfiJC�lIL11�5TR17nDU7 't: s"t! �� �.., �„�;.,,:' .., �. _ X ':�-.: .$. •.. �_ "`i"�Y.rr...�.,, _ �a�,in;r:. �;.. w'k:s�:�e'z�k�. ,.�aL 2''a�.�, ... _. :L . _ � .+N'�r""„ sem;; _ .. f „.�,,.. ,. �� �� `;,'^w, � y/'— .�� a:. LN ,.:J..R,,T, CONSTRUCTION COM E N EN T R A C T 8:85.7 N.W. 117 Street. Hialeah Gard em, FL 33018 -'Tela 305.55M 911 4 Nut 305-65 .99 y '�.=a,. k �.. e �A057 NS A'%� 117 M*eet HIAWh Oardeosi 111301-8 16 -105-557-0011, W%305-50-9 sJuminu'rnhandtallsw lnstaii epoxy paint to the need Installed piping.. pR at)aternent t ye existir $onthe ex,!@ng6±R woh of new HVACduct 2R\ R new \«§fixtures with near f! %ser now 1 CONTRACTOR: J.R.T. CONSTRUCTION, CO. ARCHITECT STANTEC OWNER: K4IAMl-DADECOUNTY PARKS & RECREATION DEPARTMENT CONTRACT AMOUNT: $1.753.580.00 The scope ofthe work consists offurnishing all labnr, equipment and materials required for the renovations and additions to the existing 10,000 square foot pool house bui|ding, e new swimming pool with new pool equipment, water p|oyfeutuva and pool deck. Also included is the refurbishment of the existing swimming pool inclusive ofnew pool equipment, o new pool heater. lifeguard chairs, aquatic lifts, ADA Aqua trek ladder, and new diving blocks. The work includes new fencing around the new swimming pool, a new fenced pool equipment enclosure mom' new walkways and concrete pads, new site 8ghUngfor the existing parking lot and pools, traffic marking for the existing parking lot, shade structures, electrical work, HVAC work, plumbing, and new landscaping and irrigation, CONTRACTOR: J.RICONSTRUCTION, CO. ARCHITECT: C3TS OWNER: M|AMI-DADECOUNTY PARKS QRECREATION DEPARTMENT CONTRACT AMOUNT: $1.621.607.10 The scope of the work consists of furnishing all labor, equipment and materials required for the now landscaping improvements, renovations and additions to the existing 10,000 square foot pool house building, a new water activity pool with a water play feature and new pool equipment that is to be installed inside a new steel picket enclosure, new pool deck, modernization of the pool equipment for the existing pool, selective demolition of the existing bathhouse building as required to perform new renovations of the 10,000 square foot pool house bui|ding, supporting haci|itimu, walkways, a lighted parking |ot, new canopy mimo|ure and all associated utilities. CONTRACTOR: J.R.T.CONSTRUCTION, CO. ARCHITECT: FDRBBSARCH[[ECTS OWNER: K4IAM|-DADECOUNTY PARKS QRECREATION DEPARTMENT CONTRACT AMOUNT: $2.106^872.00 The scope of the work consists of furnishing all labor, equipment and materials required to relocate existing trees. demolish the existing dry and wet playground equipment, existing walkways and existing concrete splash pad as required to construct a new dry and wet playground, lakeside pavilion, splash pad complete with a new automatic filtration system and new spray 'nplay features. The project also includes new exhibit signage, resilient poured in place play surfaces, shade canopies, custom fabricated exhibit features, new playground equipment, fencing, colored concrete walkways, Ldhocrete concrete sidewalks, concrete curbs, asphalt paving. landscaping and irrigations improvements and other associated elements, The scope of work also includes the construction of new lakeside pavilion canopy, which includes the demolition of the existing canopy and construction of new structural steel canopy. The construction of the new canopy includes new footings, concrete slab neotora\iun, landscape raotonation, standing seam roofing system complete with new guttn(a, downspouts and rain water |aadero, tongue and groove decking with ostain finish, plywood deoking, an acid stain finish floor system to over 12.00Osquare o[existing concrete walkways and new electrical work. GWEN CHERRY PARK BLEACHERS & LIGHTING MIAMI, FL 33147 CONTRACTOR: J,R,T, CONSTRUCTION, CO. ARCHITECT: FERGUSON GLASGOW SCHUSTER SOTO, INC. OWNER: MIAMI-DADE COUNTY PARKS & RECREATION DEPARTMENT CONTRACT AMOUNT: $1,141,725,00 The scope of the work includes removing and disposing of approximately 2,700 tons of contaminated soil, import approximately 2,700 tons of limerock fill to prepare the pad for the installation of two new concrete slabs on grade and two (2) new sets of pre-engineered custom galvanized steel bleaclicrs of 400 seats each, new concrete sidewalks, new site lighting throughout the park, site clearing and associated earthwork, tree protection, chain link fencing, asphalt restoration, traffic marking and signage, and landscaping. PINECREST, FLORIDA CONTRACTOR: J.R.T. CONSTRUCTION, CO. ARCHITECT: THE RUSSELL PARTNERSHIP, INC. OWNER: VILLAGE OF PINECREST CONTRACT AMOUNT: $1,200,000.00 C01IStrLiCti011 Of a new restroom building, park manager's office and storage room, installation of two Bermuda turf soccer fields, athletic spoils lighting, pre-engineered aluminum bleachers. a 30%0" X C� 42'-0- tot playground, new asphalt parking lot to server the above facilities, new landscaping, new irrigation system tied to a water well and city water system supply, construction of new walkways, installation of exterior lighting at parking lot, construction of a septic tank and drain field for restroom building, water utility connections, tree removal, site clearing, and other related improvements. MIAMI-DADE COLLEGE — BUILDING 3000 — SCIENCE LAB RENOVATIONS MIAMI, FL 33176 CONTRACTOR: J.R.T. CONSTRUCTION, CO. ARCHITECT: GURRI-MATUTE, P.A. OWNER MIAMI-DADE COLLEGE CONTRACT AMOUNT: $2,144,580.00 The project includes renovations and upgrades to the existing laboratories of approximately 14,500 gross square feet of interior space occurring at the first and second floors of the buildings west quadrant, plus impacted roof areas. The project includes a new roof -top structural steel structure to support the new mechanical equipment which includes new exhaust fans and roof top air conditioning units, new HVAC controls, upgrades to the existing Fire Alarm system, roof patching and roof repairs as incidental to the work, new interior finishes, new mechanical, electrical, and plumbing installations, ffin-ilshing and installation of new fume hoods, and repairs and closure of existing fire -rated partitions, LN JRb R,,T, CONSTRUCTION, CO. G E N E R A L C 0 N T R A C T 0 R t M_ tire W_# PELICAN MARINA UTILITIES REPLACEMENT — (ONGOING) Project Locatiom 1275 NE 79" Street, Miami, F133138 Type of Project: Conventional Construction/ Prime Contractor Owner: Miami -Dade County Parks & Recreation Department Owner Contact/Reference: Mr. Byron Dowell — (305) 755-7810, — bdoweLl@,rrii@mLd.gd,g.gov Architect: Stantec/Corzo Castella Carballo Thompson Salman (C3TS) Architect Reference: Javier Salman — 305-445-2900 — isalmagp_c3t.s.com Project Amount: $2,253,599.40 Project Duration: 440 Calendar Days from Notice to Proceed Date of Completion: January 4, 2015 Project Disposition: Substantial Completion was achieved on January 4, 2015, Punch List work and Project Closeout is ongoing. Description of Work: The scope of work consists of furnishing all materials, labor, services, supervision, tools, permits, equipment, and all other items necessary thru out the marina including but not limited to repairing and replacing existing utilities, performing concrete restoration work to existing cracking and spalling concrete, replace existing double tee pre -cast joists with new double tee pre -cast joists, new fire hose cabinets, new boat cleats, new power pedestals with hose bibs and lights, new decorative light poles with concrete bases, and concrete slab on grade, asphalt and sod restoration as required for the installation of the new utilities. The existing utility replacement being performed in Piers A, B, C, D, the Courtesy Dock and the Fuel Dock consists of replacing existing water and fire lines with new water and fire lines. The concrete restoration work is being performed thru-,out the entire marina based on a unit price basis for concrete cracks and spalling concrete. The existing double tees at Pier A are being demolished and replaced with new precast concrete double tee joists with a new concrete Lopping over the new double tees precast joists. The work is being performed in stages/phases to provide for public convenience and avoid disruption to use of adjacent areas of site and adjacent properties, AMELIA EARHART PARK SOCCER COMPLEX - PHASE I — (ONGOING) Project Location: 401 E. 65 Street, Hialeah, Ft- 33016 Type of Project: Conventional Construction/ Prime Contractor Owner, Miami -Dade County Parks & Recreation Department Owner Contact/Reference. Mr. Byron Dowell — (305) 755-7810, — bdowell MiamidadeAov Architect: Miami -Dade County Parks & Recreation Department Architect Reference; Fernando Marquez, R.A. — 305-755-7847 — MarQ raiaDLiqade.ov Project Amouft $3,387,324.00 Project Duration; 360 Calendar Days from Notice to Proceed Date of Completion: May 07, 2015 Project Disposition; Project is ongoing and is currently 65% complete Description of Work: The scope of the work consists of furnishing all labor, equipment and materials required to build a new soccer complex consisting of two new Bermuda sod soccer fields with athletic sports field lighting, a 6,000 square foot recreation building consisting of a snack bar, restrooms, office, meeting room, and storage rooms. The project includes removal of existing utilities, existing trees, tree relocation, tree protection, relocation of fire hydrants, a new picnic pavilion, a flag pole, soil mixing stations, three bleacher pads with shade structuresfor the new bleachers, new landscaping, wood access control fencing, storm drainage system, new water and sewer systems, over 15,000 sq. ft. of new sidewalks, decorative concrete plaza and breezeway, new asphalt driveways and approaches, traffic marking, signage, and wheel stops, new irrigation system, irrigation well, "I J.R.T. CONSTRUCTION, COW fie new irrigation pump system, soccer goals, chain link fencing, structural steel, trusses, architectural woodwork, sheet metal roofing system, insulation, doors, frames and hardware, overhead rolling doors, impactwindows, stucco, drywall and framing, acoustical tile ceilings, painting, louvers, toilet partitions and accessories, fire extinguishers, plumbing, mechanical/HVAC, electrical and lighting protection systems at the new recreation building and picnic pavilion, CONTRACTOR: J.R.T.CONSTRUCTION, CO. ARCHITECT: STANTECARCH [TECTS.INC. OWNER: MiAK4|-DADECOUNTY PARKS & RECREATION DEPARTMENT CONTRACT AMOUNT- $2.253'699.40 The scope of work consists Of furnishing all materials, labor, services, supervision, tools, permits, equipment, and all other items neoeaaarythm out the marina including but not limited to repairing and replacing existing uU|ibeo' performing concrete restoration work to existing cracking and spaUing concrete, replace existing double tee pre- cast joists with new double tee pre -cast joists, new fire hose cabinets, new boat cleats, new power pedestals with hose bibs and |ighim, new decorative light poles with concrete bases. and concrete slab on grade, asphalt and sod restoration as required for the installation of the new utilities. The existing utility replacement being performed in Piers A. B. C. D. the Courtesy Dock and the Fuel Dock consists of replacing existing water and fire Unaa with new water and fire lines, The concrete restoration work is being performed thru-out the entire marina based on a unit price basis for concrete cracks and spelling concrete. The existing double tees at Pier are being demolished and replaced with new precast concrete double tee joists with a new concrete topping over the new double tees precast joists. The work is being performed in stages/phases to provide for public convenience and avoid disruption to use of adjacent areas of site and adjacent properties. CONTRACTOR: J,R.T. CONSTRUCTION, CO. ARCHITECT: MIAMI-DADE COUNTY PARKS & RECREATION DEPARTMENT OWNER: MIAMI-DADE COUNTY PARKS & RECREATION DEPARTMENT CONTRACT AMOUNT: $3,387,324.00 The scope of the work consists offurnishing all labor, equipment and materials required tobuild enew soccer complex consisting of two new Bermuda sod soccer fields with athletic sports field lighting, e6^O0} oqoone foot recreation building consisting of snack bar, naatronma, offica, meeting rmom, and storage rooms. The project includes removal of existing otUit|es, existing tnaeo, tree re|ocotinn, tree protection, relocation of fire hydrants, a new picnic pavilion, a flag pole, soil mixing stations, three bleacher pads with shade structures for the new blaaohem, new landscaping, wood access control fencing, storm drainage myatew, new water and sewer systems, over 15.00Osq, ft. ufnew sidewalks, decorative concrete plaza and breezemmy, new asphalt driveways and opproanheo. traffic marking, siAnage, and wheel otopu, new irrigation system, irrigation well, new irrigation pumpmystem. soccer goals, chain link fencing, structural steel, trueaes, architectural woodwork, sheet metal roofing aystem, inmu|abon, doors, frames and hardware, overhead rolling dours, impact windows, atu000, drywall and framing, 000uaUue| 0e ceUinga, poinhnQ, louvars, toilet partitions and accessories, fire extinguishers, plumbing, mechanical/HVAC, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ii w M F21111CF-An MAU 01-4 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com, There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters an learn more about the Department's initiatives, Our mission at the Department is: License Efficienfly, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! MWITT4111= RICK SCOTT; GOVERNOR MIW 11211110 J1 IS CERTIFIED under, the provisions or Ch.489 FS, Expiration dalB , AUG 31, 2016 LW507WOW88 KEN LAWSON, SECRETARY STATE OF FLORIDA NFIRATTIM.WT OF BUSIVESSA V lR ll 11YA14101A I CGC1505433 I I The GENERAL CONTRAUI-OR Named below IS CERTIFIED Under the provisions of Chester 489 FS. Expiration date: AUG 31, 2016 TARAFA, JEOVANNI ROBERTO J R T CONSTRUCTION CO 8857 NW 117 ST HIALEAH GARDENS FL33018 It lim, NO m STATE OF FLO"(DA DEPARTMEN't JF BUSINESS AND PROFESSIOW.zL REGULATIOK, Cong'8 ations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and team more about the Department's initiatives. Our mission at the Department is* License Efficiently, Regulate Fairly, We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! STATE OF FLORIDA I II =*ItVIIWIN,* rhe GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 F& Expiration date: AUG 31, 2016 TARAFA, CARLOS ROBERTO J.R,T CONSTRUCTION CO. 8867 NW 117 STREET HIALEAH GARDENS FL 33018 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CGC1506636 ISSUED: 08/21/2.014 awio &I a a 4 1 m I mi co •wz IS CERTIFIED under the provisions of Ch.489 FS. apirationdate AUG 31,2016 L1408210003352 KEN LAWSON, SECRETARY ISSUED, 0MV2014 DISPLAY AS REQUIRED BY LAW SEQ # L1408210003352 STATE OF FLORIDA WEPARTIVIENT OF BUSINESS AND PROFESSIONAL REGULATION Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and leam more about the Departments initiatives, H ' 14011,4 . ! FLORIDA ,V,; DEPARTMENT+� r Af02/181201Z GENERALCERTIFIED O ,R .03 r J RT CONSTRUCTIOWCO Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your t3 CERTIFIED under the provisions of Ch.489 Fs, customers, Thank you for doing business in Florida, FxplraEon date AUG 31.2014 i1302180CM642 and congratulations on your new licensel I The Department of State is leading the commemoration of Florida's 5170th anniversary 'in 2013. For more information, please go to www.VivaFlorida.org. DETACH HERE STATE OF FLORIDA r_� � -� � •N . �rI LOWN0,- 4 0 . V wt ., ! •• WNRVAURNINNI L!302180000642, REQUIREDGOVERNOR DISPLAYAS 44 STATE OF FLORID. EPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION . .. ... BOARD OF ARCHITECTURE INTERIOR DESIGN (850) 487-1395 TALLAHASSEE: FL 32399-0783 TARAFA, ROBERTO M 8857 NW 117TH STREET HIALEAH GARDENS FL 33018 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Everyday we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense'com' There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license, It." 69, 8 6 9 9 STATE OF FLORIDA STATE Or FLORIDA AC# 69&Gqg DEPARTMENT OF BUSINESS AM PROFESSIONAL -REGULATION AR0007701 12'/01,,/:L� 128160360 ARCHITECT!';'," TA A, IS LICENSED under t4a provisions of M481 rs Expiration datai, FEB 28, 2015 L12120700593 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN SEML12120700593 112/07/2012.1128160360 The ARCHITECT Named below 18 LICENSED T Under the provisions of Expiration date: FEB 28u 2015 oil Fl MO TARAFA, ROBERTO M, 8857 -NW 117TH STREET HIALEAH GARDENS FL 33 18, 0 n IP RICK RICK SCOTT KEN LAWSON GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY 002963 Local Business Tax Recei Miami—Dade County, State of Florid THIS IS NOT A BILL - DO NOT PAY RECEIPT NO. EXPIRES RENEWAL SEPTEMBER 30,2015 5333547 Must be displayed at place of business Pursuant to County Code Chapter 8A - Art. 9 & 10 OWNER SEC. TYPE OF BUSINESS PAYMENT RECEIVED JRT CONSTRUCTION CO 196 GENERAL BUILDING CONTRACTOR BY TAX COLLECTOR Worker(s) 2 CG01505433 $45.00 09/05/2014 ECHECK-14-142109 This Local Business Tax Receipt only confirms p the Local Business Tax. The Receipt is not a license, pemrft, or a cariification of the holder's qualifica= business, flaidarmust complywith any governmental or nongovernmental regulatory laws and requirements which apply to the business. The RECEIPT NO. above must be displayed an all commercial vehicle$ - Miami -Dade Code Sec Ou-776. for Moto irdormation, visit THIS Contract #15-298, made this day of —AMIR, in the year 2016 in the amount of $6,136,726 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and J.R.T. CONSTRUCTION CO., hereinafter called the "CONTRACTOR". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written, WITNESS/ATTEST J.R.T. CONSTRUCTION CO., a Florida zl� corporation Signature Sign t re Sign 1) "all'li r�, Ta �3 Roberto C, Tarafa, CFO Jewanni R. Tarafa, President .......... .. Pfint Name, 7-1tie . Print Name, Title of Authodze d Officer or Official ATTEST' (Corporate Sea[) CONTRACTOR Secretary (Affirm CONTRACTOR Seat, if available) iian on, City Clerk .......... APPROVED AS TO INSURANCE REQUIREMENTS: AnnW rte rpe, Director Ris anagernient,be0artment Coconut Grove Waterfront Masterplan (Regatta Park) - B -30182B City of Miami, a municipal corporation of the St,,Rte of R*,ridq 107 CORPORATE RESOLUTION WHEREAS,, Constriiction, Co. Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the President - (type title of officer) jeovanni R. Tarafa is hereby authorized (type name of officer) and Instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this — 18" day of February , 2016. (Corporate Sea[) 108 Coconut Grove Waterfront Masterplan ITB No- '13-14-027 (Regatta Park) — B -30182B