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Curtis Park New Swimming Pool Facility, B-35806 ITB No.: 15-16-040 Submitted By: West Construction, Inc. 318 South Dixie Highway, Suite 4-5 Lake Worth, FL 33460 Martha A. Morgan, President Phone: 561-588-2027 Prepared For: City of Miami Office of the City Clerk City Hall, 1st Floor 3500 Pan American Drive Miami, FL 33133-5504 January 25, 2017 2:00 PM BID FORM (Page 1 of 11) Section 4 - Bid Form Submitted: 01/25/2017 Date City of Miami, Florida Office of the City Clerk City Hall, 15' Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: Bid No: 15.16-040 Title: CURTIS PARK NEW SWIMMING POOL FACILITY, 8-35806 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 Certificates) of Insurance. The undersigned further agrees that the Sid 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. Note: When applicable, Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible Bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written Total Bid Construction 80 Curtis Park New Swimming Pool Facility I1•8 No.: 15-16-040 B-35806 BID FORM (Page 2 of 11) Cost, the written Total Bid Construction Cost will prevail. City Form SU must be submitted with your bid. The SU Form can be found posted on the webpage with the bid documents. The Bidder's Total Bid Construction Cost 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. Bid Item A: Demolition of Existina 5wimmina Pool Facilit Furnish all Tabor, materials and equipment for the demolition of the existing swimming pool facility, as indicated in the construction drawings prepared by SCS Engineers, Inc., dated August 2016, and other related technical documents. Bid Item A - Lump Sum: Bid Item B: Civil Site Work and Site Remediation Furnish all labor, materials and equipment for the construction of pedestrian sidewalks and walkways, crosswalk, site drainage system, modifications to the existing parking lot, connections to existing utilities, removal, disposal and containment of contaminated soil, grading, etc., as indicated in the construction drawings prepared by SCS Engineers, Inc., dated August 2616, and other related technical documents. Bid Item B - Lump Sum: Bid Item C: New Swimming Pool Facility Furnish all labor, materials and equipment for the construction of a new swimming pool facility, as indicated in the bid set prepared by Gili-McGraw Architects, L.L.C., dated August 1, 2016, and other related technical documents. Owner Allowance: Bid Item C - bump Sum: Allowance for permit fees TOTAL BID CONSTRUCTION COST (Bid Item A + Bid Item B + Bid Item C + Owner Allowance) WRITTEN TOTAL BIO CONSTRUCTION COST (Bid Item A t Bid Item B + Bid Item C + Owner Allowance): E3 $58,592.00 $703,949.00 $2,180,904.00 $40,000.00 2,983,745.00 Two Milhmi Nine Hundred Eighty -Three Thousand Seven hundred Forty -Five Dollars and Zero Cents .Written Total Bid Construction Cost al Curtis Park New Swimming Pool Facility ITB No,: 15-16-040 B-35806 BILI FORM (Page 3 of 11) CLASS 1 LANDFILL TO BE USED FOR CONTAMINATED MEDIA: Okeechobee Landfill TOTAL 82 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Curtis Park New Swimming Pool Facility, B-35806 Line No. Pay item No. Pay Item Description Unit Quantity Unit Cost Cost 1 1 � 2 2 3 3 4 4 5 6 5----- 6 . �. 77a F - �� �rl f 8 ti , $ 9 9 �k 10 10 TOTAL 82 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (Page 4 of 11) Part 1: DIRECTIONS: COMPLETE PART I OR PART 11, 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 11/23/2016 Addendum No. 2, Dated _12/48/2016 Addendum No. 3, Dated 12/19/2016 Addendum No, 4, Dated 01/09/2017 Addendum No. 5, Dated 01/12/2017 Part II: No addendum was received in connection with this Bid. Part III; Certifications The Bidder, by virtue of signing the Bid f=orm, 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. Druq_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; (il) 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); 83 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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, suis -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U,S. Code. Any person who 94 Curtis Park New swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (Page 6 of 11) 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, 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 (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. ss Curtis Park New Swimming Pool Facility 1713 No.: 15-16-040 B-35806 BID FORM (Page 7 of 11) (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 Re uirements 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 ("SIJ") a third party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; and (c) The selected third party, who independently verifies compliance with this section, must have a minimum of two (2) years of experience as required in Ordinance No. 13332, codified as Section 18-89 of the City Code; Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. 86 Curtis Park New Swimming Pool Facility ITB No.: 16-16-040 B-35806 BID FORM (Page 8 of 11) The Bidder further identifies the costs and methods summarized below:. Quantity Unit Description Unit Price Price Sloped LF $5.00 Extended Method :1,500.00 sloped Total $ 1,500.00 Attached is a Bid Bond [vjj, 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 sure of Dollars ($ 1 The Bidder hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto including without limitations Part I through IV have been, read, understood, and agree to by signing and completing the spaces provided below. Bidder's Name: West Construction, Inc. Signature: Printed Name/Title: .Martha A. Morgan, Presi, City/State/Zip: Lalce Worth / Florida 133460 Telephone No.: 561-588-2027 Facsimile No.: 561.-582-9419 Social Security No. or Federal I.D.No.: 59-1809068 E -Mail Address: matrtorgan@westconstc2ictionitic.net Dun and Bradstreet No.: 06-916.3897 (if applicable) If a partnership, names and addresses of partners: N/A 87 Curtis Park. New Swimming Pool Facility ITB No.: 15-16-040 B-358©6 BID FORM (Page 9 of 11) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of West Construction Inc. , a corporation organized and existing underthe laws of the State of Florida held on the25thday of January 1 2017, a resolution was duly passed and adopted authorizing (Name) Martha A. Maz'gan _ as (Title) Presidcnt 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 WI of Neave hereunto set my hand this 25th day of Januar} 20 17 . Secretary: Print: Matthew F. West NIA CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) 1 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 hisiher execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect.. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 N/A 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). 88 Curtis Park New Swimming Pool Facility ITB No. 15-16-040 B-35806 BID FORM (Page 10 of 11) NIA 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 120 Signed: Print: 89 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (Page 11 of 11) NOTARIZATION STATE OF FLORIDA ) SS; COUNTY OF PALM BEACH } The foregoing instrument was acknowledged before me this 25th day of January 20 17 by Martha A. Morgan and Mattliew F. West who is personally known to me or who has produced as identification and who (did / did not) take an oath. SI AT RE OP N ATE FLORI t��.;;s�e nACOUELJ.BARRETT * MY COMMMWION # FF 236934 EXPIRES; June 3, 2019 'eoa st� DWW Thm 3A0 N0%ryfi1n1ka Racquel J. Ban•ett PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 90 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 R. W. POPE & ASSOCIATES, INC. CERTIFIES THA T- GURIEL ZEIGERMAN H.4;S SUCCI 5`.SF'LTLYCOMPLETED CER77FICATE REQ'UIREMENYS FOR THE COURSE ENTITLED 0SHA'S40-HOUR HAZARDOUS WASTE OPERATIONA & EMERGENCY RESPONSE INACCORDANCE WITH THE PROVISIONS OF: TITLE 29CFR 1910.12060 (5)( ) CERTIFICATE OF COMPLETION ON THE TWELVTH DAY OF MAY, 2614 v '�•y- _ Expires One Year From Date of Issue Certificate Number k' -, W. Pope, Pres. Training Provided By: ash' � R. W. POPE & ASSOCIATES, INC., 1117 Mango Isle, Ft. Lauderdale, FL 33315 y Training Program 00 LAIVEiA/V ENGINEERING & DWRONMENTAL SERVICES This certifies that: Guriel Zeigerman Has successfully completed: 8 -Hour Hazardous Waste Operations and Emergency Response (HAZWOPER) Refresher Training - 29 CFR 1910.120(e)(8) On 12-18-2616 Anthony J. , Jr., M, 0SS, ASP Corporate Health & Safety Manager Certificate # -16HAZ - 2990 THE NATIONAL ENVIRONMENTAL TRAINERS Joseph Barger has satisfactorily passed an exam and completed a 40 -hour training course entitled Hazardous Waste Operations and Emergency Response meeting the requirements identified in Title 29 CFR 1910.1.20 (OSHA HAZWOPER Regulations). This course has been awarded 6.68 Industrial Hygiene CM Points by the American Board of Industrial Hygiene -Approval Number 13334. This course is also eligible for 3.33 Continuance of Certification (COC) points from the Board of Certified Safety Professionals NATIDNAL N VI R O ISI I'll E N TAL TRAINERS, Inc. Certificate Number: 418799 Signature of Instructor August 215, 2013 www.nationalenvironmentaltrainers.cam Clay A. Bednarz, MS, RPIH PPPP— t -MM4 Adh it 4% 0.1 Training _ -M16 j& ML Program LAIVEiA/V ENGINEERING & ENWR©NMENTAL SERVICES This certifies that: Joseph Barger Has successfully completed: 8 -Hour Hazardous Waste Operations and Emergency Response (HAZWOPER) Refresher Training - 29 OFR 191O.12O(e)(8) On 08-09-2016 Anthony J. , Jr., M, 0SS, ASP Corporate Health & Safety Manager Certificate #F -16HAZ - 2681 R. W. POPE & ASSOCIATES, INC. -CERTIFIES TH4T ROGER SIMON HAS .SUCCESSFULLY COMPLETED CERTIFICATE REQUIREMENTS FOR THE COURSE ENTITLED OSHA'S 40 -HOUR HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE INACCORDRNCE WITH THE PROVISIONS OF- TITLE 19CFR I910 i?0(e)(3)(i) AND IN EVIDENCE THEREOF IS AWARDED THIS CERTIFICATE OF COMPLETION Ir) ON THE TENTH DAY OF MAY, 2011 Expires One Year From Date of Issue Trained to "LEVEL A" Certificate Number 10?997 Robe Pope, Pres_ Training Provided By: R_ W. POPE & ASSOCIATES, INC., 1117 Mango Isle, Ft. Lauderdale, FL 33315 ppp— -qqqq Training .AL& m& A. Program LAiVEiA/V ENGINEERING & ENVIRONMENTAL SERVICES This certifies that: Roger Simon Has successfully completed: 8 -Hour Hazardous Waste operations and Emergency Response (HAZWOPER) Refresher Training - 29 CFR 1910.120(e)(8) On 4/29/2016 11:51:08 AM Anthony J. Mo a, Jr., CHMM, COSS, ASP Corporate Health & Safety Manager Certificate # 16HAZ-2469 a Compliance Solutions Gru aWm'erfx Environmental Servirm TodWs TmIning.., TbmvrroWSWation 18825 1CS15E4th Ave, ,%t�telle,Denver CO$OraeDS0239 800-711-2706 A Certificate n"Completion This is to certify that Michael Spievack has successfully completed the classroom requirements for 40 Hour HAZWOPER 29 CFR 1910.120(e) Presented MbndaI4 April 25, 2005 Compliance Solutions Occupational Trainers, Inc. Certificate Number. 67704 Neval Gupta. Vice President Jeffrey Kline President/CEO 777�� PPPPF_ ALEK AdEVL '"14 AL AMIM #I TTWIPW Training Program LA/VfiA]V ENGINEERING & ENVIRONMENTAL SERVICES This certifies that: Michael spievack Has successfully completed: 8 -Hour Hazardous Waste Operations and Emergency Response (HAZWOPER) Refresher Training - 29 CFR 1910.120(e)(8) On 12/29/201+6 8:2431 PM Anthony J. Mofa, Jr., CHMM, COSS, ASP Corporate Health & Safety Manager Certificate # 16HAZ-3711 REM�'�'d w�='- *� d !..� ' ,;;��:,�.i`I, ,u� i`'T-�a,x:.��°� 1w4Kal�' �ic� 5 �•.J �k<i ai���"ar }. "!J.1 v i ig N ,e� x A A A M__ '=. T 3-0 a. Ceti 'tate off ' Completion +L 'Sti tie 1�� y Alex - - ,� ! � wry r. �i R .. eftft 9� ���-r� In Recognition of Successful Completion of !1 , OSHA Hazwhopper Refresher 'k ON J[ TLY" 2ND, 2016 ��q�qgg3� G x; AN EIGHT-HOUR SITE SPECIFIC TRAINING GIVEN IN ACCORDANCE WITH OCCUPATIONAL SAFETY AND HEALTH .ADMINISTRATION REGULATION 29 CFR 1.910.120 (E) (8) M M. Pon T� Cniothy F_ Caughey, f 1 CIR Course Instructor = 37 r +'RFs♦ Section 5- Attachments BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade )SS: City of Miami } KNOWN ALL PERSONS BY THESE PRESENTS, that West Construction, Inc. as Principal, _ Philadelphia Indemnity Insurance Company as Surety, are held and firmly Five Percent of bound unto The City of Miami, in the penal sum of Bid Amount Dollars ($ --- o% --- } 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 November 29th , 2016 , for: CURTIS PARK NEW SWIMMING POOL FACILITY PROJECT NO.. B-35806 NOW THEREFORE: (a) if the Principal shall not withdraw said Bid within one hundred eighty (180) 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 goad 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. Gurti't mark NFiw Swimming Pool Facility ITB No.: 15.16.040 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 29th day of November, 2016 , 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 Car or .-Secret�ry �'on i t and affix seal.) �.--� West Constniction, Inc. (a e o F' ) Matthew F. Nest, Secretary 91t7_ (Signature of authorized officer Martha A. Morgan, President {Title) 318 South Dixie Highway, Suite 4-5 (Business Address) Lake Worth, FL 33460 City State zip Surety: Philadelphia denlnity Insurance Company (Corpor to Surety) Affix 4�� Seal As Per Attached Power of Attorney Surety Secretary (Signature of Authorized Officer) Warren M. Alter, Attorney -in -Fact (Title) One Bala Cynwyd Plaza, Suite 100 (Business Address) Bala Cynwyd, PA 19004-1403 City State Zip n2 Curtis Park Nr,w Switimoing Pool Facility ITB No.: 15-16.040 B-35800 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, Matthew F. Nest -,certify that I am the Secretary of the Corporation named as Principal in the within bond; that Martha A. Morgan of said corporation; that I know his signature, and the signat hereto,. is genuine; and that said band was duly signed, sealed and attested for and in be rporation b authority of its governing body. Corporate Seal) W F. Se retary STATE OF FLORIDA } COUNTY OF DADE ) SS CITY OF MIAMI } Before me, a Notary Public duly commissioned, and qualified, personally appeared Warren M. Alter 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 diem 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 29th day of November, 2016 INSTRUCTIONS: Bid Bonds must be accompanied by Notary Public, State of F1662&at Large a Power of Attorney, in compliance with Instructions to Bidders My Commission Expires: *Philadelphia biden-pity Insurance Company l,`w (� e Park rk Noxe4 Swimming Pool Facility 93 ITB No.: DAWN AUSPITZ a1 Tn;Y FI.S COMMISSION 9 FF63073 PUBLIC � EXPiRE5 November 15, 2017 FATE OF FLORIDA UoMllEO THROUGH 1LIJOY RLL INSURANCE COMPANY 93 ITB No.: 343 PHILADELPHIA INDEyt<NITY INSURANCE CONWANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Poster of A tic rney KNOW ALL PERSONS BY THESE PRESENTS; That PHILAKLP111A INDEIVENI'I`Y INSURANCE CO.'WPANY (the Company), a emporalion organized and existing under the latus of the Commonwealth of Pennsylvania, does hereby constitute and David T. Satine and Warren NI, Alter of Alter Snretv Group, Inc. its true and lawful Attomcy-in-fact with full authority to execulu oil its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to hind the Company thereby, in an amount not 10 exceed $25,000,000.00. This Power of Attomey is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors or PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I a day of July, 2011. RESOLVED- That the Board of Directors hereby authorizes the President or any Vice Presidenr of the Company to: (1) Appoint Altorney(s) in Fact and authorize the Attorney(s) in Fact to execute an behalf of the Company bonds and undertakings, contracts of indeutnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the scat of the Company may be affixed to any such Power of Attomey or certificate rotating thereto by Iaesimilc, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon file Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTWONY'rVIIER.EOF, PHILADELPHIA fNDENINITY INWRANCF C0MPArVY HAS CAUSED THIS rNSTRUI IENT`i'O BE SIGNED AND H'I'S CORPORATE SEALTO BE AFFLYED BY ITS AUTHORIZED OFFICE THIS f OTtt DAY OF IUNE 2013. (,Seal) Roben D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company Ott this 10°s day of Junc 2013, before the came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. r�stx rxttn OF vtrrnsrt kt+tn Kaa».f SW x�� "& r rss!ea, rrorsry Hfitc iLvr,^f H Wf Top. 1�bPi42>Krr rtvrM nlrorftamr,-0s. tE NJ& racvfrHM�1l-&4UdSSDCK"WtfW7ufts NotalyPUblic (Notary Scal) residing at; Bata Cynwyd, PA My commission expires: December 18, 2016 1, Edward Sayago, Corporate Secretary of PHILADELPHIA WDEKNITY INSURANCE. COMPANY, do herby certify that the foregoing resolution of the Board of Dit'eclors and this Power of Attorney issued pursuant thereto on this I Or" dayo"Aine 2013 are and correct and are still in roll force and effect. 1 do further certify that Robcrt D. O'Leary Jr., who executed the PoNver of Attorney as President, was on the date of execution of the attsclird Powei of Auurnry the duly elected President of PHILADELPHIA lNDE4fNrTY INSURANCE CONIPANY, In Testimony Whereof l have subscribed my name and aftined the facsimile seat of each Company this 2 9 t1lay of November, % 0 i 6 FrIw2rd Sayago, Corporate Secretary 1'HIL.ADELPHIA 1NDh'NIY!'I'Y INSURANCE C13;t9P,iVl' SUPPLEMENT TO BID FORM: QUESTIONNAIRE This completed form Must be submitted with the Bid. The City may, at its sole discretion, require that the Bidder submit additional information not included in the submitted form. Such information must be submitted within seven (7) calendar days of the City's request. Failure to submit the form or additional information upon request by the City shall result in the rejection of the Bid as non-responsive. Additional pages may be used following the same format and numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has the Bidder been in business under its current name and ownership? 47 Years a. Professional Licenses/Certifications (include name and number)* Issuance [late Building Contractor - CBC057038 11/93 General Contractor - CGC 1516626 ('include active certiricalions of community small business enterprise & name of certifying entity) b. Date Bidder licensed by Dept. of Professional Regulation: 08/14/2003 01/09 G. Qualified Business License: 6K Yes❑ No If Yes, Date Issued: 08/14/2003 d. What is the Bidder's primary business? General Construction (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) e. Name of Qualifier, license number, and relationship to the Bidder: Matthew F. West / CGC1516626 / Vice -President f. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to the Bidder and years as qualifier for the Bidder: Martha A. Mor -an / CBC057038 / .President / 23 Years (1993 -Present} 2. Name and Licenses of any prior companies: Name of Company License No. Issuance Date N/A 3. Type of Business Entity: ❑Corporation 9"S" Corporation El LLC❑ Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prlor to executing a contract) 4. Business Entity Ownership a. Identify all owners of the Business Entity: 94 Curtis Park New Swimming Pool Facility ITB No.: 15-16.040 B-36806 Name Title % of ownership Martha A. Morgan President/Treasurer 51% Matthew F. West V ice-President/Seere 49% b. Is any owner identified above an owner in another company? ❑ Yes ® No If yes, identify the name of the owner, other company names, and % ownership N/A c. Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other Martha A. Morgan President 9 ❑ ❑ ❑ Matthew F. 'West Vice -President W ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Explanation for Other: N/A (Note: "All' refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost" refers to CPRs, COs. No -cost refers to RFis, Notices, and other similar documents) 5. Employee Information Total No. of Employees: 138 Number of Managerial/Admin. Employees: 44 Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) Officials/Managers/Stipervisoi-s: 32 Office/Clerical: 12 Craftsman / Operatives: 40 Laborers: 54 How many employees are working under H213 visas? None 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: No 95 Curtis Park Now Swimming Pool Facility ITB No.: 15-16-040 B-35806 7. Insurance & Bond Information a. Insurance Carrier name & address: Amerisure Insurance Company JDA Insurance Group, 1.1.C, 120 N. Federal Highway, #301, Lake Worth, FL 33460 b. Insurance Contact Name, telephone, & e-mail: Jenny Thrower 561-296-0373 / Jenny@tliejdagi-otip.com c. Insurance Experience Modification Rating (EMR)-. .87 (if no EMR rating please explain why) d. Number of Insurance Claims paid out in last 5 years & value: 5 claims / Total - $350,000 e. Bond Carrier name & address: Philadelphia Indemnity Insurance Company Alter Surety Group, Inc., 5979 NW 151st Street, Suite 202, Miami Lakes, FL 330I4 f. Bond Carrier Contact Name, telephone, & e-mail: Warren M. Alter 305-517-3903 / warrenCaltersurety.con'i g. Number of Bond Claims paid out in last five (5) years & value: None S. Have any claims lawsuits been filed against the Bidder in the past five (5) years, If yes, identify all where the Bidder has either settled or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. Please see attached litigations. 9. The Bidder or any officers of the Bidder currently under investigation by any law enforcement agency or public entity? If yes, provide details: No 10. Has the Bidder been assessed liquidated damages or defaulted on a project in the past five (5) years? Yes V No ❑ (If yes, provide an attachment that provides an explanation of the project and an explanation. 11. Has the Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation, 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by the Bidder, B. Project Management & Subcontract Details 1. Project Manager for this Project: a. Name: Christopher Captio b. Years with Bidder: 10 years 96 Curtis Park New Swimming pool Facility ITB No.: 15-16-040 B-35806 Certified as a Project Management c Licenses/Certifications: Professional d. Last 3 projects with the Bidder including role, scope of work, & value of project: Project Manager/ Surfside Community Center/ $4,074,525 Project Manager / Wilson Park / $6,442,894 Project Manager / Mitchell Moore Aquatics Center / $3,856,386 2. Subcontractors: Name Trade % of Work License No. Certification* Please see attached subcontractor list. ('active certifications of community small business enterprise & name of certifying entity) 3, Scope of actual construction work to be performed by the Bidder and the corresponding percentage of the work: (This does not include such items as insurance ' bonds, dumpsters, trailers, and other similar non - construction work items) Earthwork, concrete, masotuy, and carpentty. 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 complexity: Provide an attachment to this Questionnaire that includes Completed Projects the Bidder 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. Information provided must include the owner's name:, address and contact person, including telephone and 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 a@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or initial and actual timeframe, provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder's References Bidders are to include 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. 97 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 4L1111,I T IN1\ 14"YM ow. IIYIlrlIt 4S ViJ t- I T4 ILII 11 t-,,QVVV I I I u FV V.. 10-1 V-v4v CITY OF MIAMI 'LITIGATIONS Case No. Caption Status Description 502013CC011766 Thysserikrupp Elevator Carp. Closed Contract and Indebtedness ac- v. West Construction, Inc. tion. Joint Stipulation for Dis- missal filed 1212013. 502013CA015893 East Coast Underground v. Closed Contract and Indebtedness ac - West Construction, Inc. tion. Joint Stipulation for Dis- missal filed 8/2014. 13 -CA -003047 B&.I Contractors v, West Con- Closed Contract and Indebtedness ac - (Lee) struction, Inc. tion. Joint Stipulation for Dis- missal tiled 1/2014. 13 -CA -003230 Wayne Wiles Floorcoverings Closed Contract and Indebtedness ac - (Lee) v. West Construction, Inc. tion, Joint Stipulation for Dis- missal filed 112014. 502013CAOI 1539 QGS Development, Inc. v. Closed Contract and Indebtedness ac - West Construction, Inc. tion. Joint Settlement 4/2014. 502013CA015011 West Construction, Inc. v. Vil- Closed Contract and Indebtedness ac- lage of Royal Palm Beach tion. Joint Stipulation for Dis- missal filed 612014. 502013CA012224 Stryker Electrical Contracting Pending Contract and Indebtedness ac- v, West Construction, Inc, tion. Agreed stay of litigation pending settlement discussions. 502013CAO 15017 R&A Contractors v. West Closed Contract and Indebtedness ac - Construction, Inc. tion. Joint Stipulation for Dis- missal filed 912014. CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 / ITB NO.: 95-96-040 CITY OF MIAMI LIQUIDATED DAMAGES ASSESSMENT OF LIQUIDATED DAMAGES Nova Blanche Forman Elementary (School Board of Broward County) Project Description: Construction of entrance & bus loop modifications at Nova Blanche Forman Elementary School, in- cluding parking spaces, tree removal/relocations and lighting. This project was extended by 226 calendar days as a result of added work items, outside inspection agencies (Broward County Engineering and FDOT), and concealed conditions. The School Board found that the unanticipated delays and additional work items resulted in 215 calendar days and charged West for the additional 11 days to final completion. The charges were $1,000.00 per Calen- dar day for the 11 days. Liquidated Damages: $11,000 North County Airpark Hangars E & F (Palm Beach International Airport Authority) Project Description: Construction of (2) concrete block & steel buildings. The buildings included one-piece hangar doors & restrooms. Site work included asphalt paving, water, sewer, grading, & storm drainage. Liquidated Damages: $132,369 CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 1 ITB NO.: 15-16-040 CITY OF MIAMI OSHA INFORMATION OSHA VIOLATION Project Name: Fire Station 78 Owner: City of Tamarac Owner's Contact: Alan Lam, Project Engineer 954-597-3707 Description: Employee walking on surface greater than 6 feet without side protection. CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 J ITB NO.: 15-16-040 CITY OF MIAMI a EQUIPMENT LIST DESCRIPTION YEAR MFGD 2 Melroe Bobcat 1996 SL 25 LIFT #501097 2001 Kubota Tractor/Box Blade 2002 Trailer For Kubota 2002 BobCat 864 Track Loader 2003 S-250 Bobcat 04 SR 12115 2004 Bobcat T1480 Track Loader 2005 Kubota Kuel Tractor 2006 Lovett Box Blade 2006 Cat Ser #SLH 00304 2200 Holland Skid Steer Loader 2007 Holland Skid Steer Loader 2007 Komatsu Loader WA 250 2008 Kubota R520S1 SER 11589 2008 Lark Enclosed Trailer 2008 Tractor L5240 (Kubota) 2009 RTV 1140 CTX (Kubota) 2009 Vibratory Plat Compactor 2009 Takeuchi TL 140 R 2010 Concrete Breaker Bar - Used 2010 RTV900 Kubota Utility Tractor (PR) 2010 Con #1 - 20' Container 2010 Con #2 - 20' Container 2010 Kubota KX41-3VR1 2010 Con #3 - 20' Container 2010 Con #4 - 20' Container 2010 Con #5 - 20' Container 2010 Chas #1 - Chassi for Container 2010 Chas #2 - Chassi For Container 2010 New Holland Skid Steer 665S W 3 Attachments 2010 Water Tank Trailer 500 Gal 2007 Hydrolic Concrete Saw 2009 Con #7 - Container #7 2011 Thomson Water Pump 2007 Nikon Laser Level 2011 Con #8 - Container #8 2011 Con #9 - Container #9 2011 Equipment trailer - TX20' 2010 BobCat T190 Loader 2009 Kent Concrete Breaker 2008 2009 Con #10 - Container #10 2010 BOBCAT Mount Auger 2007 BOBCAT Stand Skid Steer Auger 2007 BOBCAT Skid -Steer Loader 2014 CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 ! ITB NO.: 15-16-040 CITY OF MIAMI EQUIPMENT LIST CONT. DESCRIPTION I YEAR MFGD BOBCAT S175 2014 JLG 600S 03 60' BoomLift 2003 2003 F250 4X4 2003 2004 Ford Dump Truck 2004 2008 F250 Truck 2008 2008 4X2 F150 Truck 2008 2008 Ford F350 Pick up Truck 2008 2008 GMC Sierra Pick Up Truck 2008 2013 Ford F-150 Blue 2093 2004 Buick White 2004 9- Mack CV 713 Dump Truck 2003 10- Pontoon Boat 97 Crest 22' 1997 11 - 2011 F 150 4X4 DW 2011 Ford Ranger- White 2011 Ford Ranger- Blue 2011 Bobcat 324 - Excavator 2013 Bobcat 5510 Skidsteer 2013 CURTIS PARK NEW SWIMMING POOL FACILITY, B-35846 / ITB NO.: 15-16-040 CITY OF MIAMI CITY OF MIAMI CAPITAL, IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION FORM Sheet No. t of 2 Project No_ B- 35806 Project Title: Curtis Park New Swimming Pool Facility T This Form should be submitted with a bidder's bid form submittal. Failure to submit this Form with the bid may result in the bid being rejected as non-responsive. The City in its reasonable discretion may allow, in the interest of the competition, the Bidder to submit the Form after bids are due (as supplemental information). Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if necessary. Name of Business Portion of Worst Dollar AMOUnt Percent Address/City/State/Zip License Information** T e Number Miami-UadeCertification* CBE CSBE NIA Barakel Associates, Inc. sitework r� F ) �f (a j iiGJn 276 NE 943rd Street Cert. Underground CUCU56725 � El Q Miami, FL 93161 ® 0 Q Homestead Concrete & Site Concrete �„ ` � �7 z 221 SAN 4th Avenue Gert. General Contractor --CC, 512891, �✓ Drainage, lnc. Homestead, FL 33030 0 C.L. Elias Construction, Inc. Drywall u 7440 S.W. 54t1i Terrace, Unit# 103 Cert General Contractor CGC?514992' 0 Q 0 Miami, Florida 33155 0 Q nclan Painting and sainting w r 12252 SW 1281h Street [J WaterproDfing, Corp. DBA Miami, FL 33186 Kr at Your Door, Inc. HVAC �y % 2j'-1 a j "� 14262 SW 140th Street, Un't 103 Cert. A r CAC1817285 Q Q Miami, FL 33186 0 0 0 Electrical Alliance Corp. Electrical COO % iJ a 13776 SW 145 C:. Cert. Electrical EC13005024 : 0 Q Miami, FL 33186 Q * Must be certified by Miami -Dade County. All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents. **List only those relevant to this Project. ***Check NIA if the listed SU does not have a CBEICSBE certification (e.g., independent third party verifier) Form SU CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM SUBCONTRACTOR UTILIZATION FORM Sheet No. 2 of 2 Project No. B- 358(36 Project Title: Curtis Paris New Swimming Pool Facility This Form should be submitted with a bidder's bid form submittal. Failure to submit this Form with the bid may result in the bid being rejected as non-responsive. The City in its reasonable discretion may allow, in the interest of the competition, the Bidder to submit the Form after bids are due (as supplemental information). i Provide the following information for each subcontractor regardless of tier.* Attach additional sheets if, necessary. Name of Business Portion of Work Dollar Amount Percent Address/City/State/Zip License Information** i Type Number Miami-DadeCertification* CBE CSBE N/A Miami Plumbing Services Pl_irnoing % 3 4639 SW 75th Avenue �✓ Miam!, FL 33155 Crossroads Paving Souions, Pavers % / ��� 2005 west Cypress Creak Rd., #106 Q Q 0 Inc. FL Lauderdale, FL 33309 I Q Q Q Structural Prestressed Precast Concrete 11405 N.W. 312th Ct. Cert. General Contractor CGC05B209 © Q ETI Industries, Inc. (SPI) Miami, FL 33178 Q Q Q Best Raping Dears, Inc, overhead poo.,s r-- b 1 2f p 9780 9780 N.W. 79th Ave. Q Q Q Hialeah Gardens, FL 33016 Q Q Q kerma Seal RaefSystems. Roofing �i 1421 Oglethorpe Cert. Roofing CCC1325862 Q Q Q LLC West Palm Bea&. FL 33405 Q Q Q Champlon Pools & Spas, Inc. Pool , `l r. 1700 Upland Road Gert. Pool CPCO57289 { Q Q Q West Pa! -n Beach, FL 33409 0 Q Q JJAS Doers Duo, & Hardware 3 1 ! J Y f ` 7302 NW 700 SL, Kam'„ FL 33168 0 © Q * Must be certified by Miami -Dade County_ All tiers must be shown, including multiple sub -tiers, if permitted by the Contract Documents_ **List only those relevant to this Project. *—Check N/A if the listed SU does not have a CBE/CSBE certification (e.g., independent third party verifier) Form SU ILICENSES & CERTIFICATES RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Y CONSTRUCTION INDUSTRY LICENSING BOARD CBC057038 The BUILDING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 I MORGAN,MARTHAANN WEST CONSTRUCTION INC. 318 SOUTH DIXIE HWY.; SUITE 4-5 - LAKE WORTH FL 33460 ISSUED: 07121/2015 DISPLAY AS REQUIRED BY LAW SEQ u L16G7210001084 RICK SCOTT, GOVERNOR KEN LAWS 10N, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD a CGC1616626 The GENERAL CONTRACTOR r Named below IS CERTIFIED Under the provisions of Chapter 469 FS. Expiration date: AUG 31, 2018 I O WEST, MATTHEW FIELDEN WEST CONSTRUCTION ING r 318 S DIXIE HWY STE 4-5 LAKE WORTH FL 33460 ISSUED: 0811012(316 DISPLAY 4S REbUIRE] BY LAW SEQU 06051=02386 City of Lake Worth Business License 2016 - 2017 UUSINESS HUMNER.. 0033851 NON TRANSFERABLE 11USINESSNAINE: WEST CONSTIUCr1011INC RUSiNfIS ADDRESS; 313 S DIXIE I INVY 4, LAKlI WOHI'H FL 33460 17-00024456 90A28 BUSINESS OFFICE GENERAL inTR) owr;RAL CON ritACTOR EXPIRES SEPTEMBER 30th 2017 City of Lame Worth Business License Division 1900 2nd Avenue North • Lake Warth, Florida 33461 CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 ! ITB NO.; 15-16-040 CITY OF MIAMI ILICEIVSES & CERTIFICATES -5 LAKF_ WORTH, FL 33460-4452 IIIInIII111..1.[I.JItI'll l[IIInIahIll, III This raceipt grants the pdvllege or engaging In or managing any business profession or accupallon within Its Jur€}dicbcn and MUST be conspiamusly displayed at the place of business and in such a manner as to be open to the view of the pubtlb. - A N N E M. C AN N 0 N P.O, Box 3353, Wes( Palm Beach, FL 33402.3353 -LOCATED AT" I f 1,'i; , 0 CONSTITUTIONAL TAX COLt.CCrnn www,phclax.can Tel; (561) 355-2264 318 S DIXIE HWY #4-5 TYPE C.K 11AMNESS ewiHft canni,tGATtoe s tier++NR porn# H—h C—aly I LAKE WORTH, FL 33460-0000 17]5 RielX4rb SE rvlll); frtrr. This document Is vend only when 7ecelplad by tha-Tax Collectors ornes. LAKE WORTH, FL 33460-0000 TYPE orouSINEss ServIlig mt. REGEIPTl70ATEPMU AMT PNa aiLl/ 230443CWHUR-00R]CONIRAGTgi 1vPEOF 8u31NF89 CWNLR GERTIFICAPON/ RECEtPTgRJATEPAIO AMT PRIG BILL! 210159UAOM CONTRACTOR WJXr VIMARIHAANN 1 cncai]blb 1 u10.71bsm-ov2vlB 17/.66 34011,12 Tills document is valid only when rocalpted by the Tax Collector's Office. STATE OF FLORIDA 201612017 LOCAL BUSINESS TAX RECEIPT PALM BEACH COUNTY 82 boa Thls receipt grants the privilege of engaging In or 201612017 LOCAL BUSINESS TAX RECEIPT WEST CONSTRUCTION INC managing any business ptofeAslen or oca+pauon B3 - 56a WEST CONSTRUCTION INC WEST CONSTRUCTION INC EXPIRES: SEPTEMBER 30, 2017 LBTR Number: 201002726 WEST CONSTRUCTION INC 318 5 DIKIE HWY #4 manner es fa be open to tha view of the pubfio. EXPIRES: SEPTEMBER 30, 2017 -5 LAKF_ WORTH, FL 33460-4452 IIIInIII111..1.[I.JItI'll l[IIInIahIll, III This raceipt grants the pdvllege or engaging In or managing any business profession or accupallon within Its Jur€}dicbcn and MUST be conspiamusly displayed at the place of business and in such a manner as to be open to the view of the pubtlb. - A N m a M . 4G A A4 N Cd N P.O,. Box 3353, West Palm Bench, Ill. 33402,3353 "LOCATED Ar*.11.L srrnhe« J-0-n¢++rh Can°ry eotionTuT10NA1. TAX cuL1T•cruR www.pbctax.com Tel: (561) 355-2284 318 S DIXIE HWY 44-6 TYPE C.K 11AMNESS ewiHft canni,tGATtoe s Se,ai+],p Prv7mr Brvirfr Cua[afy I LAKE WORTH, FL 33460-0000 17]5 RielX4rb SE rvlll); frtrr. This document Is vend only when 7ecelplad by tha-Tax Collectors ornes. STATE OF FLORIDA TYPE orouSINEss aN]NCH UnfIFICATHHt! REGEIPTl70ATEPMU AMT PNa aiLl/ 230443CWHUR-00R]CONIRAGTgi WRGM KMTIIA ANN CBCb}TOLe V10,]2rdlq OY2L le }061,10 a44173�T] Tilts docunrenl Is valid orly when recelptad by the Taal Cblloclors Office. STATE OF FLORIDA WEST CONSTRUCTION INC LBTR Number: 200911376 PALM BEACH COUNTY EXPIRES: SEPTEMBER 30, 2017 201612017 LOCAL BUSINESS TAX RECEIPT 82 boa Thls receipt grants the privilege of engaging In or WEST CONSTRUCTION INC managing any business ptofeAslen or oca+pauon LBTR Number: 201002725 WEST CONSTRUCTION INC EXPIRES: SEPTEMBER 30, 2017 318 S DIXIE HWY #4.5 LAKF WORTH, FL 33460-4452 This rer.elpt grants Iha pdNRoge of engaging In or Ilii II I1411`111111 III III I I manap'ng any husinass profession or ompalton it i n nn °° I /I I'll °°° ° wilhIn lfs)urisdiction and MUST be censpiououslp displayed at the place of business and in such a manneras to be open to the view of the publW. A N N d3 M. ( : AN N O M p.o. Box 3353, Wes, Peim Beach, FL 33402.3353 "LOCATED AT" I FtI]IONAL SAX CULI,8CT4R www, pbctax.com Tel: (56 1) 355.2264 310 S DIXIE HWY. #4-5 srrnhe« J-0-n¢++rh Can°ry LAKE WORTH, FL 33460-0000 S�BrvClTg Yutr. TYPE C.K 11AMNESS ewiHft canni,tGATtoe s FmcepT 6toolm rPJa MIT Pfua aAL } I 9301151 cca1ERAL CONfAAtT6R WE6TxiA71> w-1: 17]5 RielX4rb This document Is vend only when 7ecelplad by tha-Tax Collectors ornes. STATE OF FLORIDA PALM BEACH COUNTY 201612017 LOCAL BUSINESS TAX RECEIPT B3-507 WEST CONSTRUCTION INC LBTR Number: 200911376 WEST CONSTRUCTION INC EXPIRES: SEPTEMBER 30, 2017 316 6 DIXIS HWY #4-5 LAXE WORTH, FL 33460-4452 Thls receipt grants the privilege of engaging In or .11104111 11 1 ] r 1111 rl 11.111 1 11 111 r 0111 r 11L° It I managing any business ptofeAslen or oca+pauon within 115 IurbsdMan and MUST be corrsplCoraisfy displayed AI the place of bu6lness and In such a manner es fa be open to tha view of the pubfio. i ANNE M! G A N N O N P.O. Box 3353, West Palnl Beach, FL 334023353 "LOCATED AT" �i L:ONSnRIVICI IAt TAX GOLLIZdTOR WWW.pbcfau.com Tel: (661) 355.2264 318 $ DIXIE HWY #4 5 SbrPJgT filial Brach rarraly LAKE WORTH, FL 33460.0000 Servin Ilo1r. TYPE Of Bg61NE55 OWNER CGnrriGTION0 RECOPTSMATEpAIO ALIT PAID I BILL 210102 CW GERERAL CONTIIACTOR WEST MATTHEW C6CI51652¢ U1e.128578-eV77-irfe 1 13eB.Ba 1 B4401114 This document Is valid only When recelpled by The Tax Collector's Office, STATE OF FLORICiA WEST CONSTRUCTION INC WEST CONSTRUCTION INC 318 S DIXIE HWY #4-5 LAKE WORTH, FL 33480.4452 IIiIL111LdIILILdllftlllll,i,riJdlldl PALM BEACH COUNTY 2016/2017 LOCAL BUSINESS TAX RECEIPT Bt-5ss LBTR Number: 200911377 EXPIRES: SEPTEMBER 30, 2017 { CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 CITY OF MIAMI This receipt grants the prlvpege of engaging In or managing any busin6ss profession or occupation wfihin Its JudBdicUon and MUST be conspicuously displayed at the place of business and In such a manner as In be open to the view of the public. 1 ITB NO.. 15-16-040 LICENSES & CERTIFICATES State of Florida Department of State I certify from the records of this office that WEST CONSTRUCTION, INC. is a corporation organized under the bows of the State of Florida, filed on December 16, 1977. The document number of this corporation is 555437. I ftuther certify that said corporation has paid cull fees due this office through December 31, 2017, that its most recent annual report/uniform business report was filed on January 6, 2017, and that its statics is active. I faither ceiii fy that said corporation has not filed Articles of Dissolution. Glum ander my harm and the Great Beal of Me State of Florida tat Tallahassee, the Ciapikil, ibis tie a stzAt do y of lanurjry, 2011 Secretary of State Tracking Number: CC5977249190 To authenticate this certiifcate,vislt the Coltowhig site,enter this number, and than follow the fnstructltats displayed. https: f/services.sitnb ti.arg/Fllings/Cartf cateOM tatus/C`ertiricateAuthenticattan CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 CITY OF MIAMI ITB NO.: 15-16-040 IINSUiANCE CERTIFICATE CERTIFICATE OF LIABILITY INSURANCE °AT12j3 n4 o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFfCATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE. COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT 13ETVVEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certftTcote holder is en ADDITIONAL INSURED, the pog;ypa4) must have ADDITIONAL INSURED provisions or be endorsed- RSUBROGATION IS WAIVED, subject tU the tern% and conditions of the poifcy, certain pollotes may require an anciarsern ant A statement on this certificate dons not confer rlghts to the tortIlicate holder In Hou of such endoreamontjal. PRODUCER FACT JennyThravar o"e £481)296.0373 Na. 581)29$03€€2 JDA lnsumnooGroup, LLC E-MAILJermy*tftpJdsqfC'UPLCoM 120 N. Federal Hvly,.6301 INSURER (% AFFORDING COVERAGE iIAIc e Lake Wodh, FL 334$9 RteuRE Zurich Arnadvan lnsuranCa Company Phone (551) 296-0373 Fox (5611296-0392, (NSUREa suRERs; AmerioanGuarafllse&LIehllfyinsuranceCompany INSURERC. American Guarantee & Liabilly insurance Company, WastCoastcuclian Inc. yfwyAgo, • Amorlcan Guarantee & Liabilty Insurance Cam en 318 South Dixie Hwy, 1#4-5 WSIIRER E: Lace Worth FL 33954 weuREm F: COVERAUES CERTFFICATh NUMBER: KEYISIUN NUMtitK: THIS ISTO CERTIFY THAT THE POLICIES OF IN51JRANCE LISTED BEI -ON HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK© INDICATED. NOTYVITHSTANDIN(T ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DcCumENTVVITH RESPECT TO WHICH THIS CENTIFiC:ATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND 00,VCITIQN9. OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 9R TYPE OF IN RiRARCE,.. Aoa INSR R POLiCYNUUffli POLICYE€� Of'YAv ppppLICY E% raWDD Y t.4iaRS .' A COkEAMCIAL GMUZAL LIABILITY ❑ CLAit,*,MADE RJ OCCUR ❑MEOExP(Anrene N N GL00398473 0110112017 OV611209 EACHCKCURRENCe'••'•. f."•'1�QQ4%.QIItJ.Qa ff PR MIS S I)AMACIE ToEa o rr m : 400.909-00 Duren 8 iQ,$QI1.3Q n __ FeRsctaALSADVINIIaY s 1404,Ofl0,00 GEN'LAUGREGATE UW APPLES PER: ❑ POtSCY ®,iE££T El Lac ❑ OTHER OENERALAGGREftATE 1 2000040.00 PRODUCTS.COMPIOPA00 1 2,000,00Q.Qg t B dOTtlAt6£lILE LIABILITY^.- ANY AUTO owdo ❑ AUTOS ONLY 11-1-; AUTO$ El HIRED AUTOS at1LY El AURES N 11 El N N RAP0398474 ()110117017 0110112018 MBIN rnISItIGLE UMR 1 1,000,000.00 snotty hm"Y (Per pdrs ) S sQA iY ltenJRY (Per ae rse t � OPEED Tin AM113E � d PIP ; 16,9t)O.QQ { �1# UMDRELLALIkQ ®OCCUR E#CEEELIAITElCLAII&MiAOE N N MCD398476 OUOfi2017 011011201Q FACHOCCURRENCE ; 12000 00.00 AOWeGATE 1 12.909.000.00 UFO RFTF.YTION 3 U WORN; R4 COMPEN#ATION AND EMPLOYERI LIABILITY YJN ANY PROPRIFT b4PFtGd.tatyIn REYCUJDEo7 MM DE34ReTiO8ribe un der DESCRIPTION OF �OPERATICtTS bolcror NrA N WC0390475 0f/0172017 01i0ftd0ttf OTH- PERTUT, WJ Ll E.L. eACNACCMrzt4T 1 1000.000.$0 E.LMSFA5F-EABIFI-OfE S 1080,000.90 EL DISEASE, POLICY UNI = 1,000,000.00 DESCRIPTION OF OP4 RATIGNB t LOCAYIONS tVEHttAae tAHach ACOTTO {UI, Add0tonA Aeinarka echkmK It moraepacs Is required) Evidence of Insurance Only - 00 NOTALTER OR DUPLICATE �.enraetyua,rr�ee•nuTer er,sarrrv�r,rrrua ACORD 25 (2010A3) OF W 1908.2018 ACORD CORPORATION. All Tights reserved. The ACORD name and logo art neglstared marks Of ACORD CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 { ITB NO.: 15-16-040 CITY OF MIAMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EYidefioa of Insurance Only OO NOTALTFR OR OHPLICATF THE EXPIRATION DATE THEMOf, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORILED REPROIMTATN9 fJ& t 9 y ACORD 25 (2010A3) OF W 1908.2018 ACORD CORPORATION. All Tights reserved. The ACORD name and logo art neglstared marks Of ACORD CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 { ITB NO.: 15-16-040 CITY OF MIAMI SUPPLEMENT TO BID FORM CUSTOMER REFERENCE LISTING (Page 1 of 1) Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Bidder has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexity. 1} Company Name City of Boynton Beach 100 E. Boynton Beach Blvd. Address Boynton Beach, FL 33425 Contact Person/Contract Amount Wally Majors / $6,442,594 / Wilson Park Telephone No.: /Fax No. PH: 561-742-6255 / FX: 561-742-6233 2) Company Name City of Delray Beach 434 S. Swinton Avenue Address Delray Beach, Florida 33444 Contact Person/Contract Amount Bob Diaz / $ Telephone No.: ]Fax No. PH: 561-243-7343 / FX: 561-243-7060 3) Company Name Town of Surfside 9293 Harding Avcntic Address Surfside, FL 33154 4) 5) Contact PersoniContract Amount Chris Giordano / $4,074,525 / Surfside Comintniity Center Telephone No.: /Fax No. PH; 954-921-7781 /FX: 954-921-5807 Company Name City of Pompano Beach 100 West Atlantic Blvd. Address Pompano Beach, FL 33060 Contact Person/Contract Amount Marls Beaudreau / $3,856,386 / Mitchell Moore Pool Improvements Telephone No.: /Fax No. PH: 954-786-4191 /FX: 954-786-4113 Company Name Address City of Sanford 300 N. Park Avenne Sanford, FL 32771 Contact Person/Contract Amount Robert Beall / $4,404,500 /Fort Mellon Park Phase I Telephone No.: /Fax No. PH: 407-688-5080, Ext. 5423 / FX: 407-688-5021 98 Curtis Park Now Swimming Pool Facility ITB No.: 15-16-040 B-35806 eitp of Ariaini 4, Daniel J. Alfonso •, N F ,� City Manager To Whom It May Concern Subject: Reference Letter Name of Bidder: 'West Construction, Inc. The above referenced Bidder is responding to a Bid that has been issued by the City of Miami. The City requires that the Bidder provide written references with their Bid submission. By providing you with this document, the Bidder is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent. Name of Referenced Project: Wilson Park �Ilawina: S c#tnn tri-hP. C:nmhleifiid by ihe.`I�rnr�r vIr Scope of Referenced Work: Construction of Community Center of approximately 12,000 square feet, basketball courts, shelters, a playground and remodeling of the existing pool. Did the Scope Involve the construction, installation, repair and/or replacement of a stormwater pump station? [] Yes [A No Value of Project: $, 6,442,594.00 Date Completed: 01/2008 Percentage of physical construction work self -performed by Bidder: 30 % Was project completed on time & within budget: 9 Yes ❑ No If no, was the Bidder at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Great outfit; would not hesitate to work with them again Name of Project Owner: City of Boynton Beach Date: January 24, 2017 Signature of Project Owner's Representative-. Title: Wally Majors, Director Telephone: 561-742-6255 Sincerely, Annie Perez, CPPO, Director Procurement Department E-mail: majorsw@bbfl.us 99 Curtis Park New Swimming Pool Facility ITI3 No.: 15-16.040 B-35806 Citp o 1idint, yP?4 ' Daniel J, Alfonso City Manager To Whom It May Concern Subject: Reference Letter Name of Bidder. West CollstrUetion, Inc. The above referenced Bidder is responding to a Bid that has been issued by the City of Miami. The City requires that the Bidder provide written references with their Bid submission, By providing you with this document, the Bidder is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Surfside Community Center - -1 -3 "In e- Construction of a community center, aquatics complex, beac ru�ap itheater, Pao 7 [h touter Scope of Referenced Work: _slide &Seater features including fountains & splash pads, landscaping, Site_-lialttina, and shade structures. Did the Scope involve the construction, installation, repair and/or replacement of a stormwater pump station? ❑ Yes d No Value of Project: $ 4,074,525-00 Date Completed: 04/2011 Percentage of physical construction work self -performed by Bidder: 70 % Was project completed on time & within budget: [A Yes ❑ No If no, was the Bidder at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: I would reconu-nend West for future projects of similar scope. Name of Project Owner: Town of Surfside Signature of Project Owner's Representative: Title: Chris Giordano, Project /Manager Telephone: 954-921-7781 Sincerely, Annie Perez, CPPD, Director Procurement Department E-mail: cgiordaiio@calviii-gioidrtno.com 99 Curtis Park Now Swimming Pool Facility ITB No.: 15-16-044 B-35606 efty of Altami Daniel J, Alfonso City Manager To Whore it May Concern Subject: Reference tetter Name of Bidder: We t Construction, Inc. The above referenced Bidder is responding to a Bid that has been issued by the City of Miami, The City requires that the Bidder provide written references with their Bid submission. By providing you with this document, the Bidder is requesting that you provide the fallowing ref6rence information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Mitchell Moore Pool Improvements Scope of Referenced Work: Demolition of IOear old vocal =d facility. ConstMotion of new pool and Cid the Scope involve the cvnstrUction, installation, repair and/or replacement of a stormwater purnp station? f❑ Yes 0 No Value of Project; $ 3,856,386.00 Date Carnpleted: 04/2008 Percentage of physical construction want self -performed by Bidder: too % Was project completed on time & within budget: 2 'Yes 0 No If no, was the Bidder at fault or contribute to the delay($) or increased cost? Q Yes 0 No If yes, please provide details: Comments: Name of Project Owner: City of Pompano Beach Date, 1246-16 Signature of Project Owner's Representative: Nark 4, readn Title: Mark Beaudreau, Recreation Programs Admin, Telephone: 954-786-4191 E-mail: Mark.Beaud4'eaU4cepbf1.com Sincerely, Annie Perez, CPPD, Director Procurement Department 99 Curtis Parte New Swimming Pool Facility IT$ No., 15-16-040 8-35806 TFC/TO 39Vd DMIS NVC] ETTV982VSG D6:3T 9TK/9TIZL Not Applicable SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Mage 1 of 3) Please type or print clearly, This Affidavit must be completed in full, signed and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS DEFINED BY CITY CODE SECTION 13-73. Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship ❑ Corporation Corporation Document No: Date Established Occupational License No: Date of Issuance Office Location (Establishment of the bidder/Bidder): 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) riteria: 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 by the chief procurement loo Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35805 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) 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 6) 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 bona fide local 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 the Bidder has not been established with the sole purpose of obtaining the advantage granted bona fide local Bidders by this section. Authorize Signature Print dame (0)i poi ate: •..,cal) Title Authorized Signature SUPPLEMENT TO BID FORM: Authorized Signature Print Name Title Authorized Signature IOi Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 NOTARY PUBLIC: My Commission Expires: as identification. Please submitwith 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 Bidder's office. ]U2 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87,18-89,18-120 OF THE CITY CODE Martha A. Morgan hereby certify that: Martha A. Morgan am the (President/Secretary or Principal) of West Construction, Inc. (Bidder); ii) I have read Sections 18-87,18-89 and 18-120 of the City of Miami Procurement Code; OR a. (Bidder) West Construction, Inc. 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"); b. (Ridder) hereby is certified by Miami -Dade County as a CSBL 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 in the bid document. iii) (Bidder) West ConstrUCti011, Inc, hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. iv) (Bidder) West Construction, Inc. hereby agrees to comply with the Responsible Wages and Benefits on Construction Contracts Requirements stated in Section 18-120 of the City of Miami Procurement Code. OPTIONAL: V) (Bidder) West Construction, Inc. hereby agrees to make assignments pursuant to Item ii),_abvve, to certified CSBE firms who maintain a "Local Office", as defined in City Code Section 18- 73, Al, STATE OF FLORIDA ) Ss > MARTHA A. MORGANCOUNTY OF MIAMI -DARE ) PRESIDENT Before me a Notary Public duly commissioned, qualified and acting personally, appeared Martha A. Morgan to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certificate of Compliance with Sections 18-87, 18-89 and 18-120 of the City of Miami Procurement Code on behalf of Bidder named therein in favor of the City. Subscribed and Sworn to before me this 25th/d y an a .20 17 My commission expires: r a°`WY'AGar¢ RACQUEL J. BARRElT ary P ic, Stat Flofida-at.La;o * My COMMISSION FF23M934 t EXPIRES: June 3, 2019 ���*�oFnua�°r Do-nGedTliruBu4�alHafarySerrlcp Bonded by 103 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 THIS FORM MUST BE COMPLETED BY BIDDERS/PROPOSERS FOR PROJECTS WITH CS -BE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SUI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE" Name of Bidder/Proposer: West �f'nnstmrlinn_jnr Contact Person: mn tl)a A tvfnrrran, Press zur Address _318 Soutb Dixie Tiidhway. Suite 4-5 Lake Wcrtfi_ FL '3460 Phone No.: F I - kR 201.7 Project Name: Facility, 0A Project Number.] 5 -16 -04L - Contract Dollar Amount: 15% CSBE Dollar Amount Name of Prime Certification Certification Type of CSBE work to be Bidder's self Total Dollar ($) Amount of Bidder/Proposer No. (if Expiration Date performed by the Bidder (if performance Bidder's self performance Subcontractor applicable) (if applicable) applicable) percentage (%) of Contract Value we;wegt constniction.Inc.CBC057038 08131/2018 lv/Al I hA r inrlPrClnnpn intpnrlc In nprrnrm tnA tnllnwlnn wnrlr in r:nnnAr`rrnn With MA AhnVA nnnrMrr• Name of Subcontractor Certification Certification Type of CSBE work to be Subcontractor Total Dollar ($) Amount of No. Expiration Date performed by the percentage (%) Subcontractor's CSBE Subcontractor of Contract Value requirement 3 corury tnat me rep rc5enrCugn5 wmairi= in Lnl5 rtrnn and Lrud arlu eG urate W Lrtd adut W IF I KI IUWICUye. L al lir I l lnCt i —I di 1— 11 L{U bUL• I rV dURlal ayl IZ OF ldrtLkbi Wru I u rd auVYe I bLI-1 woG Subeon(raotot(5),J)• awardeQ this-,reo"L Copies of tree agreensent(s) will be immediately made mailable to the City of Miami as required. 01/25/2017 Martha A. President Bidder Signature � j Date Bidder Print Name Title ( P„i 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 €hat is reasonably required to provide such goods consistent with normal industry practice, and the ability to otherwise meet the: bid specifications. /Eg/ovr L+ff4 Subcontractor Signature me 104 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 -ie- Title THIS FORM MUST BE COMPLETED BY BIDDERSIPROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSB Name of Bidder/Proposer. Address- 318 Saute Di THIS FORM MUST BE COMPLETED BY BIDDERSIPROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE") Name of BidderlProposer: West Construction, Inc. Contact Person: Martba A. Morgan. President Address:318 South Dixie Highway, Suite -), Lake Worth, kL 3346U Phone No.: Project Name: Curtis Park New Swimming Pool Facility. B-35806 Project Number: 15-16-040 Contract Dollar Amount: 15% CSBE Dollar Amount Name of Prime Certification Certification ! Type of CSBE work to be Bidder's self Total Dollar ($) Amount of Bidder/Proposer No. (if Expiration Date performed by the Bidder (if performance Bidder's self performance C.L. Elias Construction, lnc. 448 applicable) (if applicable) applicable) percentage J%) of Contract Value —West t C13CO57039 08/31/2018 NIA I he undersigned intends to oertorm the tnllovvina work in connPr:ftrin with the ahnve nnntrart' Name of Subcontractor Certification Certification Type of CSBE work to be Subcontractor Total Dollar ($) Amount of No. Expiration Date performed by the percentage (%) SubcontraCtor's CSBE Subcontractor of Contract Value requirement C.L. Elias Construction, lnc. 448 1/31/2018 I ce nrly inat the representauons contarneo in m s rorm are true ana accurase to me crest or my Knowie(Ige. t amrm rnat t will enter nno 3urr-e9ntraGtua1 agreements' wnn the atrove i sieo �acsr Subconiraclor(s) if awarded this conlrar-L Copies of the agreemenlis) will be immediately made available to 1he City of Miami as required. 01;25/2017 Martha A. Morgan President bicaer signature uare tuaaer rant name I Itie The undersigned has reasonable and uncommitted capacity sufficient to provide the required goods or services, all licenses and permits necessary to provide such gods or servicesbiiSLy tojobtain bonding that is reasonably required to provide such goods consistent with normal industry practice, and the iiilut at�erwise meettVee •' soeC !cations. 11125116 Christi L. Elias President 104 Curtis Park New Swimming Pool Facility B-36806 ITB No.: 15-16-040 THIS FORM MUST BE COMPLETED BY BIDDERSIPROPOSERS FOR PROJECTS WITH CSBE REOUIREMEWS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM C'CSBE Name of Sidder/Proposer:West Construcrion_ Contact Person: Maratha A. ""organ, President Address: 318 South Dixic aahwav_ Suite 4-5, La Inc-, Wort , . 4 3*,g27 - __... Phone No.: -- Project Name: Ctrs P,: F/ -A- Wi Project Number: Contract DollarAmount: 15% CSBE Dollar Amount Thp rinrlpreinnpri intpncis to nPrtnfm the tnllnwinn work in rnnnertinn with the ahnvp rnntrnr_t, Name of Subcontractor Certification Name of Prime Certification Certification Type of CSBE work to be Bidder's self Total Dollar ($) Amount of Bidder/Proposer No. (if Expiration Date performed by the Bidder (if performance Bidder's self performance of Contract Value applicable) (if applicable) applicable) percentage (%) of Contract Value West Construction. Inc. CBC057039 08/31/2018 N/A Thp rinrlpreinnpri intpncis to nPrtnfm the tnllnwinn work in rnnnertinn with the ahnvp rnntrnr_t, Name of Subcontractor Certification Certification Type of CSBE work to be Subcontractor Total Dollar ($) Amount of No. Expiration Rate performed by the percentage (%n) Subcontractor's CSBE Subcontractor of Contract Value requirement 7c r /Z!t ' % li 91,1y1a0,), I Certify that the re efitatibns WnWined in tPs form are true and accurate to the best of my Knowlecige. I eMrrn that 1 will enter into sub -contractual agreement(s) with the above listed U55E Subcontractor(s) irtivmOed this contract. Copies of the agreement(s) will be immediately made available to the City of Miami as required. nature Date 017 Martha A. Morgan Bidder Print Mame President 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 otlArwise n;eet the bid specifications. Print Name 104 Curtis Park New Swimming Pool Facility ITB No.: 15-1"40 B-35806 SCHEDULE OF INTENT AFFIDAVIT {SOI} MIAMI, SMALL BUSINESS ENTERPRISE - CONSTRUCTION ($BE -CONST) PROOR,AM lamc or Prlmr C'onlroctor West Construction, Inc. t:ontnrt Per*au Martha A. Morgan, President Addrrsw11318 S. Dixie Highway, Ste. 4-5, Lake Worth, FL 334601,11} C 561-588-2027 0 561-582-9419 i.ulnll mamorganCuwestconstructioninc.net Project iVame Curtis Park New Swimming Pool Facility, B-35806 Project M1lnmber 15-16-040 SB!-Consf C'01111 .acl tileasllrof This faun n1a�t 11c rnsnpklyd by the Mnv Conlrobet. ane! t11c'inrdl ifuaiaessF.ntcrprlro-i'unstruclinn i5B}: lon1t15uhco+ttrs�elar 1bol wlll he n111hed For maprn Owarfc un the Project. - - Midden nvoi include rhi+1^form Lith bld docurnau at Me HIMO of hid mahn odea, Mir farm must now libelade Plot %1JF'r4 nuU usY� I nakeb- meale Irma le. 4� _..__. oralolodk lsk) Of soppflcablo lirappilrnble) 91SP:-t'naYa i-crliliraihru PH nit ('mrtrnrtor SB>E;-C:tami Vasoof!PrintCantrnetar Cella n P"E+irmliun11uir Senile nf('oesslrvctionrrrrrhfo he wo-Tur ow -d by i'ItilrleC"unlnarPar of fold Prfart%ofOld West Construction, Inc. N/A Ni. A N/A Primr Cuninlclur-I'sfr[ Perrrnll e' N/A The uadcrAllrncd inleads fu perkrmthe (ollolrtaR srnr'Ir in ennneelunn s h rhe ahsrvsean[rrrlr fills rota are tit the bailor my imaw lodge hole mad aeruratc. Vrm Or_ President _ 01/25/2017 Inrltut $Iitnaluro f prime Prim Noise Prince Priut'I'llk DaIr 'rir puderrlp[csf hm i-ra"nobl cun+miiird rapaelly suMckrut to provide the required goads arsnrlrcs, a8 lltrum and 1a..1-rslits ntcstisary In proviglc nrrl'h goad{ or srrvicet. ■hllllt In uh[ain hondinit Ilait Is rets! F} rid 1u provilk such g"s ur varvlccs e,lasir 11%, (it !"anal laduidry pmcllct.;rnd 1ht ability to nthernite Marl lilt' I1141 *prriflralivacs. till all norm tilKaaturr tif1E-Canst 3u1reoutraNa r Pri1t1 Nanut Rlllt-C omit Snbennlrrcfar Print T'iticn" e ("11 ' his box If iblil project Is a sat-aehle and you gyre perrorraing IIIb1Y/, of the work with your own workforces. Chrrk lhlli bit%If Irarm SOD MKA oiled For®f 4E10 !APSE/ havebeo n submlllcd In your pr Icing enrelupe- 4:heck M16 bait irForm sliD 303 has beet! submitted In ydlrr pricill9tgvckpo.. List urCerldled19rrasklltJt?&ll tllLirlA!dRdtHOS'dllLsllxi�sPFli� lUhraneollrtit,up 2Shtys tvrimlir hNL' '�tr_t �1 ITfl,Nl11s111siS ysYd6�ftndnnyxunal-hretaita x.. Sorrm7 ANOWAl tV imf4arwa[ 011ttom- lertmiat en*0 111TMOVA/ ti111) dlln 1Nornwrir 111411 -Hoff ilirticd W141 {if appHeshkl ltC appHcahle} ilf tlgtlirablel tii11a:-f'oa+rt wltT:-('Dost (:a>taerucf�n ifik:-('oast { eriifkaPlnn VcnfrC of cons lrilettarlwork lit In pCTCUrntrd hY 111henillrarlor%off 911lYcrNNrncior Goat IYlal t—Up Name: of SaF-C.O l Wits lar I arlflicarfan No. Yxiii1ratlan Bart ISE -Monti Subcontractor Hld Trout !tai Abide . % - a nhrtlmr'pcttil-I'Mall Prrrrnisitt; fills rota are tit the bailor my imaw lodge hole mad aeruratc. Vrm Or_ President _ 01/25/2017 Inrltut $Iitnaluro f prime Prim Noise Prince Priut'I'llk DaIr 'rir puderrlp[csf hm i-ra"nobl cun+miiird rapaelly suMckrut to provide the required goads arsnrlrcs, a8 lltrum and 1a..1-rslits ntcstisary In proviglc nrrl'h goad{ or srrvicet. ■hllllt In uh[ain hondinit Ilait Is rets! F} rid 1u provilk such g"s ur varvlccs e,lasir 11%, (it !"anal laduidry pmcllct.;rnd 1ht ability to nthernite Marl lilt' I1141 *prriflralivacs. till all norm tilKaaturr tif1E-Canst 3u1reoutraNa r Pri1t1 Nanut Rlllt-C omit Snbennlrrcfar Print T'iticn" e ("11 ' his box If iblil project Is a sat-aehle and you gyre perrorraing IIIb1Y/, of the work with your own workforces. Chrrk lhlli bit%If Irarm SOD MKA oiled For®f 4E10 !APSE/ havebeo n submlllcd In your pr Icing enrelupe- 4:heck M16 bait irForm sliD 303 has beet! submitted In ydlrr pricill9tgvckpo.. List urCerldled19rrasklltJt?&ll tllLirlA!dRdtHOS'dllLsllxi�sPFli� lUhraneollrtit,up 2Shtys tvrimlir hNL' '�tr_t �1 ITfl,Nl11s111siS ysYd6�ftndnnyxunal-hretaita x.. Sorrm7 ANOWAl tV imf4arwa[ 011ttom- lertmiat en*0 111TMOVA/ ti111) dlln 1Nornwrir 111411 -Hoff ilirticd W141 THIS FORM MUST BE COMPLETED BY BIDDERSiPROPCSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE" Name of Bidder/Proposer: West Construction, Inc. Contact Person. Martha A. Morgan, President Address: 318 South Dixie Highway. Suite 'Lake Worth. -FL - -34 _ _ Phone No.: -501-51s6_20i7 Project Name: Curtis Park New Swimming Pool Facility, B-35306 Project Number: 15-16-040 Contract Dollar Amount: 15% CSBE Dollar Amount ThP iinrlarGirtneri intPnric to nPrtorrn the tnllowino work in nnnnPrtion with the ennvP contract, Name of Subcontractor Name of Prime Certification Certification Type of CSBE work to be Bidder's self Total Dollar (S) Amount of BidderfProposer No. (if Expiration Date performed by the Bidder (if performance Bidder's self performance applicable) (if applicable) applicable) percentage (%) �/.� � rapt � /5.Z �3 .a • ,�/• zo�•g �t,� of Contract Value West Construction. Inc. CBC057035 1 08'31;2015 N/A ThP iinrlarGirtneri intPnric to nPrtorrn the tnllowino work in nnnnPrtion with the ennvP contract, Name of Subcontractor Certification Certification Type of CSBE work to be Subcontractor Total Dollar ($) Amount of No. Expiration Date performed by the percentage (%) Subcontractor's CSBE Subcontractor of Contract Value requirement �/.� � rapt � /5.Z �3 .a • ,�/• zo�•g �t,� I certify that the representations contained rn this form are true and accurate to ?ha best of :ny knowledge. i atnrm that I will enter Into sub -contractual agreernent(s) with the above listed CSBE Subcontractor(s) if awarod this contract Copies of the agreement(s) will be immediately made avai€able to the City of Warn as required. 17 Martha A. Bidder Print Name President 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 todfh-�rwise meet the bid specifications. / 9.2017 .vis ,4• r Signature Date I04 Curtis Park New Swimming Pool Facility I76 No.: 15-16-040 B-35806 REQUIRE® SUBMISSION WITH YOUR BID LOCAL WORKFORCE PARTICIPATION BI© QUESTION: List all contracts the Bidder has performed for the City of Miami for the past three (3) years which included Local Workforce Participation Requirements, The City will review all contracts the Bidder has performed for the City for the past three (3) years in accordance with Section 18-89 of the City Code, which requires that "the City shall consider the Bidder's adherence to the City's Local Workforce Participation Requirements within the past three (3) years in making any future contract awards. The solicitation documents will include the Bidder's past compliance with these requirements of the City," As such, the Bidder must list and describe all work performed for the City of Miami for the past three (3) years. Please provide factually detailed responses for each project that address each of the important items below. (i) contract number, name and brief description of work; (ii) total dollar value of the contract; (iii) dates covering the term of the contract; (iv) percentage of Local Workforce Participation Requirements met by the Bidder; (v) breakdown of local workforce used to meet the requirements (number of persons broken down by trade and category); (vi) if the Bidder was unable to meet the Local Workforce Participation Requirements, explain the reasons why, and what efforts, if any, were utilized by the Bidder to attempt to meet these requirements; (vii) if the project was over one million dollars ($1,000,000), did the Bidder hold a job fair(s), if yes, provide the date and location of the job fair(s), number of attendees; (viii) was a third party hired to verify and certify compliance with the Local Workforce Requirements, if yes were all requirements met, what was the third party's name and provide their current contact information; (ix) was the five percent (5%) retainage fee released to the Bidder by the City upon project completion, and (x) If the Bidder did not meet the goals, did you seek a waiver of the program requirements from any City officials? Please explain in detail. 105 Curtis Park New swimming Pool Facility ITS No.: 15-16.040 B -35F306 N LOCAL WORKFORCE PARTICIPATION Contract Number: 14-1176 Name of Project: West End Park New Community Building Project Description: Construction of a new community building of approximately 10,800 sq, ft. gross area. The project also includes the demolition of the existing building and construction of a courtyard. Contract Value: $2,252,191 Date of Contract: Local Workforce Percentage: Breakdown of Local Workforce: Reason for not meeting LWP Requirements (if applicable): Was job fair held for project over $1,000,000: Was a third -party hired to verify & certify LWP? Provide name & contact information: 2014-2016 41.2% Roofing - 8.3% Utilities - 2.5% Fencing -.5% Plumbing - 3.8% NIA No Electrical - 9.2% HVAC - 15.8% Fire Sprinkler - 1.1 % Yes Lindsay Hopkins Center South Florida Workforce Center (CareerSource South Florida) Was 5% retainage fee Still pending released to Bidder by the City upon comple- tion? If the Bidder did not N/A meet the goals, did you seek a waiver from any City offi- cials? CURTIS PARK NEW SWIMMING POOL. FACILITY, B-35806 ! ITB NO.: 15-16-040 CITY OF MIAMI IIIIi►I�1�1��1i��i]���il�l�Z,7����[�I��'�rrIi�7�l Contract Number: 14-1175 Name of Project: African Square Park Improvements & Renovations I Splash Park Project Description: The project consists of the demolition of existing restrooms and the con- struction of a new restroom building and a fully operational 2,400 SF inter- active water playground/splash park. Additional work includes patching, repair and painting of some ancillary structures, new handicap access route to the existing amphitheater, and a new French drain. The splash park area will be enclosed with a 48" high ornamental fencing. The electric and water utilities will be extended to the splash park area. All existing large trees will be preserved. Contract Value: $500,017 Date of Contract: 2014-2015 Local Workforce Percentage: Breakdown of Local Workforce: Reason for not NIA meeting LWP Requirements (if applicable): Was job fair held for NIA project over $9,000,000: Was a third -party Yes hired to verify & certify LWP? Provide name & contact information: Was 5% retainage fee Still pending released to Bidder by the City upon comple- tion? If the Bidder did not N/A meet the goals, did you seek a waiver from any City offi- cials? CURTIS PARK NEW SWIMMING POOL FACILITY, 8-35806 1 ITIS NO.: 15-16-040 CITY OF MIAMI Not Applicable FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Bidder is submitting as a joint venture, please be advised that this form (2 pages) MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their tities) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating:. (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: (c) Supervision of field operations: 115 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the City in writing. 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 City current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venturers relevant to the joint venture, by authorized representatives of the City. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Bidder: Signature: Narne: Title: Date: Name of Bidder: Signature: Name: Title: Date: 116 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 HEALTH AND SAFETY PLAN for CURTIS PARK NEW POOL FACILITY 1901 NW 24th Avenue Miami, Florida (DERM File No. HWR-777) Prepared For. Miami -Dade Department of Regulatory and Economic Resources Environmental Resources Management Overtown Transit Village 701 NW 1St Court, Suite 400 Miami, Florida 33136 Miami -Dade Parks, Recreation and Open Spaces Department 275 NW 2nd Street Miami, FL 33128 Prepared By: Langan Engineering & Environmental Services, Inc. 15150 Northwest 79th Court, Suite 200 Miami, Florida 33016 FL Certificate of Authorization No. 00006601 Roger Simon, LEP Vincent D. Yarina, P.G. Project Geologist Senior Associate/Vice President January 2017 991000118 L.A NCA N ENGINEERING & ENVIRONMENTAL SERVICES 15150 N.W. 79th Court, Suite 200 Miami Lakes, FL 33016 T: 786.264.7200 F; 786264.7201 www.langatt.Com New iersey • New York • Virginia • Caf `omia - Pennsylvania • Connecticut • Florida • Abu Dhabi . Athens . Doha • Puoai • Istanbul Health and Safety Plan January 2017 Curtis Park New Pool Facility 991000118 1901 NVV 24th Avenue, Miami, Florida Page i of ii (DEFM File No. NWR-7771 TABLE OF CONTENTS Paqe No. 1.0 INTRODUCTION............................................................................................................ 1 2.0 SITE LOCATION AND PROJECT BACKGROUND........................................................ 1 3.0 DESCRIPTION OF TASKS............................................................................................. 1 4.0 IDENTIFICATION OF KEY PERSONNEL/ HEALTH AND SAFETY PERSONNEL......... 2 4.1. LANGAN PROJECT MANAGER (PM): PHONE: TBD .......................................... ..... 2 4.2. LANGAN CORPORATE HEALTH AND SAFETY MANAGER (HSM): PHONE: TBD ............. 2 4.3. LANGAN HEALTH AND SAFETY OFFICER (HSQ): PHONF: TBD ............ ...................... 2 4.4. GENERAL CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITIES ..........................: 3 5.0 TASK/OPERATION SAFETY AND HEALTH RISK ANALYSIS .................................... 3 5.1. CHEMICAL ExPOSURE HAZARDS.......................................................................... 3 5.2. PHYSICAL HAZARDS AND TASK RISK ANALYSIS ..................................................... 4 6.0 PERSONNEL TRAINING ...... ............................... ........................................................... 4 6.1. BASIC TRAINING...................................................:..................I......................... 4 6.2, SITE-SPECIFIC TRAINING.......................................................................................5 6.3. SAFETY BRIEFINGS........................................................................`..............I......... 5 7.0 MEDICAL SURVEILLANCE........................................................................................... 5 8.0 PERSONAL PROTECTIVE EQUIPMENT (PPE) .............................................'................ 5 9.0 SITE CONTROL ................................... ................................ ......................... I................ 6 9.1. SITE COMMUNICATION PLAN................................................................................ 6 9.2. WORK ZONES... .......... ....... ...... ........... 6 9.3. THE BUDDY SYSTEM............................................................................................. 6 9.4. NEAREST MEDICAL ASSISTANCE .. ............. ........ ............... ...... ...... I ....... .......... ...... 7 9.5. SAFF WORK PRACTICES........................................................................................ 7 9.6. UNDERGROUND UTILITIES...................................................................................... 7 10.0 DECONTAMINATION PLAN......................................................................................... 7 10.1. GENERAL ................ ,................................... ,............. ...... .............. ........................ 7 10 2, DECONTAMINATION PROCEDURES........................................................................... 7 10.3. DISPOSAL OF DECONTAMINATION WASTES.............................................................. 8 11.0 EMERGENCY RESPONSE............................................................................................. 8 11.1. GENERAL............................................................................................................8 LANEAN Health and Safety Plan January 2017 Curtis Park New Pool Facility 991000118 1901 NW 24th Avenue, Miami, Florida Page a of ii (DERM File No. l iWR-777) 11.2. RESPONSIBILITIES. .................................... — .................. ....... ........... ....... ...... 8 113. EVACUATION......................................................................................................... 8 11A. EMERGENCY CONTACTS/NOTIFICATION SYSTEM ...................................................... 9 11.5. EMERGENCY MEDICAL TREATMENT......................................................................... 9 11.& FIRE OR EXPLOSION..............................................................................................10 Decontamination Procedure 11.7. SPILLS/LEAKS.......................................................................................................10 Incident/ Injury Report 1 1 .8. ADVERSE WEATHER CONDITIONS...........................................................................10 prominently onsite, or made readily available to all personnel at all times 11.9. DOCUMENTATION.................................................................................................10 12.0 CONFINED SPACE ENTRY ............................................ ................10 13.0 HASP COMPLIANCE AGREEMENTS..........................................................................11 FIGURES (FROM SITE ASSESSMENT REPORT 21 APRIL 2014 Figure 1 Site Location Map Figure 2 Delineation Soil Boring Locations and Visible Solid Waste Figure 3 Soil Sample and Monitoring Well Locations Figure 4 Soil Analytical Summary (0-0.5) Figure 5 Soil Analytical Summary (0.5-1) Figure 6 Soil Analytical Summary (1-2) Figure 8 Visible Solid Waste Area LANEAN APPENDICES APPENDIX A Jobsite Safety Inspection Checklist APPENDIX B Route to Hospital' APPENDIX C Standing Orders* APPENDIX D Decontamination Procedure APPENDIX E Incident/ Injury Report *Items to be posted prominently onsite, or made readily available to all personnel at all times 1Vangan.comldata\MIA1otheW,3rkec,nglSDO's\201 ACurEis Park New Pool - 1501 NW 24 AVE\HASP\Curus Park Pool HASP -r nal.docx LANEAN Health and Safety Plan January 2017 Curtis Park New Pool Facility 997000118 7901 NW 24th Avenue, Miami, Florida Page 1 of 11 fDERM File No. NVVR-7771 1.0 INTRODUCTION Langan Engineering & Environmental Services has prepared a site specific Arsenic Hazard Protection Plan/Health and Safety Plan (HASP) for the Curtis Park New Pool Facility (CDP) at 1901 NW 24th Avenue, Miami, Florida ("the project" or site). This HASP is prepared according to Miami -Dade Department of Regulatory and Economic Resources Division of Environmental Resources Management (DERM) requirements and to comply with Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.120(b)(4), Hazardous Waste Operations and Emergency Response. This HASP is to be implemented by Langan and contractors who will work onsite during implementation of a Corrective Action Plan only, not for other construction activities. Compliance with this HASP is required of all Langan personnel and third parties who enter this area of site operations. The management of the day-to-day activities concerning the site and implementation of this HASP in the field is the responsibility,of the site Health and Safety officer (HSO). Assistance in the implementation of this HASP can also be obtained from the Langan Health and. Safety Manager (HSM). The content of this HASP may change or undergo revision based upon additional information made available to health and safety personnel, monitoring results, or changes in the scope of work. Any changes proposed must be reviewed by health and safety (H&S) staff and are subject to the approval of the Langan HS:M 2.0 SITE LOCATION AND PROJECT BACKGROUND The project site is Curtis Park New Pool Facility, located at 1901 NW 24th Avenue, Miami, Florida. The site is in a residential neighborhood. Laboratory analytical results indicated the surficial soil (0 to 2 feet below ground surface (bgsll contains heavy metals at concentrations above the direct exposure residential soil cleanup target levels (DER SCTLs). The soil impact appears to be the result of historical use of incinerator ash at Miami -Dade County `,parks, Figures 1 through 6 and Figure 8 from the Site Assessment Report (21 April 2014) shows the impacted soil impact locations and extent. The proposed corrective action to address the "contaminated soil comprises removing one foot to two feet of contaminated soil and placing an engineering control to prevent direct exposure to the remaining soil. The control will be a geotextile fabric and one foot of clean fill. 3.0 DESCRIPTION OF TASKS The section describes the tasks and activities to be occurred onsite in which there is potential for arsenic exposure for onsite workers, as follows. • Task 7 - Clearing and Grubbing The contractor will conduct clearing and grubbing to prepare for construction. Any trees, stumps, roots, brush, and other vegetation to be cleared will be cut flush with or below the original ground surface. Grubbing will consist of the removal and disposal of stumps, roots larger than 3 inches in diameter, and matted roots from the designated grubbing "" I _ C �_ � Health and Safety Plan Curtis Park New Pool Facility 1901 NW 24th Avenue, Miami, Florida (DERM File No. HWR-777) January 2017 991000118 Page 2 of 11 areas. Material to be grubbed, such as tree stumps, logs and other organic debris, if not suitable for foundation purposes, will be removed and disposed of at an offsite facility for mulching. Prior to hauling away, the contractor will separate the soil from the cleared and grubbed vegetative material, • Task 2 - Excavation, Staaing, Exporting and Backfilling The contractor will excavate according to the construction drawings to install underground features (foundations, utilities, etc.). The excavated soil will be temporarily staged or backfilled according to the Soil Management Plan for contaminated soil handling, • Task 3 - Potential Sarng ina for Soil Characterization No offsite disposal of contaminated soif is expected during construction at this time. If contaminated soil needs to be disposed of at an offsite facility, soil sampling will be conducted in accordance with the 22 March 2004 Miami -Dade County Soil Reuse Guidance for proper characterization prior to disposal. 4.0 IDENTIFICATION OF KEY PERSONNEL/ HEALTH AND SAFETY PERSONNEL The following briefly describes the H&S designations and general responsibilities which may be employed for this project. The titles have been established to accommodate the site needs and requirements in order to insure the safe conduct of on-site work. The number and type of H&S personnel for a given work location is to be based upon the particular H&S requirements relative to the proposed site activities or operations. 41. Langan Project Manager (PM): Phone: TBD The Langan Project Manager (PM) is TBD. Her responsibilities include: • Ensuring that this HASP is developed and approved prlor'to on-site activltles; and • Ensuring that all the tasks in the project are performed in a manner consistent with Langan's comprehensive Health and Safety Program for Hazardous Waste Operations and this HASP 4.2. Langan Corporate Health and Safety Manager (HSM): Phone: TBD The Langan Corporate HSM is TBD. His responsib0ities include: • Assisting site HSO with development of the HASP, updating HASP as dictated by changing conditions, jobsite inspection results, etc.; • Assisting HSO conduct Jobsite Safety Inspections and assisting with the correction of shortcomings found; and • Maintaining all records on personnel (medical evaluation results, training and certifications, accident investigation results, etc.). 4.3. Langan Health and Safety Officer (HSO): Phone: TBD The Langan Health and Safety Officer (HSO) is TBD, the alternate is TBD (Phone: TBD). HSO responsibilities include: Participating in the development and implementation of this HASP; LANGAN Health and Safety Plan Curtz Park New Pool Facility 1.90 7 NW 24th Avenue, Miami, Florida (DERM File No, HWR-777) January 2017 381000118 Page 3 of 11 • Conducting Jobsite Safety Inspections (Appendix A) and correcting any shortcomings in a timely manner; • Helping to select proper Personal Protective Equipment (PPE) and periodically inspecting it; • Ensuring that PPE is properly stored and maintained; • Controlling entry into and exit from the contaminated areas or zones of the site; • Monitoring the work parties for signs of stress, such as heat stress, fatigue, and cold exposure; • Monitoring site hazards and conditions; • Knowing (and ensuring that site personnel also know) emergency procedures, evacuation routes, and the telephone numbers of the ambulance, local hospital, poison control center, fire depa-rtment, and police department; and — - • Resolves conflicting situations which may arise concerning safety requirements and working conditions. 4.4. General Contractor and Subcontractor Responsibilities The General Contractor and each subcontractor shall develop and implement their own HASP, which identifies a lead individual responsible for H&S compliance for each of their employees, lower -tier subcontractors, and consultants. The subcontractor must be familiar with and abide by the requirements outlined in their own HASP. Additionally, subcontractors must: • Ensure their employees are trained in the use of all appropriate PPE for the tasks involved; • Notify the USACE of any hazardous material, if any, brought onto the Jobsite, the hazards associated with the material, and must provide a Safety Data Sheet (SDS) for the material; • Have knowledge of, understand, and abide by all current federal, state, and local health and safety regulations pertinent to the work; • Ensure their employees have received current training in the appropriate levels of 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response (HAZWOPER); • Ensure that their employees have been briefed on this HASP and have signed the Compliance Agreement (Section 13,0) 5.0 TASK/OPERATION SAFETY AND HEALTH RISK ANALYSIS This section provides an assessment of the general hazards that may be encountered during field work activities at the site through a task -by -task risk analysis. Potential hazards, generally categorized as chemical exposure and physical hazards, are addressed below. 5.1. Chemical Exposure Hazards The known chemical contaminant hazard onsite is arsenic. The OSHA permissible exposure limit (PEL) for arsenic is 0.01 mg/m3. The primary routes of exposure will include inhalation, ingestion, and dermal contact to soil. LA/VGA/'%/ Health and Safety Plan Curtis Park New Pool Facility 1901 NW 24th Avenue, Miami, Florida lDERM File No. HWR- 7771 January 2017 991000178 Page 4 of 1 1 The OSHA PEL for primary particle pollution standard as PM 10 is 15 mg/m3 as an 8 -hour time -weighted average (TWA). Dust control to meet particulate emission criteria would be sufficient to limit the chemical exposure due to arsenic. An air monitoring plan is prepared to establish action level for dust control at the site and shall be implemented during construction. 5.2. Physical Hazards and Task Risk Analysis The table below lists the potential physical hazards during each task effort. Task Hazard Description Control Measures First Aid 1,2,3 Skin contact soil contacts skin Wear proper PPE, See Note 2 follow safe below practices 1,2,3 Lacerations, Using tools in tight spaces, Wear proper PPE; See pages 48-51, abrasions, etc. follow safe NSC "First Aid punctures practices and CPR Standard' manual 1,2,3 Inhalation Dust kick up from Have quick access See Note 2 excavation to dust mask below 1,2,3 Lifting Improper lifting/carrying of Follow safe lifting Follow the RICE equipment and materials techniques procedures (p.99 causing strains in NSC manual) 1,2,3 Slips, trips, Any number of injuries Good Follow the RICE and falls could occur from slips, housekeeping at procedures (p.99 trips, and falls in carrying site, constant in NSC manual) out these tasks awareness and focus on the task 1,2,3 Noise Excavator, other Wear hearing construction equipment, protection etc. 1,2,3 Falling objects Soil material, tools, etc. Hard hats to be dropping excavators, etc. worn at all times while in work zones 1,2,3 Underground/ Excavator makes contact "One Call" before overhead with underground object; dig; follow safe utilities electrocution and practices explosion potential Note; 1. Tasks description refers to Section 3.0 above. 2. First Aid includes: Eyes: Irrigate immediately; Skin. Soap wash promptly; Breath: Resp. support; Swallow: Med, attn. immediately. 6.0 PERSONNEL TRAINING 6.1. Basic Training Completion of an initial 40 -hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training program (or its equivalent) as detailed in OSHA's 29 CFR 1910.120(e) is required for all Langan employees who will perform work in areas where L A NGA Health and Safety Plan Curtis Park New Pool Facility 1901 NW 24th Avenue, Miami, Florida rDERM File No. HWR-7771 January 2017 991000118 Page 5 of 11 the potential for a toxic exposure exists. Annual 8 -hour refresher training is also required to maintain competencies to ensure a safe work environment. In addition to these training requirements, supervisory personnel must also receive 8 additional hours of specialized management training (OSHA Site Supervisor). Training records are maintained by Langan's Health & Safety Department. 6.2. Site -Specific Training Training will be provided that will specifically address the activities, procedures, monitoring, and equipment for the site operations. It will include site and facility layout, hazards, and emergency services at the site, and will detail all the provisions contained within this HASP. Specific issues that will be addressed include the hazards described in Section 5.0. --- - — — 6.3. Safety Briefings Project personnel will be given briefings by the site HSC+ on a daily or as -needed basis to further assist site personnel in conducting their activities safely. Briefings will be provided when new activities are to be conducted, changes in work practices must be implemented due to new information made available, or if site or environmental conditions change. Briefings will also be given to facilitate conformance with prescribed safe practices when performance deficiencies are identified during routine daily activities or as a result of jobsite safety inspections. 7.0 MEDICAL SURVEILLANCE All personnel who will be performing field work involving potential exposure to toxic and hazardous substances will be required to have passed an initial baseline medical examination, with annual follow-up medical exams thereafter, consistent with 29 CFR 1910.120(f). Medical evaluations will be performed by, or under the direction of, a physician board-certified in occupational medicine. Additionally, personnel who may be required to perform work while wearing a respirator must receive medical clearance to do so consistent with 29 CFR 1910.134(e), Respiratory Protection. Medical evaluations will be performed by, or under the direction of, a physician board-certified in occupational medicine. Results of medical evaluations for Langan personnel are maintained by Langan's Health and Safety Department. 8.0 PERSONAL PROTECTIVE EQUIPMENT (PPE) PPE must protect workers from the specific hazards they are likely to encounter on-site. Selection of the appropriate PPE must take into consideration: (1) identification of the hazards or suspected hazards; (2) potential exposure routes; and, (3) the performance of the PPE construction (materials and seams) in providing a barrier to these hazards. Based on anticipated site conditions and the proposed work activities to be performed at the site, modified Level C Protection will be used. The decision to modify standard PPE will be made by the site HSO after conferring with the PM. The level of protection LANGAN Health and Safety Plan Curtis Park New Pool Facility 1301 NW 24th Avenue, Miami, Florida (DERM File No. HWR-777) is described below. January 2017 387000178 Page 6 of 11 • Level C Protection (modified) a) Safety glasses b) Safety boots/shoes (toe -protected) c) Coveralls (Tyvek or equivalent) — if necessary d) Hard hat e) short/long sleeve work shirt and work pants f) Nitrile gloves g) Hearing protection (as needed) h) Traffic vest (if working on or adjacent to roadway) 0 Half -face or full -face air purifying respirator _with P100 cartridges (as needed) 9.1. Site Communication Plan Verbal communications will be the primary method of communication used at the site during the work. Cell phones shall be used to the _extent practical by field teams for communication as needed. In the instances where verbal communication cannot be used, such as when working in respiratory protective equipment, hand signals will be used. It may also be necessary to use these signals when working around noisy heavy equipment. Hand signals will be covered during site-specific training. Hand signals and their message: Hand Signal Meaning Hand gripping throat Out of air; cannot breathe Grip partners wrists or place both hands around waist Leave immediately without debate Hands on top of head bleed assistance Thumbs up OK;I'm alright; I understand Thumbs down No; negative Simulated "stick" break with fists Take a break; stop work 9.2. Work Zones The need to formally establish specific work zones (Support, Contamination Reduction, and Exclusion Zones) during site activities is to be determined by the HSO. The exact layout and orientation of these zones will be determined by the HSO when mobilizing to the site to begin work. 9.3. The Buddy System When working in teams of two or more, workers will use the "buddy system" for all work activities to ensure that rapid assistance can be provided in the event of an emergency. This requires work groups to be organized such that workers can remain close together and maintain visual contact with one another. Workers using the "buddy system" have the following responsibilities: LANGAN Health and Safety Plan Curtis Park New Pool Facifity 1901 NW 24th Avenue, Miami, Florida (DERM File No. HWR-777) January 2097 991000118 Page 7 of 11 • Provide his/her partner with assistance • Observe his/her partner for signs of chemical or heat exposure • Periodically check the integrity of his/her partner's PPE • Notify the HSO or other site personnel if emergency service is needed 9.4. Nearest Medical Assistance The address and telephone number of the nearest hospital: University of Miami Hospital Address: 1400 NW 12th Ave, Miami, FL 33136 Phone: (305) 689-5511 A map of directions to the hospital is shown in Appendix B. This information is posted prominently at the site, or is always available to all personnel at all times. Further, all managers or superintendents know the directions to the hospital. 9.5. Safe Work Practices The standing orders, safe work practices that must always be- followed while on site, are shown in Appendix C. Many are common sense in nature. The site HSO has responsibility for enforcing these practices which are posted prominently at the site, or are made available to all personnel at all tlmes. Those who do not abide by these safe work practices will be removed from the site. 9.6. Underground Utilities Prior to any intrusive field work, the location of underground utilities will be clearly marked out by the subcontractor responsible for the excavation`: Before excavation, the general contractor will notify Sunshine State One Call system to mark nearby buried utilities. Excavation shall proceed with a spotter to observe potentiaC unknown utilities encountered. 10.0 DECONTAMINATION PLAN 10.1. General Al! personnel, clothing, equipment, and samples leaving the contaminated area of the site must be decontaminated. Decontamination for this operation is achieved through physical removal and chemical detoxification/disinfection/sterilization. The first step in decontamination, however, is prevention and standard operating procedures have been established meant to minimize contact with wastes: • Disposable outer garments can be worn • Work habits that minimize contact with wastes are stressed • Disposable equipment, where appropriate, will be used 10.2. Decontamination Procedures Standard decontamination procedures will be used as described A Appendix D. LANGAN Health and Safety Plan Curtis Park New Pool Facility 1901 NW 24th Avenue, Miami, Florida (DERM File No. HWR-777) January 2017 991000118 Page 8 of l 1 10.3. Disposal of Decontamination Wastes All spent decontamination solutions and wash water will be collected, stored in well - marked tightly -sealed drums on-site, or it will be disposed of properly by a licensed disposal company. All disposable contaminated clothing and equipment will be collected in plastic bags, stored in tightly sealed, well -marked drums and disposed of properly. The general contractor will provide all labor, materials, and equipment necessary to store, transport and dispose of material contaminated with arsenic in accordance with federal, FDEP, and local requirements. The general contractor will prepare and maintain waste shipment records and manifests required by the Resource Conservation and Recovery Act (RCRA), - U.S. Federal Department of Transportation QOT), and state transportation department. All off-site disposal of contaminated material will be in accordance with state and federal regulations. 11.0 EMERGENCY RESPONSE 11.1. General Because of the hazards that may be present at the site, and the conditions under which operations are conducted, it is possible that an emergency situation may develop. Emergency situations can be characterized as injury or chemical exposure to personnel; fire or explosion; environmental release; or serious weather conditions. 11.2. Responsibilities Site Emergency Coordinator The HSO, or his/her alternate, will serve as the Site Emergency Coordinator and shall implement emergency procedures whenever conditions warrant such action. The Site Emergency Coordinator will be responsible for assuring the evacuation, emergency treatment, emergency transport of site personnel, ,and notification of emergency units and the appropriate management staff. Emergency response instructions will be provided by the HSO as part of every employee's training prior to the start of work. Employees All employees are familiar with emergency response procedures for this work location. 11.3. Evacuation In the event of an emergency situation, an air horn or vehicle horn will be sounded three (3) times indicating the initiation of evacuation procedures. Loud voice command, if appropriate, can be used. No one, except the emergency responders, will be allowed to proceed into the area once the emergency signal has been given. The Site Emergency Coordinator will ensure that access for emergency equipment is provided and that all sources of combustion (e.g., operating machinery, etc.) have been shut down once the alarm has been sounded. Wind direction will be taken into consideration for evacuation plans. Evacuation plans will be discussed at the initial Site -Specific Training and as L Ak NGAl, N Health and Safety Plan Curtis Park New Pool Facility 1901 NW 24th Avenue, Miami, Florida (DERM File No. HWR-777) needed at the regular safety briefings. January 2017 991000118 Page 9 of 1 1 In all situations, when an on-site emergency results in an evacuation, personnel shall not re-enter until: 1. The conditions resulting in the emergency have been corrected 2. The hazards have been reassessed. 3. This HASP has been reviewed. 4. Site personnel have been briefed on any changes to this HASP. 11.4. Emergency Contacts/Notification System The fire department and other emergency response groups wilf be notified by telephone of the emergency as soon as possible. Emergency telephone numbers list is found in the table below. This list is also posted prominently at the site, or made readily available to all personnel all of the time. ORGANIZATION CONTACT TELEPHONE Local Police Dept. 911 Local Fire Dept. 911 University of Miami Hospital (305) 689-5511 Langan Project Manager (PM) TBD TBD Langan Health & Safety Officer (HSO) TBD TBD Langan Health & Safety Manager (HSM) TBD TBD National Response Center (NRC) 800-424-8802 TSCA Hotline 202-554-1404 National Poison Control Center 800-222-1222 11.5. Emergency Medical Treatment Personnel Injury In case of injury to personnel, immediately administer emergency first aid. The first aid kit is located in the Langan vehicle. The ambulance/rescue squad shall be contacted as necessary. Some situations may require transport of the injured parties by automobile. Therefore, reaps/directions to the nearest hospital are provided as Appendix B. Appendix B is also posted prominently at the site, or made readily available to all personnel at all times. Personnel Exposure Emergency first aid procedures to be followed are: • Skin Contact: Use copious amounts of soap and water, Wash/rinse affected areas thoroughly, then provide appropriate medical attention. Rinse eyes with water for at least 15 minutes. LArllGAN Health and Safety Plan Curtis Park New Pool Facility 1901 NW 24th Avenue, Miami, Florida (DERM File No. HWR-7771 January 2017 991000118 Page 10 of 1 1 • Inhalation: Move to fresh air and/or, if necessary decon/transport to hospital. • ingestion: Decontaminate and transport to emergency medical facility. • Puncture/Laceration; Decontaminate, if possible, and transport to emergency medical facility. 11.6. Fire or Explosion Appropriate fire extinguishers will be made available at the site for trained personnel to use on incipient stage fires without endangering the safety and health of those nearby. If the use of fire extinguishers will not extinguish the fire, immediately notify the fire department, sound the evacuation signal" and then evacuate the area 11.7. Spills/Leaks In the event of a spill or release; of a hazardous substance (as designated Section 02 61 13 Page 13 Amendment No. 0020 IFB W912BU-11-B-0023 in 40 CFR 302), pollutant, contaminant, or oil (as governed by the Oil Pollution Act (OPA), 33 U.S.C. 2701 et seq.), the HSO will notify the PM and HSM immediately;' If the spill exceeds the reporting threshold, follow the pre -established procedures as described in the RCRA Contingency Plan for immediate reporting and containment.' Immediate containment actions shall be taken to minimize the effect of any spill or leak. Cleanup shaft be in accordance with applicable federal, state, and local regulations. As directed by the P and HSM, additional sampling and testing shall be performed to verify spills have been cleaned up, 11.8. Adverse Weather Conditions In the event of 'heavy precipitation or hurricane, conditions will be assessed on site to determine if the work can proceed safely. If it is determined that the weather poses a significant hazard, site operations will be stopped and rescheduled. Some of the items to be considered prior to determining if work should continue include. • Potential for heat stress and heat -related injuries • Treacherous weather-related _working conditions • Limited visibility 11.9, Documentation Immediately following an incident or near miss, unless emergency medical treatment is required, the HSO must contact the Langan incident/Injury Hotline at 201-398-4699 and the client representative to report the incident or near miss. For emergencies involving personnel injury or exposure, the HSO and affected employee will complete and submit an Injury/Incident Report (Appendix E) to the Langan Corporate Health and Safety Manager as soon as possible following the incident. 12.0 CONFINED SPACE ENTRY None of the project areas identified for investigation will involve confined spaces. If a project area were identified as a confined space, entry into this confined space by Langan personnel is prohibited. 1WA ■►�1■1'1 Health and Safety Plan Cu(tis Park New Pool Facility 9901 NW 24th Avenue, Miami, Florida (DERM Ede No. HWR-777J January 2017 999000118 Page 1 9 of 19 13.0 HAST' COMPLIANCE AGREEMENTS All Langan field personnel, the General Contractor and their subcontractors will sign this HASP Compliance Agreement indicating that they have become familiar with this HASP, and that they understand it and agree to abide by it. Printed Name Signature Company Date fWA V T►�� Figures LANGAN Y \E9.-%," a' .—T, [., Pv.19r[ IGC/.➢- — , b , ]Y.• _ •:l1Pm ,aµ wa+.-. ".- ., .,8-.. r I, Cr I r i � ' 1 E_ � II; •" � —1�} .� ' �� } �`� .— .tri �L - ~ i Tr , •' W ^�,� < _- P'Y T n SCS ES CONSULTANTS SIEAPN6,CGNR6G 0.NC SCMrAYOT "" .1T'" `a SITE LOCATION MAP ❑ +e ocsarrG ®: _ CGk&LILTING E MGINEERS,INC. oycr ru CIIRTIS PARK 1907 NW 24th AVE. (j] — •""'� CITY OF MIAMI p„ MIAMI_ FL 14 �,iv f '?2nd PIL a Ore i� `AREA8 LEGENQ »� Pxwpro LK C Y6V4 �FLIM.np' so¢ dPFLkS xY � o• S.uPLIu� uL�� Lxlrs NIn 2 t AVE 40 � � WASTE VISIBLE f IK NON -VEGETATED AREAS. 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' SURFICIAL SOLID WASTE VISIBLE IN NON AREAS, -VEGETATED ' .,-j sal -n I 1 7 AREAS •a... 9",-`a '../%' gg a N�� w.., F- EM SURVEY CONpUCTFp 'A ICA 17 /''7 r m =Z� DUE TO FINALp OVERAIGE I f s �,�” -` # w l• e L ,AmA s x\V•-sF - e , ry rte„- .• //A�� �� AREA i e yy 7- TL y AR' SB BV _� T�b'L 4Q y �' a f• ., • !,y{J,59 ,J _ .... ` �l'Jn �al 99 .. a m z z H t,g w LEGEND O xo seuo wAsrt wNHN n� caec xua€€a xwt � ® y z_=�" � qqe N �'�� w & u ��.�i —"— WNaaxn ulrE ® B E,� . mom � Asmo ,Lar U1 v € #S cn L 'ILE. (] NEUH UUD Uttw Soe ea+lw6 suuo wAsiE o o-¢5 R ® BCILdxc / CWw,S d Stlt &NNxc tccWna.' SIXIO wxSLE a a.5 -1.D r] AsaxAtr NANNixc scw1F A FEET B7-APNiL-2OT4 IESfOR,RT xWi1bMNG KLL'L—L. SCUD wxs,E e i L- n C9wCNFR wµNwNS SCnLE: -ID Nosh w ].o-nc n AS NOTED oenx�xc xo, Fig 8 SNEET 8 o, 6 aNwxsaw,or,NxooL�W Appendix A Jobsite Safety Inspection Checklist LA/%/5A/V L A.JVG-r,A N JOBSITE SAFETY INSPECTION CHECKLIST Client: Site: Project Number: Inspection Date: Inspector: Check one of the following: A: Acceptable NA; Not Applicable D: Deficiency A NA D Remarks 1. HASP available on site for inspection? -...-- 2. Health a ety omp Bance agreement in appropriately signed by Langan employees and subcontractors? 3. Hospital route map with directions posted on site? 4. Emergency Notification List posted on site? 5. First Aid kit available and properly stocked? 6. Personnel trained in CPR/First Aid on site? 7. MSDSs readily available, and all workers knowledgeable about the specific chemicals and compounds to which they may be exposed? 8 Appropriate PPE being worn by Langan employees and subcontractors? 9. Project site safe practices ("Standing Orders") posted? 10. Project staff have 40-hr./8-hr./Supervisor HAZWOPER training? 11. Project staff medically cleared to wary in hazardous waste sites and fit -tested to wear respirators, if needed? 12. Respiratory protectlon readily available? 13. Health & Safety Incident Report forms available? 14. Air monitoring instruments calibrated daily and results recorded on the Daily Instrument Calibration check sheet? 15. Air monitoring readings recorded on the air monitoring data sheet/field log book? 16. Subcontract workers have received 40-hr.18-hr./Spvsr. HAZWOPER train' n ,as appropriate? 17. Subcontract workers medically cleared to work on site, and fit -tested for respirator wear? 18. Subcontract workers have respirators readily available? 19. Markouts of underground utilities done prior to initiating any subsurface activities? 20. Decontamination procedures being followed as outlined in HASP? 21. Are tools in good condition and proper) used? 22. Drilling performed in areas free from underground objects including utilities? 23. Adequate size/type fire extinguisher supplied? 24. Equipment at least 20 feet from overhead powerlines? 25. Evidence that drilling operator is responsible for the safety of his rig. 26. Trench sidesshored, la ed back, or boxed? 27. n ergroun uta Mies ocate an out onUes contacte before digging? 28. Ladders in trench 25 -foot spa6n ? 29. Excavated material placed more than 2 feet away from excavation edge? 30. Public protected from exposure to open excavation? 1. Peop a entering the excavation regarding it as a permit - required confined space and following appropriate procedures? 32. Confined space entry permit is completed and posted? 33. All persons knowledgable about the conditions and characteristics of the confined space? 34. All persons engaged in confined space operations have been trained in safe entry and rescue (non -entry)? 35. Full body harnesses, lifelines, and hoisting apparatus available for rescue needs? 36. Attendant and/or supervisor certified in basic first aid and CPR? 37. Confined space atmosphere checked before entry and continuously while the work is going on? 38. Results of confined space atmosphere testing recorded? 39. Evidence of coordination with off-site rescue services to perform entry rescue, if needed? 40. Are extension cords rated for this work being used and are they properly maintained? Are GFCIs provided and being use Unsafe acts observed? Additional remarks Distribution: Project Manager (for information and follow-up) Name: Health & Safety Officer (for corrective action) Name: Health & Safety Coordinator (resource for corrective action and follow-up) Rodger Bushnell Q:1OtherlHealthandSafetoGenericAppendixAJobsIteSafetyinspectionChecklist RC8:03121101 Appendix B Route to Hospital LANGAN 1901 NW 24th Ave, Miami, FL 33125 to University of Miami: Dermatology - Google Ma... Pace I of I 0 0 Google Maps 1901 NW 24th Ave, Miami, FL 33125 to University of Miami: Dermatology 24th A - Drive 1.5 miles, 7 min 17 A Go ST LITTLE HAVANA Map data @2017 Google 1000ft, via NW North River Dr 7 min F .test route, despa2 thO LISU31 tr-Jf;- 1.5 miles via NW North River Dr and NW 16th Terrace 7 min 1.7 miles *4 wt- 1210 PM -12:26 PM 16 min https:llwww.google.comlmapsldir11901+NW+24th+Ave.+Miami.+FL+33125IUniversity+... 1/25/2017 Appendix C Standing Orders LA/VEA/V STANDARD ODERS (Must be Posted) GENERAL • No smoking, eating, drinking, or the application of cosmetics in this work zone. • Upon leaving the work zone, personnel will thoroughly wash their hands and face. • Minimize contact with contaminated materials through proper planning of work areas and decontamination areas, and by following proper procedures. Do not place equipment on the ground. • Do not sit on contaminated materials. • No open flames in the work zone. • Only properly trained and equipped personnel are permitted to work in potentially contaminated areas. _ � . _ . • Always use the appropriate level of personal protective equipment (PPE). • Maintain close contact with your buddy in the work zone. • Contaminated material will be contained in the Exclusion Zone (EZ). • Report any unusual conditions. • Work areas will be kept clear and uncluttered. Debris and other slip, trip, and fall hazards will be removed as frequently as possible. • The number of personnel and equipment in the work zone will be kept to an essential minimum. • Be alert to the symptoms of fatigue and heat/celd stress, and their effects on the normal caution and judgment of personnel. • Conflicting situations which may arise concerning safety requirements and working conditions must be addressed and resolved quickly by the site HSO. TOOLS AND HEAVY EQUIPMENT • Do not, under any circumstances, enter or ride in or on any backhoe bucket, materials hoist, or any other device not specifically designed to carrying passengers. • Loose -fitting clothing or loose long hair is prohibited around moving machinery. • Ensure that heavy equipment operators and all other personnel in the work zone are using the same hand signals to communicate. • Drilling/excavating within 20 feet in any direction of overhead power lines is prohibited. • The locations of all underground utilities must be identified and marked out prior to initiating any subsurface activities. • Check to insure that the equipment operator has lowered all blades and buckets to the ground before shutting off the vehicle. • If the equipment has an emergency stop device, have the operator show all personnel its location and how,to activate it. • Help the operator ensure adequate clearances when the equipment must negotiate in tight quarters; serve as a signalman to direct backing as necessary. • Ensure that all heavy equipment that is used in the Exclusion Zone is kept in that zone until the job is done, and that such equipment is completely decontaminated before moving it into the clean area of the work zone. • Samplers must not reach into or get near rotating equipment such as the drill rig. If personnel must work near any tools that could rotate, the equipment operator must completely shut down the rig prior to initiating such work. It may be necessary to use a remote sampling device. Appendix D Decontamination Procedure LANGAN PERSONNEL DECONTAMINATION LEVEL C DECONTAMINATION Station 2: Equipment Drop L Deposit equipment used on-site (tools, sampling devices and containers, monitoring instruments, radios, clipboards, etc) on plastic drop cloths. Segregation at the drop reduces the probability of cross contamination. During hot weather operations, cool down stations may be set up within this area. Station 2: Outer Garment, 2. Scrub outer boots, outer gloves and chemical -re - Boots, and Gloves sistant splash suit with decon solution or detergent and Wash and Rinse water. Rinse off using copious amounts of water. Station 3: Outer Boot and - _ 3, Remove outer boots and gloves. Deposit in Glove Removal container with plastic liner. Station 4: Boot, Gloves 4. Boots, chemical -resistant splash suit, inner gloves and Outer Garment removed and deposited in separate containers lined Removal with plastic. Station 5: Field Wash 5. Hands and face are thoroughly washed. Shower as soon as possible. Nagel of 2 EQUIPMENT DECONTAMINATION GENERAL: Equipment to be decontaminated during the project may include tools, monitoring equipment, respirators, sampling containers, laboratory equipment and drilling equipment. All decontamination will be done by personnel in protective gear, appropriate for the level of decontamination, as determined by the site HSO. The decontamination work tasks will be split or rotated among support and work crews. Depending on site conditions, backhoe and pumps may be decontaminated over a portable decontamination pad to contain wash water; or, wash water may be allowed to run off into a storm sewer system. Equipment needed may include a steam generator with high-pressure water, empty drums, screens, screen support structures, and shovels. Drums will be used to hold contaminated wash water pumped from the lined pit. These drums will be labeled as such. Miscellaneous tools and equipment will be dropped into a plastic pail, tub, or other container. They will be brushed off and rinsed with a detergent solution, and finally rinsed with clean water. MONITORING EQUIPMENT: Monitoring equipment will be protected as much as possible from contamination by draping, masking, or otherwise covering as much of the instruments as possible with plastic without hindering the operation of the unit. The HNu or OVA meter, for example, can be placed in a clear plastic bag, which allows reading of the scale and operation of knobs. The probes can be partially wrapped keeping the sensor tip and discharge port clear. The contaminated equipment will be taken from the drop area and the protective coverings removed and disposed in the appropriate containers. Any dirt or obvious contamination will be brushed or wiped with a disposable paper wipe. RESPIRATORS: Respirators will be cleaned and disinfected after every use. Taken from the drop area, the masks (with the cartridges removed and disposed of with other used disposable gear) will be immersed in a cleaning solution and scrubbed gently with a soft brush, followed by a rinse in plain warm water, and then allowed to air dry. In the morning, new cartridges will be installed. Personnel will inspect their own masks for serviceability prior to donning them. And, once the mask is on, the wearer will check the respirator for leakage using the negative and positive pressure fit check techniques. Page 2 of 2 Appendix E Incidient/ Injury Report LANGAN 4 LANGAN (Complete and return to Health & Safety Department in the Doylestown Office) Affected Employee Name: Incident type: ❑ Injury ❑ Near Miss ❑ EMPLOYEE INFORMATION (Person completing Form) Employee Name: Title: Length of time employed or date of hire: Mailing address: Sex: M ❑ F ❑ Birth date: Date: Report Only/No Injury Other: Employee No: Office Location: Business phone & extension: Residence/cell phone INCIDENT INFORMATION Project: Project #: Date/time of incident: Time work started & ended: Site location: Incident Type: Possible Exposure ❑ Exposure D Physical Injury ❑ Names of person(s) who witnessed the incident: Exact location incident occurred: Describe work being done: Describe in detail how the incident Nature of the incident (List the parts of the body affected): Person(s) to whom incident was reported (Time and Date): Page 1 of 2 Form: HS1411-01 .111 - I 1A Nature of the incident (List the parts of the body affected): Person(s) to whom incident was reported (Time and Date): List the names of other persons affected during this incident: Possible causes of the incident (equipment, unsafe work practices, lack of PPE, etc): Weather conditions during incident: MEDICAL CARE INFORMATION Did affected employee receive medical care? Yes ❑ No ❑ If Yes,Provide name & address of facility (hospital, clinic, etc): Length of stay at the facility? Did the employee miss any work time? Yes ❑ No ❑ Undetermined ❑ Date employee last worked: Date employee returned to work: Has the employee returned to work? Yes ❑ No ❑ Does the employee have any work limitations or restrictions from the injury? : Yes ❑ No ❑ If Yes, please describe: HEALTH & SAFETY INFORMATION Was the operation being conducted under an established site specific Health and Safety Plan? Yes ❑ No ❑ Not Applicable: ❑ Describe protective equipment and clothing used by the employee: Did any limitations in safety equipment or protective clothing contribute to or affect exposure l injury? If so, explain: By signing below, I certify the information provided on this report is true accurate and complete to the best of my knowledge. Employee Signature Date Page 2 of 2 Form: HS1411-01 ADDENDUM NO. 5 January 12, 2017 INVITATION TO BID NO.: 15-16-040 CURTIS PARK NEW SWIMMING POOL FACILITY OFFICE OF CAPITAL IMPROVEMENTS (11OCI") PROJECT NO.: B-35806 TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Invitation to Bid ("ITB') and shall become an integral part of the Bid submitted and the Contract to be executed for Curtis Park New Swimming Pool Facility — ITB No.: 15-16-040 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. All attachments, if applicable, are available on the Capital Improvements and Transportation website - and are part of this Addendum. A. The deadline for receipt of Bids has been extended to: January 25, 2017 @ 2:00 PM (local time) B. Requests for Information — Since Issuance of ITS; No.: 15-16-040 on September 7, 2016: Following are the Request for Information received from prospective Bidders, and the City responses. Q1. We need further dioxin analyses results for determining which landfill can receive the contaminated soils. The Site Assessment Report Addendum by SCS Engineers, page 3. response No. 4, mentions that Department of Environmental Resources Management (DERNI) recommends analyzing soil boring SS -83 for dioxin analysis and then says. "dioxin analyses for the samples are pending the results will be submitted under separate cover." Please provide a copy of the dioxin testing results. Al. The dioxin analysis for SB -83 was reported above the Residential Soil Cleanup Target Level (SCTL) at the 0-0.5" interval. This is the only dioxin result analyzed for the pool area. The Laboratory Analytical Report for SB -83 is attached hereto as Exhibit 1. Curtis Park New Swimming Pool Facility Addendum No.: 5 Bid No.: 15-16-040 B-35806 Q2. Site Civil and Environmental Pians Sheet C-7.0, Mote 1, regarding the new water services calls for a new water meter to be installed by WASD "at Owners expense". Are we to exclude the WASD fees for the new water service? What about the WASD fees for the new sewer lateral? Please clarify which utility companies fees are to be included or excluded from our bid. A2. Any and all utility fees that the Contractor is required to pay shall be reimbursed from the $40,000 Permit Allowance included on the BID FORM (Page 2 of 11). Accordingly, Bidders shall exclude all utility fees from their Bid. 03. Pooi Construction Plans Sheet A3.2 contains a note near the pool equipment area calling for a wall waterproofing membrane below +10.0 elevation at the pool equipment room walls. Please provide specifications for the required waterproofing membrane. A3. Please refer to Pool Technical Specification Section 07120 — Fluid Applied Waterproofing attached hereto as Exhibit 2. The Contractor shall remove the requirement for the exterior side of the wall waterproofing membrane and "flood log" door water dams at the Pool Mechanical Room 109. Apply waterproofing and protection board to all exterior walls on earth side of all room walls and pool deck walls that are retaining earth fill. Q4. Pool Construction Plans Sheet A6 1 includes the Finish Schedule, and the ceramic file calls for a 4"x4" ceramic tile with a 1"x1" mosaic contrast band". Interior bath elevations do not show the mosaic band, band size or locations. Please clarify and provide revised elevations showing mosaic band as required, A4. Pool Construction Plans Sheet A6.1 is hereby amended to delete the requirement for installation of a 1"x1" mosaic contrast band. There shall be no mosaic contrast band installed on the walls. 05. Pool Construction Plans Sheet A6.1 includes the Finish Schedule, and the ceramic tile calls for a 4"x4'' ceramic the with a 1 "x1" mosaic contrast band" but specifications and plans fail to select a tile model, and color for all tiles required. Since model, size and color affect pricing; please provide selection so we can price his item properly. A5. Pool Technical Specification Section 09310 - Ceramic Tile, 2.02 Materials, C. Color and Pattern, Paragraph 4 is hereby amended to read as follows: "Where colors or patterns are not shown, the equivalent in cost to Dal -Tile price Group 91 shall be bid upon, assuming not more than ten (10) colors." The price group has been changed from #4 to #1. The ceramic the remains 4"x4". Q6. Pool Construction Plans Sheet A6.1 includes the Finish Schedule, and the SC finish calls for 314" interior stucco walls on various rooms, such as electric room, pool storage, general storage and pool mechanical room Please confirm the use of M" stucco inside said rooms that will contain numerous equipment, panels, and piping at walls. A6. The Finish Schedule is hereby amended as follows: (1) the finish in Pool Mechanical Room 109 to exposed block; (2) the finish on all four walls of Rooms 105, 106, and 107 to 1/1" cementitious board with a painted veneer plaster finish. Stud walls are to receive acoustical insulation, where noted, per Partition type P-4 on Pool Construction Plans Sheet A6.2. Q7. Pool Construction Pians Sheet S4.2 calls for a waterproofing membrane on interior side of retaining walls. Please provide specification for the waterproofing membrane required. Curtis Park New Swimming Pool facility Addendum No.: 5 Bid No.: 15-16.040 B-35806 A7. Please refer to Pool Technical Specification Section 07120 — Fluid Applied Waterproofing attached hereto as Exhibit 2 and the response provided in A3 above. Q8. Pool Construction Plans Sheet E4.0 contains a large legend that says "No Longer in Scope of Work". Please confirm that Plan Sheet E4.0 has been deleted from our Scope of Work and ail information shown in Plan Sheet E4.0 should be disregarded. A8. Yes. All information noted on Pool Construction Plans Sheet E4.0 shall be disregarded as it is no longer within the Scope. Q9. Pool Construction Plans Sheet P3.0 fails to show an added required wall hydrant (see pool plan SP -1.02) along perimeter fence on east side, about at mid pool location. Please provide a detail on how to install a wall hydrant where there is no wall, On the fence? Please advise. A9. Pool Construction Plans Sheet P3.0 calls for the installation of a Ground Water Hydrant approximately 30 feet southwest along the perimeter fence. The Ground Water Hydrant shall be similar to the Zurn 21370 NB. Exact location shall be coordinated in the field with pool consultant to meet operational requirements. Q10. Pool Construction Plans Sheet Plan P-5.0 includes typical hose bib detail that conflicts with plumbing fixture schedule located at P-1.0 that calls for the hose bibs to be Zurn wall hydrants. Please clarify which instruction prevails. Al 0. The hose bib detail is for the interior hose bib identified as HB. No detail has been provided for wall hydrants or ground water hydrants. Follow manufacturer's installation detaiislinstructions. Wall hydrant installation is to be installed pursuant to the manufacturer's (Zurn) standard installation detail, Z-1300. The encased Ground Water Hydrant is to be installed pursuant to the manufacturer's (Zurn) installation detail, Z-1360. See manufacturer's installation detail sheets attached hereto as Exhibit 3. Q11, Pool Construction Plan Sheets LA -1, LFA -2 and LA -3 fail to mention any need fora lawn irrigation system. a. Is there an existing lawn irrigation system to remain? If so please provide as -built so we can assess the modifications/repairs needed. If a new system is needed it would require a separate water meter or a well and pump. Please provide irrigation plans if new system is to be Included. All 1. a. There is no existing irrigation system on site. b. There is no existing irrigation system in the Project Scope. However, the majority of the existing lawn will be removed during the soils mitigation process and shall be replaced "as required" to fully cover the site with St. Augustine "Floratam" sod as noted on the Civil Drawings and on the Plant List located on Pool Construction Plans Sheet LA -2, The sod shall be maintained after installation by the Contractor per Landscape Specifications on Pool Construction Plans Sheet LA -3. Q12. Pool Technical Specification Section 10400. Provision 2.01-A mentions a building name sign with cast aluminum letters, but no such sign is shown or required in the plans. Please confirm there is no building name or building address sign required. Al2. The Contractor shall provide and install lettering on an exterior wall that indicates the name of the facility. The name shall consist of thirty (30) 12 -inch tall aluminum letters and two Curtis Park New Swimming Pool Facility Addendum No.: 5 Bid No.; 15-16.040 B-35806 (2) 8 -inch tall aluminum letters. All letters shall be 1 -inch offset mounted from the wall. Font style of individual letters shall be "Rolfe." Final signage location and text to be as selected by the Architect of Record Q13. Pool Technical Specification Section 10450, Provision 2 07-C calls for providing a Gatewatch, Alvarado's Windows based counting software which requ+res a gate comptroller. Please confirm and clarify Scope of Work of what needs to be provided to Owner. A13. Contractor shall provide and install a complete electronic access system for both Full - Height Turnstile and ADA Access Gate with electronic control, including a GWCB12 TCP/IP enabled count controller for transmission to GateWatchl0 software. Q14. Pool Construction Plans Sheet A3.1 shows double steel gates marked #115 and #116 in corridor 108, but no mention of any panic device requirement is shown in plans. Are these two (2) gates required to have panic devices? Please advise. A14. No. Panic devices are not called for on these gates. Bidders shall include the provision and installation of a locking hasp in their Bid. Q15, Pool Construction Plans Sheet Plan A3.2a shows the lockers to be provided but no specifications were included for such lockers. Are the lockers to be 1 -tier, 2 -tier, or 3 -tier? Are they plastic, polymer, or metal? Please provide specifications. A15. Please refer to Pool Technical Specification Section 10505 -- Plastic Lockers (Delta 10) attached hereto as Exhibit 4. Note the concrete plinth for the lockers and the adjacent stud stem wall shall be extended from 12 -inches deep to 18 -inches deep to accommodate the 18 -inch locker depth. Q16. Does the Health and Safety Plan have to cover all Primes and Subs that are to be used? All 6. Yes. The Health and Safety Plan shall cover all Contractor and Subcontractor employees that the Contractor uses to complete the Project. Q17, Can a Contractor with a GC license and experienced in building construction and working in contaminated sites be allowed to bid this Project granted that it includes a specialty subcontractor as part of its team with five (5) years of experience in cons tructionlrenovation of community pools? Al 7. No. Please refer to Bidder Minimum Requirements stated in the Notice to Contractors. All Bidders shall satisfy each of the stated Minimum Requirements for the City to consider their Bid. The City will not grant any exceptions to the Minimum Requirements. C. Additional Clarifications of Certain Construction Documents: 1. Room Finish Schedule: Plan Sheet A-6.1. Floor finishes specified on Sheet A-6.1 supersede Specification Section 09730, 3.03-A-1. Provide and install ceramic the base (bullnose) throughout. D. Additional Information: The following exhibits. 1-4 are hereby provided: 1, Exhibit 1 —Laboratory Analytical Report; 4 Curtis Park New Swimming Pool Facility Addendum No.: 5 Bid No.: 15.16-040 B-35806 Exhibit 2 -- Pool Technical Specification Section 07120 — Fluid Applied Waterproofing; 3. Exhibit 3 - Zurn Z-1300 and Z-1360 Installation Detail Sheets; 4. Exhibit 4 — Pool Technical Specification Section 10505 — Plastic Lockers (Delta 10) THIS ADDENDUM IS AM ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. I,il i C.�° '`' Annip Perez, CPPB, Director of Procurement ,x G, r Curtis Park New Swimming Pool Facility Addendum No.: 5 Bid No.: 15-16-040 B-35806 ADDENDUM NO. 4 January 9, 2017 INVITATION TO BID NO.: 15-15-040 CURTIS PARK NEW SWIMMING POOL FACILITY OFFICE OF CAPITAL IMPROVEMENTS (LOCI") PROJECT NO.: B-35806 TO: ALL PROSPECTIVE BIDDERS; The following changes, additions. clarifications. and/or deletions amend the above -captioned Invitation to Bid ("ITS") and shall become an integral part of the Bid submitted and the Contract to be executed for Curtis Park New Swimming Pool Facility — ITB No.: 15-16-040 (the "Project"). Please note the contents herein and affix same to the documents you have on hand. All attachments, if applicable, are available on the Capital Improvements and Transportation website - and are part of this Addendum_ A. The deadline for receipt of Bids has been extended to: January 18, 2017 C- 2:00 PM (local time) B. ITB Section 3, Supplemental Terms and Conditions, Provision No. 1 Contract Time & Hours, the first sentence of the second paragraph is hereby amended to state "Contractor shall have three hundred sixty (360) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued." C. Requests for Information — Since Issuance of ITB No.: 15-16-040 on September 7,_2016: Foliowirg are the Request for Information received from prospective Bidders, and the City responses. Q1. Please provide copy of the sign -in sheet for the Pre -Bid meeting held on November 9, 2016. Al, The sign -in sheet from the Pre-bid meeting is available on the Project's webpage through the QCI website: http:fi,wA-ov.miamigov.comiCITP]Pages/ProcurementOpportunities!ITB Curtis Park Pool. html Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15-16-040 B-35806 Q2. Please provide the budget amount the City of Miami (the "City") has set aside for this Project. A2. The City has budgeted a not to exceed amount of $2,500,000 for this Project, including design and construction costs. Q3. The ITB and other documents do not mention any requirements for Davis -Bacon, Responsible Wages or Prevailing Wages. Please confirm no special wages apply to this Project. A3. The City hereby confirms that neither Davis -Bacon Wages, Responsible Wages, nor Prevailing Wages are required for this Project. There are no special wage requirements for this Project. Q4. ITB page 6, containing the "Notice to Contractors", Minimum Requirements, Section C, calls for all field workers assigned to the Project to have completed 40 -Hour HAZWOPER training, or refresher training. Please ccnfirm that this requirement pertains to the soil remediation operations only, and will not be required of the workers assigned to the new building structural shell or finishes of the work. Please clarify which operations will require field workers with this training. A4. 40 Hour HAZW©PER training is required for any and all Contractor's employees that are present at the site during contaminated soil disturbing activities throughout the Project, and up until the final CAP is installed. Q5. In the areas where the potentially contaminated soil is below the commercialr'Industrial limits for the listed constituents., does excavation in these areas need to be performed by 40 -Hour HAZWOPER persons? A5. Please refer to the response provided to Q4, above. 06. ITB page 6, containing the 'Notice to Contractors`. Note A. calls for copies of the 40 -Hour HAZV`/OPER training or refresher training certificates to be submitted with the bid. We have been informed by a soil remediation firm that they will not know this far in advance as to which one of his personnel will be assign to this Project. Will the City of Miami consider requesting copies of these certificates to be submitted after Project award. once a timetable has been established, and not at time of bid? A6. No. The Minimum Requirements specified in the Notice To Contractors (page 6 of the Contract Document) for this ITB identify deliverables that are critical to the City and the Project, and, therefore to the Bidder's Bid submittal. Bidders who do not meet the Minimum Requirements, or who fail to provide the requested supporting documentation, may be deemed non-responsive. Q7. ITB General Terms and Conditions, Section 65, include NPDES requirements. Please clarify if the GC will be required to pull a new NPDES permit or has the City already pulled one for this site. A7. The General Contractor shall be required to obtain all required NPDES permits. The City will assist the Contractor in obtaining the City's NPDES permit(s). Q8. ITB Section 3, Supplemental Terms and Conditions, Item No. 1, calls for a contract time of three hundred (300) calendar days to achieve substantial completion. After performing a CPNI review of this Project, we do not believe that this is a reasonable time duration for a Project that requires asbestos mitigation, demolition, and extensive soil remediation procedures with extra precautions required to avoid spreading any contaminated materials. Will the City consider extending the contract time to four hundred twenty (420) days to achieve substantial completion? Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15-16-040 B-35806 A8. Yes, refer to Section B, above. 09. ITB Section 4, Bid Form, includes a Permitting Allowance to cover all permit fees and impact fees. Do Florida Power and Light ("FPL") and Miami -Dade County Water and Sewer Department ("WASD") fees also fall under this allowance? Or do we need to include FPL and WASD costs as part o` our Project costs? A9. Utility permit fees that the Contractor is required to pay shall be reimbursed from the $44,000 Permit Allowance included on the Bid Form, and, therefore shall not be included in Bidders Bid price. Q10. Specifications Section 01011, Part 5, mentions that all procedures for soil remediatior shall be as per soil remediation report prepared by SCS Engineers and dated August 2016. The Site Assessment Report and Addendum dated 2014 by SGS Engineers were included in the documents provided, but not the Soil Remediation report dated August 2016. Please clarify and provide the mentioned report outlining the "mandatory procedures' to be followed for the soil remediation. Al 0. Bidder shall refer to Sheets C-1.0 and C-1.1, Notes and Specifications, provided in the Site Civil and Environmental Construction Plans, dated August 2016 ("Site Civil and Environmental Plans") for soil remediation procedures. Q11. The Site Assessment Report and Addendum by SCS Engineers, dated 2014, delineated the horizontal delineation of the contaminated soils from ground surface to a depth 2' below ground surface. Please provide horizontal and vertical delineation of the contaminated soils for depths greater than 2beVv ground surface level. A11. In lieu of conducting horizontal and vertical delineation of soils for depths greater than Two feet below, SCS conducted soil borings below Two -feet below ground surface to record the depth of visual solid waste, however, the soil analytical was limited to the top Two -feet below ground surface. Areas where solid waste was identified shall be excavated and disposed of at a permitted Class I landfill. Q12. The Ste Assessment Report and Addendum by SCS Engineers, dated 2014, delineated the horizontal delineation of the contaminated soils from ground surface to a depth of 2' below ground surface. Are we to assume that the soil that is greater than 2' below ground surface is considered clean? Al2. SCS conducted soil borings below Two -feet below ground surface to record the depth of visual solid waste, however, the soil analytical was limited to the top Two -feet below ground surface. All soil onsite shall be considered contaminated and handled in accordance with regulatory requirements and the Contract documents. Q13. Specifications Section 02780 regarding the concrete pavers for the pool deck do not call out the manufacturer, model and color selected. All these selections affect the pricing of the pavers. Please further specify unit pavers required. A13. Paragraph 2.01, A and B of the Pool Technical Specifications, identify acceptable manufacturers as being members of the Interlocking Concrete Paver Institute. The shape and size of the pavers are identified. The pavers shall be a white cement paver with color selected from manufacturer's standard color line. Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15.16-040 B-35806 Q14. Specifications Section 08331 regarding the overhead coiling doors calls for a 20 ga. galvanized steel Flat slat curtain but door schedule table at pian A-6.1 only requires 24 ga. steel doors. Please advise which instruction prevails. Al 4. Overhead coiling doors shall be 20 ga. galvanized steel flat slat curtain. Q15, Site Civil and Environmental Plans Sheet C-1.0. Notes and Specifications, Note No. Z, calls for all material and soil testing to be provided by an "independent' testing laboratory. Also ITB Section 25 calls for all testing to be performed by the City's testing laboratory. Please confirm that all material, concrete testing and soil testing costs are to be provided and paid for by the City and not to be included in our Bid. Al 5. No. The cost of sampling and testing, including any necessary retesting, cancelled tests, andlor the Contractor not being ready for the required test, shall be included in Bidder's Bid price. 016, Contract documents provided include a General Air Monitoring Plan (GAMP) to be provided during the soil remediation excavation phase of the Project. Please confirm that the GAPAr is to be provided and paid for by the City and not to be included in our bid. Al 6, The GAMP has been provided as Attachment A to the Air Monitoring Plan and Phase 11 Corrective Action Plan, The City will utilize a consultant to conduct perimeter air monitoring, in accordance with the Air Monitoring Plan Curtis Park Phase 11 Corrective Action Plan, approved by DERM. Bidder shall not include the cost of this perimeter air monitoring by the City's consultant as part of their bid. However, the Contractor shall be responsible for providing and paying for any additional air monitoring required, including personnel air monitoring, as may be necessary. Q17. Site Civil and Environmental Plans Sheet C-1.0, Notes and Specifications. Note A.3, calls for excavation of 12" cortaminated soil from the right-of-way area along NVII North River Drive. to be hauled offsite, but such area is not indicated or shown in Site Civil and Environmental Plan Sheet C-3.0 or Plan Sheet C-5.0. 'Does the area that needs remediation stop at the property line? Or does it continue into the adjacent green area all the way to the parking lot asphalt? Please provide plans clearly delineating all soil remediation areas. Al 7. Please refer to the Site Civil and Environmental Plans Sheet C-5.0, Engineering Control Plan. The green areas requiring Geotextile, 12" Clean Fill Min. and Sod are clearly delineated on the Plan, and specified in the Engineering Control Legend. All soil within the Project limits should be considered contaminated and provided with an Engineering Control Pian pursuant to the Contract Documents. 018. Sire Civil and Environmental Plan Sheet C-1.0, Note A.12, calls for installing new sod over a Geotextile and 12' minimum of clean fill on remaining green areas. This is also shown in all sections of Plan Sheet C-6.3. Please advise as to the following: Are we to remove the existing sod first and treat it as contaminated material? A18a. Yes. Existing sod shall be removed and handled as contaminated material. Are we to remove the existing topsoil also and treat it as contaminated material? A18b. Yes. All materials excavated and or relocated within the Project limits shall be treated as contaminated. c. Are we to excavate 12'bf the existing soil on the remaining green areas and treat it as 4 Curtis Park New Swimming Pool Facility Addendum No., 4 Bid No.: 15-16.040 B-35806 contaminated material? A18c. Yes. All materials excavated and or relocated within the Project limits shall be treated as contaminated. Contractor shall provide a clean CAP as shown in Contract Documents. If we do not need to excavate 12" of the existing soil on the remaining green areas, may the existing soil be used to grade and balance the site? A18d. Yes. Contaminated soil may be used for regrading in the greenspace areas in accordance with Site Civil and Environmental Plan Sheet C-5.1, Engineering Control Plan Details. Relocated/regraded contaminated soils shall be placed under an 8 oz Orange High -Visibility Non -Woven Gectextile, and a minimum 12" of clean fill prior to final surface treatment. If vie may use the existing soil on-site to re -grade and balance the site, are we to treat any remaining excess fill as contaminated material? A18e. Please refer to Site Civil and Environmental Plans, Sheet C-1.0, Notes and Specifications, Section IV. Special Environmental Requirements, Part D, "Any excess contaminated soil excavated shall not be reused and requires proper handling and disposal at a permitted Class I landfill in accordance with the local, state and federal regulations". Neither plans nor specifications define what type of "Clean Fill" is required at the grPen areas 12" of clean sand? Please provide type of fill required. A18f. Clean fill shall consist of LBR40 sourced from a native rock mining quarry. 10/ill topsoii also be required under the new sod? If so, please specify thickness of layer required and if it should counted toward the 12" of clean fill. Al 8g, Contractor shall be responsible for the stabilization and health of new sod. Contractor shall refer to Site Civil and Environmental Plans, Sheet C-5.1, Engineering Control Plan Details. The 12" of clean fill is independent of the sod and/or final surface layer. Contractor shall refer to Pool Construction Plans Sheets LA -1 through LA -3 for sod and foliage planting installation and maintenance requirements. All clean fill material including top soil shall be sourced from a native rock mining quarry. 0119. Site Civil and Environmental Plan Sheet C-1.0. Note V.3, calls for excavating 12" of potentially contaminated soil from -'specified areas" of the park and relocating it to a holding area. We cannot find in plans the specified areas that required this 12" excavation. Is the intent of the plans to excavate the entire proposed green areas of the park? Please clarify and provide plans with clearly defined areas to be excavated and remediated. A19. The entire Project limits are to be provided with a CAP, pursuant to Site Civil and Environmental Plans Sheet C-5.0, Engineering Control Plan. The green areas throughout the Project limits requiring a Geotextile, 12" Clean Fill minimum and sod/final surface treatment are delineated on Plan Sheet C-5,0 Engineering Control Plan, and specified in the Engineering Control Legend. Q20. Site Civil and Environmental Plan Sheet C-3.0, Demolition Plan, calls for the existing raised pool deck and building structures to be demolished and removed. Are there any as -built plans or Curtis (Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15-16-046 8.35866 original building plans that show the make-up of the existing structures? l=ooting sizes and depths? If so, please provide for us to properly evaluate the demolition work. A20. The As -Built Plans of the existing pool facility are attached hereto as Exhibit 1. Q21, Site Civil and Environmental Plan Sheet C-3.0, Demolition Plan, calls for the existing raised pool deck and building structures to be demolished and removed. Does potentially contaminated material extend under the existing pool deck, building and associated structures? If so, is that material required to be excavated and disposed of off-site? A21. Soil material extending below the existing pool facility, shall be considered contaminated, and shall be disposed of at a permitted Class I landfill, in accordance with local, state and federal regulations. 022. Site Civil and Environmental Plan Sheet C-3.0, Demolition Plan, shows two (2) existing drainage structures and an existing 36" corrugated metal pipe on the east side along the Project work area boundary to be removed. Pool Construction Plan Sheet A-2.2, shows another existing 12' CMP to remain at the same location. Due to its proximity to the Project work area boundary, please confirm what was done at this location by the Contractor currently working on the Boat Ramp Improvement Project and what needs to be included in our scope of work. A22. The Boundary and Topographic Survey shams two (2) existing drainage structures, and an existing 36" corrugated metal pipe. Contractor shall refer to Site Civil and Environmental Plan Sheet C-3.0, Demolition Plan, which shows the removal of the two (2) existing drainage structures, and an existing 36" corrugated metal pipe. 023. Site Civil and Environmental Plan Sheet C-3.0, Demolition Plan, Note 9, calls for existing potertially cortaminated soil mounds to be excavated to a minimum depth of 5 -FT NGVD. Is the intent of the dra.+pings to excavate and remove the existing mounds to the +5.0' NGVD elevation and leave existing soil below such elevation in place, to serve as the starting level for the new building pad? Please advise. A23. The minimum depth of +5.0'NGVD is not intended to serve as a starting level for the new building pad. The mounded material form existing grade to a minimum elevation of +5.0' NGVD, adjacent to the existing pool facility, is to be excavated, hauled offsite and disposed of at a permitted Class I landfill. The building pad and foundation shall be prepared in accordance with the architectural plans, structural plans and geotechnical report recommendations. All existing soil material onsite shall be considered contaminated. Q24. Please advise if the existing fill under the existing building needs to be excavated to a minimum depth of +5.0NGVD elevation. If so, please confirm that the proposed new footprint of the building does not require to be excavated below the +5.0 NGVD elevations. A24. Please refer to response provided in A23, above, 025. Site Civil and Environmental Plan Sheet C-3.0, Note 8, refers to a "Paint Containing Lead Screening" report prepared by Mactec and dated January 26. 2010 that was not made available as part of the ITB documents. Is there lead paint mitigation involved? Please provide the above mentioned report as it may affect the demolition pricing. A25. The Report of Asbestos Survey & Paint Containing Lead Screening is attached hereto as Exhibit 2. Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15-16-040 B-35806 Q26. Site Civil and Environmental Plan Sheet C-5.0, Engineering Control Plan shows a note for an existing solid waste area (+J- 1,036 sq ft) at the east Project boundary work area and states "to be completed by Contractor for boat ramp improvement Project Please confirm we are not to include the excavation of the solid waste at this area in our bid. A26. Excavation of the existing solid waste (±1,036 SF) in referenced area shall be included in Bidder's Bid. Q2i. Site Civil and Environmental Plan Sheet C-5.0, Engineering Control Plan shows a proposed "planting boundary" with a minimum depth of 5 of clean fill being required. Is the material that is to be excavated from these limits to be considered contaminated material? A27. Materials excavated and or relocated within the Project limits shall be treated as contaminated. Q28. Site Civil and Environmental Plan S�-eet C-5.0, Engineering Control Plan shows a proposed "planting boundary" with a minimum depth of 5' of clean fill being required. Is the material that is to be excavated from these limits to be disposed off-site or can it be reused on-site? A28. Contaminated soils may be used for regrading in the greenspace areas in accordance with Site Civil and Environmental Plan Sheet C-5.1, Engineering Control Plan Details. Excess material shall be considered contaminated and disposed of at a permitted Class I Landfill. Q29. Site Civil and E-i-Aronmental Plan Sheet C-6.0, 'Paving, Grading and Dra'nage Plan shows a new T concrete sid&,va°k that would also require a rock sub -base and there`re requires excavation of exis'ing soil. Is the exis_;ng sail to be excavated from under the proposed sidewalk area to be considered contaminated? A29. All soil excavated and or relocated within the Project limits shall be treated as contaminated. Q30. Site Civil and Environmental Plan Sheet C-6.0, Paving. Grading and Drainage Plan shows new asphalt areas that would also require a rock base, sub -base and therefore requires excavation of existing soil. is the existing soil to be excavated from under the proposed asphalt area to be considered contaminated? A30. Please refer to the response provided in A29, above. Q31. Site Civil and Environmental Plan Sheet C-6-3, Paving. Grading and Drainage Sections, contains various sections calling for the installation of a new Geotextile fabric and 12" of clean fill to be installed on all remaining green areas of the work area boundaries. Does the operation to install such new fabric and new clean fill require the use of field personnel with the 40 -Hour HAZWOPER training considering that this operation does not involve handling contaminated soilrmaterials? A31. Yes. Pursuant to Site Civil and Environmental Plan Sheet C-6.3, Paving, Grading and Drainage Sections, the 8 oz Orange High Visibility Non -Woven Geotextile shall be installed over contaminated soils and, therefore, 40 Hour HAZWOPER training is required for all Contractor employees physically involved in the construction of the Project until the clean fill CAP is installed. Q32. Site Civil and Environmental Plan Sheet C-7.0, Water and Sewer and Utility Plan, shows a new water meter to be installed by WASD at the northwest area of the proposed work area, along NW 24 Avenue. Please provide size of water meter required. Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15-16-040 B-35806 A32. Seethe Revised Site Civil and Environmental Plan Sheet C-7.0, Water and Sewer and Utility Plan indicating a 2" new water meter and service connection to be installed by WASD at City's expense. Revised Site Civil and Environmental Plan Sheet C-7.0 is attached hereto as Exhibit 3. Q33. Site Civil and Environmental Plan Sheet C-7.0, ''dater and Sewer and Utility Plan, Note 4, regarding the new water service, calls for a 1 ' proposed domestic water line to new building but plumbing plan P-2.0 calls for a new 2" cold water service line. Please clarify which plan prevails A33. Please refer to the response provided in A32, above. Q34. Pool Construction Plans Sheet A-3.1, Floor Plan, shows some benches at the pool deck on the south side and at showers. but no information could be found on plans about these benches. Are they to be provided by Owner? If not, please provide specifications, manufacturer, model, size and finish required of exterior benches. A34. Benches are Not -in -Contract and, as such, Bidders shall not include these benches in their Bid Price. 035. Pool Construction Plans Sheet A3.2, Partial Floor Plan, contains steel shelving units in three (3) rooms, general storage, pool storage and janitor's closet, and specification section 10675 calls for three (3) different types A. B and C, however, no interior elevation plan shows the type required at each room. Please clarify type and amount of shelving required at each room. A35. Room 101 -Custodial: (3) Units of Type "A" shelving. Room 106-Pooi Storage: (3) Units of Type "B" shelving. Room 107 -General Storage: (3) Units of Type "B" shelving. Q36. Pool Construction Plans Sheet A3.2a, Locker Room Interior Elevations, shows the large architectural wall louvers L-1 and L-2, but no model, finish and manufacturer is mentioned. Please provide specification and finish required for these louvers. A36. Louver L-1 is shown on Pool Construction Plans Sheet M1.0, Mechanical Notes and Schedules. Louver type L-2 shall be a 4'-0" W x 6'-8" N louver, RuskinlELF model NZ850, All louver types (L-1 and L-2) shall have Fluoropon 70% PDF paint finish. Color to be selected by the Architect of Record from manufacturer's standard colors. All louvers shall have a bird and insect screen. 037. Pool Construction Plans Sheet A3.2a, Locker Room Interior Elevations, shows the bath vanity countertops, but fails to mention the type of countertop required. Please provide specifications for the countertops at bathrooms. A37. Vanity Countertops shall be plywood with a plastic laminate finish, pursuant to Pool Technical Specifications, Division 6, Wood and Plastics, Specification 06400 - Architectural Woodwork. Q38. Pool Construction Plan Sheet A3.3, Control Booth Plan and Sections, includes section 2iA3.3 showing interior finishes of the control booth room and calls for "cementitious backer boards on metal furrings". Also Pool Construction Plan Sheet A6.1, Door and Finish Schedule, calls for painted cementitious backer boards (CBB finish type). The cementitious backer boards are not meant to be "painted" only.. since the surface requires adding joint treatment with mesh tape and joint compound. Is there a surface treatment to be added such as a skim coat of stucco plaster? Or veneer plaster? Please clarify finish surface required. Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15-16-040 B-35806 A38. Finish for turnstiles and ADA gates shall be a powder -coated finish over galvanized steel, color: black (color to match pool enclosure fencing). Q39. Pool Construction Plan Sheet A3.3, Control Booth Plan and Sections, includes section 21A3.3 and 31A-3.3 showing both control booth sections. Section 2 shows no drop ceiling at control booth, but section 3 shows a drop ceiling framing required. Please clarify if there is a drop ceiling required. A39. The ceiling shall be Half inch Cementitious Board with a painted piaster veneer finish. The ceiling shall be furred down from the concrete roof slab pursuant to Section 21A3.3. Q40. Pool Construction Flan Sheet A3.3 s Control Booth Plan and Sections, shows the entrance to the facility controlled by a turnstile door and two (2) ADA gates by Hayward, but there is no mention in plans about the finish required for these items. Hayward could provide galvanized steel finish, s'.ainless steel or powder coat finish. Keeping in mind that the perimeter fencing is black, please specify Finish required at gates and turnstile entrances. A40. Please refer to the response provided in A38, above. Q41. Pool Construction Plans Sheet A3.3 Control Booth Plan and Sections. shows the control booth wth impact resistant windows but fails to define finish for aluminum and glass tint if any. Also there is no design wind pressures provided for these windows to resist. Please Prov -de finish for aluminum, glass tint and wind pressures required. A41. Aluminum Impact -resistant window finish shall be black anodized, pursuant to Pool Technical Specifications, Division 8, Doors and Windows, Specification 08520 -Aluminum Windows, Para. 2.01,,f,1, Glass tint shall be impact -resistant glazing pursuant to Pool Technical Specifications, Division 8, Doors and Windows, Specification 08800, Glass and Glazing. Color: Solar Gray. Required wind pressures are shown on Pool Construction Plan Sheet S3.1, Schedule and Typical Details. Q42. Pool Construction Plans Sheet A3.3, Control Booth Plan and Sections, calls for all exterior steps, ramps. corridors and circulation areas to have a floor finish of broom finished concrete. Please confirm there is no concrete sealer requirement on these exterior floors. A42. Confirmed. Concrete sealer is not required on exterior concrete floors, ramps and concrete steps. Please refer to Site Civil and Environmental Plans, Pool Construction Plans and Pool Technical Specifications for concrete sidewalk requirements. Q43. Pool Construction Plans Sheet A3.4, Reflected Ceiling Plan, shows the unisex bathroom with no exposed pre -cast joist at ceilings area, but plan A-6.1 Finish Schedule calls for this room to have exposed ceilings. Please clarify if there is a drop ceiling required and if so, type of ceiling required. A43. Unisex restroom shall have a painted exposed concrete ceiling. Q44. Pool Construction Plans Sheet A4.1 a. Pool Facility Exterior Elevations, shows elevations of the control booth and contains the south elevation detail 3/A-4.1 a showing a painted stucco wall finish right above the fences and gates, but north elevation shows a steel fencing at the same area. Please clarify if there is a stucco wall or fencing above gates. A44. Steel fencing shall be installed above the control gates. Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15-16-040 B-35806 Q45. Pool Construction Plans Sheet A5.1, Site Details, shows the bike rack with a ten (10) space model specified from Creative Pipe Inc. but specification section 02870 calls for eleven (11) bicycle capacity which would require the twelve (12) bike capacity from Creative Pipe. Please confirm bike capacity minimum required for this item. A45. Contractor shall provide and install a Ten (10) bicycle capacity bike rack with "Tandem Rack" design configuration shown on Sheet A-5.1. Bike rack shall be model TD -10 by Creative Pipe, Inc. or same "Tandem Rack" design configuration, by other approved manufacturer. Q46. Pool Construction Plans Sheet A5.1 Site Details, includes detail 3/A-5.1 calling for a drainage rock pocket with a geotex fabric along exterior retaining wall but fails to indicate width and height of rock pocket. Also, PVC weep pipe does not show at what elevation it comes thru the wall from the pool deck. Please provide dimensions. A46. Depth of the drainage rock pocket is 3'-4" below pool deck height of +11'-0" NGVD. The drainage pocket is to extend back 18" from the inside face of the retaining wall. The bottom of the PVC weep pipe is to be located 6" above finished grade. Q47. Pool Construction Plans Sheet A6.1 Door & Finish Schedule, includes the door schedule but fails to show the minimum wind design pressure at all exterior doors and overhead doors. Please provide minimum design wind pressure for all exterior doors and louvers. A47. Required wind pressures are shown on Pool Construction Plans Sheet S3.1, 048, Pool Construction Plans Sheet A8.1, Door & Finish Schedule calls for some interior rooms to have a floor finish of 'exposed concrete" with broom finish. Please confirm there is no concrete sealer requirement on these floors. A48. Concrete sealer is required on all interior exposed concrete floors. Q49. Pool Construction Plans Sheet A6.4, General Details, distal 5!A-6.4, calls for an aluminum stair tread nosing on all stairs but we could not find specif'cations or model required. Please provide specifications for tread nosing. A49. For purposes of this. assume vertical stucco control joints at 10'-0" o.c. at all exterior building elevations and elevated deck walls. Assume one horizontal stucco control joint around entire perimeter of the Locker Room/Pool Mechanical building, including the exterior corridor. Q50. Pool Construction Plans Sheet A6.4, General Details, detail 3/A-6 4, calls for a 1" stucco trowel v joints but elevations do not shove locations for said joints. Please provide revised elevations showing v joint locations. A50. Please refer to the response provided in A49 above. Q51. Pool Construction Plan Sheet S2.1, Foundation — Pool, shoves 1" vertical expansion control joints at the pool deck retaining walls at five (5) locations but no wall joint detail was provided in architectural drawings. Please specify control joint treatment, and sealant required. A51. Apply Sikaflex 1A elastomeric sealant against a backer rod set back ''/x" from face of retaining wall on two sides and top. Fill gap with Sikaflex 1A on both sides and top of retaining wall 1" expansion gap to a depth of/z", Color of Sikaflex sealant shall be selected by Architect from manufacturer's standard colors. 10 Curtis Park New Swimming Pool Facility Addendum No.: 4 'Bid No.: 15-16-040 B-35806 Q52. Pool Construction Plan Sheet S4.2, Sections. shows the drainage rock pocket and weep pipes on retaining wall perimeter located below deck level and fairs to specify pocket dimensions. Plan A-5.1 locates this pocket right below deck level. Please clarify where the drainage pocket is to be located as related to the pool deck elevation. A52. Depth of the drainage rock pocket is 3'-4" below pool deck height of +11'-0" NGVD. The drainage pocket shall extend back 18" from the inside face of the retaining wall. The bottom of the PVC weep pipe shall be located 6" above finished grade. Q53. Pool Construction Plan Sheet M1.0, Mechanical Notes and Schedules, shows the mechanical louvers L-1 as part of the louvers schedule but there is no finish specified. Please provide specification for required finish on these louvers, A53. Please refer to the response provided in AX above. Q54. Pool Construction Plan Sheet N12.0, Mechanical Plan — Pool, shows location of wall AC unit for control booth and fa is to show that this unit will protrude from the exterior CNIU wall into the egress path for public leaving the facility. The AC unit will also protrude into the interior space wiere the entry door is located. Please clarify and confirm unit will fit into the designated locat on. A54. For the purposes of this ITB, Please assume that the AC unit shall remain in the location shown on Sheet N12.0. Q55. Electrical system plans do not mention the need for a burglar alarm system anywhere. Please confirm no burglar alarm system or empty conduits for such system are to be provided. A55. Confirmed. Installation of a security alarm system or empty conduits for such a system is not included within the Project Scope. Q56, Pool Construction Plan Sheet E2.0, Electrical Site Demolition Plan, contains some notes on a small building located outside the proposed work area limits near the baseball field, referring to some electrical demo work. No work on this small building is shown on demolition drawings or on rest of drawings. Please clarify and confirm there is no work of any kind to be included in this area which is outside the work limit area. A56. Please disregard all demolition work related to the area north of North NW River Drive, as this work is not included within the Project Scope. Q57, Pool Construction Plan Sheet E3.0. Electrical Plan. shows a telephone equipment board required at electrical room, but we cannot find any telephone outlets being required in any of the rooms. Please confirm we are NOT required to install empty conduits/pull strings to any rooms, except for the telephone service entrance to electric room. A57. Pool Construction Plan Sheet E3.0 reflects a data outlet in the control booth with conduit running back to the equipment board. Q58. Pool Construction Plan Sheet Plan E-3.0, Electrical Plan, fails to show four added required GFCI electric outlets (see pool plan SP -1.02) along CMU walls and on perimeter fence on north and east sides. Please provide a detail on how to install a GFCI outlet where there is no wall. On the fence? Please advise. II Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No.: 15.16-040 B-35806 A58. Provide connection of these four 20 amp GFI type receptacles to two new single pole 20 amp circuit breakers connected to Panel B —14, 16. Connection to be made via 2 # 10 and 1 # 10 (G) THWN Copper run in 314" conduit. Put two receptacles on each circuit. Q59. Pool Construction Plan Sheet Plan P-5.0 Detaiis includes typical detail for electric water heater tank that calls for an in-line recirculation pump but domestic water isometric drawing in P-4.0 does not require such pump. Please clarify if we should include a recirculation pump. A59. Yes. A pump is required for the HW recirculation loop. 060. Pool Construction Plan Sheet Plans LA -1 and LA -2 contain instructions on transplanting an oak tree (No. 52) located outside the proposed work area limits near the baseball field. No work on this area is shown on rest of the drawings. Please clarify and confirm if this one (1) tree transplant is to be included in our proposal. A60. The transplanting of the existing oak tree is no longer included within the Project Scope, Q61. Poo# Construction Plan Sheet Plan A-6.1 poor & Finish Schedule calls for the overhead doors to be made of 24 ga. steel slats, at two locations, the door schedule and detail for door type C. Specificat ons section 08331, 2.02-C calls for the doors to be made of 20 ga minimum. Please clarify which of these instructions to follow, A61. Floor finishes specified on Sheet A-6.1 supersede Specification Section 09730, 3.03-A-1. The selected Bidder shall provide and install ceramic tile base (bullnose) throughout. Q62. Plan LS -1 do not show the fire extinguishers locations required. Please provide locations and if cabinets are required. A62. Provide one (1) type 2A-10BC fire extinguishers, 5 -pound capacity, on a wall bracket in each of the following spaces: Control Booth, Room 100 Electrical Room 105 Custodial, Room 101 Pool Storage, Room 106 General Storage, 107 Provide one (1) type 40 -BC fire extinguisher, 5 -pound capacity, on a wall bracket in each of the following spaces: Pool Mechanical, Rm 107 Can sheet A-6.1, Signage Schedule, change the number of "Fire Extinguisher Inside" signs from three (3) to six (6). D. Additional Information: The following exhibits, 1-3 are hereby provided: 1. Exhibit 1 — As -Built Plans for Existing Pool Facility; 2. Exhibit 2 - Report of Asbestos Survey & Paint Containing Lead Screening; 3. Exhibit 3 - Revised Site Civil and Environmental Plan Sheet C-7.0; i, Curtis Park New Swimming Pool Facility Addendum No.: 4 Bid No., 15-16-040 B-35806 THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. t Annie Perez, CPPO, Director of Procurement i U I Curtis Park New Swimming Poof Facility Addendum No.: 4 Bid No.: 15-16-040 B-35806 ADDENDUM NO. 3 December 19, 2016 INVITATION TO BID NO.: 15-16-040 CURTIS PARK NEW SWIMMING POOL FACILITY OFFICE OF CAPITAL IMPROVEMENTS (OCI) PROJECT NO.: B-35806 TO: ALL PROSPECTIVE BIDDERS: The following changes addit=ons, clard cations, andror deletions amend the a�cve-captioned Invitation to Bid ("ITB') and shall tecome an integral part of the Bad SUbmitted and the Contract to be executed for Curtis Park New Swimming Pool Facility — ITS No.: 15-16.040 (the "Project"). Please note the contents herein and affix same to the documents you have on hano The deadline for receipt of Bids has been changed to: January 11, 2017 Ca 2:00 PM (local time) THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL. BE MADE A PART THEREOF. Gf Annie PeKez, CPPD, Director of Procurement L. Curtis Park New Swimming Pool Facility Addendum No. 3 Bid No.: 15-16-040 B-35806 ADDENDUM NO. 2 December 8, 2016 INVITATION TO BID NO.: 15-16-040 CURTIS PARK NEW SWIMMING POOL FACILITY OFFICE OF CAPITAL IMPROVEMENTS (OCI) PROJECT NO.: B-35806 TO: ALL PROSPECTIVE BIDDERS: Tne f�,.C�;�ir; chant=s. _ _..ons, clarlf:wat;o^s, and,or deletcns arnard the a=oove-csptone'd lrvitatier to Bfd, "ITB") and sham'! be =e a integre; oa-t ^` the BA, subr:-itted and the Ccn rant to be executed for Curtis Park New Shimming Pool Facility — ITS No.: 15-16-040 tthe "Project'). Please rote the contents herein and, a`f x sar-e io ';e docurren.s you nava on hand Thedeadline for receipt of Bids has been changed to; December 22, 2016 Ca 2:00 PM (local time) THIS ADDENDUNI IS AN ESSENTIAL PORTION OF THE. CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPD, Director of Procurement Curtis Park New Swimming Pool Facility Addendurn No 2 Bid No- 15-16-040 B-35806 ADDENDUM NO. 1 November 23, 2016 INVITATION TO BID NO.: 15-16-040 CURTIS PARK NEW SWIMMING POOL FACILITY OFFICE OF CAPITAL IMPROVEMENTS (OCI) PROJECT NO.: B-35806 TO: ALL PROSPECTIVE BIDDERS: 7i e :iii] s caJdJocns. clar'fications.. a d.'or de�etions 3_.Ye-caD icned IRVii7tic'i to B+", ("ITB @ . z;'a!I to o -i -e a ce-t of ("'le Bid submittad and t'ne C;. ua--i to be ex'--CX,`-.d for Curtis Park New Swimming Pool Facility — ITB ,No.: 15-16-040 (the 'Project'). Pieease nose the ccr'-- en:s herain and aff"x same to t^e we-,..r+en's you have an hand The deadline for receipt of Bids has been changed to: December 12, 2016 L 3:00 P1h1 (local time) THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SMALL BE (MADE A PART THEREOF. _ U l nnie Perez, CPPD, Director of Procurement d . Curtis Park. New Swimming Pooi Facility Addendum No. 1 Bid No.. 15.18.040 B-35806 INVITATION TO BID (°LITB") NO.: 15-16-040 CURTIS PARK NEW SWIMMING POOL FACILITY OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO.: B-35806 Bid Due Date: Tuesday, November 29, 2016 Bid Due Time: 2:00 P.M. Mayor Tomas P. Regalado Commissioner Wifredo "Willy" Gort, District 1 Commissioner Ken Russell, 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 Procurement Department 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 TABLE OF CONTENTS NOTICE TO CONTRACTORS............................................................................................................... 6 Section 1 - Instructions for Submission............................................................................................ 8 1. Intention of City....................................................................................................8 2. Scope of Work...................................................................................................... 8 3. Location of the Project........................................................................................ 8 4. Performance of the Work..................................................................................... 8 5. Examination of Contract Documents and Site ................................................... 8 6. Addenda......................................................................................... 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 Rejection of Bids...................................................................... 10 13. Environmental Regulations............................................................................... 10 14. Bid Award........................................................................................................... 11 15. Bid Protest.......................................................................................................... 11 16. Community Small Business Enterprise ("CSBE") Participation .................... 11 17. Local Workforce Participation........................................................................... 12 18. Intentionally Omitted.......................................................................................... 14 19. Cone of Silence..................................................................................................14 20. Public Entity Crime............................................................................................15 21. Fraud and Misrepresentation............................................................................15 22. Collusion.............................................................................................................15 23. Contractor in Arrears or Default....................................................................... 15 24. Cancellation of ITB............................................................................................. 16 Section 2 - General Terms and Conditions..................................................................................... 17 1. Definitions...........................................................................................................17 2. Time is of the Essence.......................................................................................19 3. Contract Term.....................................................................................................20 4. Notices................................................................................................................ 20 5. Priority of Provisions......................................................................................... 21 6. Indemnification................................................................................................... 22 7. Insurance............................................................................................................ 22 8. Performance and Payment Bond...................................................................... 24 9. Qualification of Surety....................................................................................... 25 10. General Requirements.................................................................... .... 25 11. Method of Performing the Work........................................................................26 12. Work Staging and Phasing................................................................................26 13. Site Investigation and Representation............................................................. 27 14. Contractor to Check Plans, Specifications and Data ...................................... 27 15. Contractor's Responsibility for Damages and Accidents ............................... 27 16. Accidents.................................................................................. ....... 28 17. Safety Precautions....................................................r........................................28 18. Occupational Health and Safety........................................................................ 29 19. Labor and Materials........................................................................................... 29 2 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 20. Rules, Regulations, Laws, and Licenses......................................................... 29 21. Consultant Services...........................................................................................30 22. Project Management.......................................................................................... 30 23. Superintendence and Supervision................................................................... 30 24. Authority of the Project Manager...................................................................... 31 25. Inspection of Work............................................................................................. 32 26. Taxes................................................................................................................... 33 27. Separate Contracts............................................................................................ 33 28. Lands of Work.................................................................................................... 33 29. Coordination of Work......................................................................................... 33 30. Differing Site Conditions................................................................................... 34 31. Existing Utilities................................................................................................. 34 32. Contractor's Responsibility for Utility Properties and Service ...................... 34 33. Interfering Structures......................................................................................... 35 34. Field Relocation.................................................................................................. 35 35. Contractor's Use of Project Site(s)................................................................... 36 36. Warranty of Materials and Equipment.............................................................. 36 37. Material and Equipment Shipment, Handling, Storage and Protection ......... 36 38. Manufacturer's Instructions........................................ ............ 39 39. Manufacturer's Warranty................................................................................... 39 40. Reference Standards......................................................................................... 38 41. Submittals...........................................................................................................40 42. Shop Drawings ......................... .................... 41 43. Product Data.......................................................................................................42 44. Samples-------------------------------------------------------------------------------------------------------------42 45. Record Set............................................................................ ...................... 42 46. Supplemental Drawings and Instructions........................................................43 47. Contractor Furnished Drawings........................................................................ 43 48. Substitutions...................................................................................................... 43 49. City Furnished Drawings...................................................................................44 50. Interpretation of Drawings and Documents.....................................................45 51. Product and Material Testing............................................................................ 45 52. Field Directives...................................................................................................45 53. Changes in the Work or Contract Documents ................................................. 45 54. Continuing the Work..........................................................................................46 55. Change Orders................................................................................................... 46 56. Change Order Procedure................................................................................... 46 57. No Oral Changes................................................................................................ 47 58. Value of Change Order Work............................................................................. 47 59. Extra Work Directive.......................................................................................... 50 60. As-Built Drawings.............................................................................................. 51 61. Worker's Identification.. .... ................................................................................. 52 62. Removal of Unsatisfactory Personnel.............................................................. 52 63. Substantial Completion, Punch List & Final Completion ............................... 52 64. Acceptance and Final Payment......................................................................... 53 65. NPDES Requirements........................................................................................53 66. Force Majeure.....................................................................................................54 67. Extension of Time.............................................................................................. 54 3 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 68. 69. 70. 71. 72. 73. 74. 75. 76. 77, 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96, 97, 98. 99. 100 101 102 103 Notification of Claim.......................................................................................... 55 Extension of Time not Cumulative.................................................................... 55 No Damages for Delay....................................................................................... 56 Excusable Delay, Non-Compensable............................................................... 56 Linesand Grades............................................................................................... 55 DefectiveWork................................................................................................... 56 Acceptance of Defective or Non -Conforming Work........................................57 Uncovering Finished Work................................................................................57 Correctionof Work............................................................................................. 57 Maintenance of Traffic and Public Streets.......................................................58 Location and Damage to Existing Facilities, Equipment or Utilities .............. 59 StopWork Order................................................................................................. 60 Hurricane Preparedness....................................................................................60 Use of Completed Portions............................................................................... 62 Cleaning Up; City's Right to Clean Up............................................................. 62 Removal of Equipment.... ........................................................ ......................... 63 Set -offs, Withholdings and Deductions........................................................... 63 Eventof Default .................................................................................................. 63 Notice of Default -Opportunity to Cure.............................................................. 64 Termination for Default......................................................................................64 Remedies in the Event of Termination for Default.. ....... ........ ....................... 64 Termination for Convenience............................................................................65 Resolution of Disputes...................................................................................... 66 Mediation -Waiver of Jury Trial.......................................................................... 67 City May Avail Itself of All Remedies................................................................ 67 Permits, Licenses and Impact Fees..................................................................67 Compliance with Applicable Laws.................................................................... 68 Independent Contractor..................................................................................... 68 Third Party Beneficiaries................................................................................... 68 Successors and Assigns...................................................................................68 Materiality and Waiver of Breach......................................................................69 Severability......................................................................................................... 69 Applicable Law and Venue of Litigation........................................................... 69 Amendments....................................................................................................... 69 EntireAgreement............................................................................................... 69 Nondiscrimination, Equal Employment Opportunity, and Americans with DisabilitiesAct.................................................................................................... 69 104. Evaluation... ................................ ....................................................................... 70 105. Commodities manufactured, -grown or produced in the City of Miami, Miami - Dade _County and the State of Florida.............................................................. 70 106. Royalties and Patents........................................................................................ 70 107. Continuation of the Work.................................................................................. 70 108. Review of Records............................................................................................. 70 109. No Interest.......................................................................................................... 71 110. Payments Related to Guaranteed Obligations ................................................ 71 111. Consent of City Required for Subletting or Assignment ................................ 71 112. Aareement Limitina Time in Which to Brina Action Aaainst the Citv ........... 72 113. Defense of Claims.............................................................................................. 72 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 114. Contingency Clause........................................................................................... 72 115. Mutual Obligations.............................................................................................72 116. Contract Extension............................................................................................ 72 117. Non-Exclusivity.................................................................................................. 72 118. Nature of the Agreement................................................................................... 73 119. Contract Documents Contain all Terms........................................................... 73 120. Survival...............................................................................................................73 121. Disclosure of State Funding, if applicable....................................................... 73 Section_3 - Supplemental Terms and Conditions............................................................................ 74 1. Contract Time & Hours...................................................................................... 74 2. Progress Payments............................................................................................ 74 3. Liquidated Damages.......................................................................................... 75 4. Schedule of Values............................................................................................ 76 5. Project Schedules.............................................................................................. 76 6. Release of LienslSubcontractor's Statement of Satisfaction ......................... 76 7. Progress Meetings............................................................................................. 77 8. Request for Information................................................................... .................. 77 9. Project Site Facilities......................................................................................... 77 10. Inspection of Work............................................................................................. 78 11. Security...............................................................................................................78 12. Construction Signage........................................................................................ 78 13. Construction Photographs................................................................................79 14. City Furnished Property ....................... 15. Geotechnicai Testing — Intentionally Omitted .................................................. 79 16. Field Layout of the Work and Record Drawings for Drainage Projects......... 79 17. Survey Work for Drainage Projects.................................................................. 81 18. E -Verify - Mandatory Use................................................................................... 79 Section4 - Bid Form.......................................................................................................................... 82 Section5- Attachments..................................................................................................................... 93 BIDBOND FORM.......................................................................................................93 QUESTIONNAIRE......................................................,..........,............................... ... 96 CUSTOMER REFERENCE LISTING........................................................................... 100 REFERENCE PROJECT FORM LETTER................................................................... 101 OFFICE LOCATION AFFIDAVIT................................................................................. 102 CERTIFICATE OF COMPLIANCE WITH CITY CODE ................................................. 105 SCHEDULE OF INTENT AFFIDAVIT (SOI)................................................................. 106 LOCAL WORKFORCE PARTICIPATION BID QUESTION ......................................— 107 Section 6- Contract Execution Form.............................................................................................. 108 CORPORATE RESOLUTION....................................................................................... 109 FORM OF PERFORMANCE BOND............................................................................. 110 FORM OF PAYMENT BOND....................................................................................... 112 CERTIFICATE AS TO CORPORATE PRINCIPAL...................................................... 114 PERFORMANCE AND PAYMENT GUARANTY FORM AND UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT ............................... 115 FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY...... 117 5 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 INVITATION TO BID NO.: 15-16-040 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami, Office of the City Clerk, City Hall, 151 Floor, 3500 Pan American Drive, Miami, Florida 33133-5504 for: CURTIS PARK NEW SWIMMING POOL FACILITY Bids Due: Tuesday, November 29, 2016 @ 2:00 P.M. Scope of Work:.The work consists of furnishing all materials, labor, and equipment necessary for the demolition of the existing swimming pool facility, remediation of the contaminated soil within the Project area, construction of a new swimming pool facility, modification of the existing parking lot, and construction of a pedestrian crosswalk in the right-of-way. The Selected Bidder shall be required to furnish all disposal manifests for potentially contaminated media, including onsite soil, Personal Protection Equipment (PPE) and any other waste material material generated at the site. The Selected Bidder shall serve as the agent for the City of Miami ("City") in signing disposal manifests. The Selected Bidder shall properly protect the abutting boat ramp facility from all construction activities and debris. The full scope of work is detailed in the construction drawings. Minimum Requirements: A. Bidder shall have i) a current certified General Contractor license issued by the State of Florida; and, ii) a minimum of five (5) years of experience, under its current business name, in the construction/renovation of community pools, supported by references for three (3) community pool projects, completed within the past ten (10) years. B. Submitted reference projects must demonstrate that the Bidder: i) served as the Prime Contractor for the reference project; "ii) self -performed at least thirty percent (30%) of the physical construction work for the reference project. C. Bidders' Project Manager and all field workers to be assigned to the City's Project identified herein shall have completed forty (40) hours of Hazardous Waste Operations and Emergency Response (HAZWOPER) training or refresher training in the past twelve (12) months, as of the Bid submittal date. The Project Manager and all field workers involved in the site remediation shall be required to comply with the HAZWOPER requirements during construction. The Selected Bidder, hereinafter referred to as the Contractor, shall self -perform at least thirty percent (30%) of the negotiated construction cost of the entire Project utilizing its own employees. The City reserves its right to require documentation at any time in confirmation of this requirement. PLEASE NOTE: A. Field workers shall be trained in HAZWOPER — forty (40) hours with up to date annual training certificates. Copies of HAZWOPER training certificates for Bidder's field workers shall be submitted with the bid. Verification of 8 -hour refresher course certificates shall be updated and submitted to the City's Project Manager immediately upon contract award for field workers on the Project. Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 B. Curtis Park is adjacent to a residential area. Contractor shall be required to furnish all disposal manifests for potentially contaminated media, including onsite soil, PPE and any other wastes generated at the site. C. The Contractor shall serve as the agent for the City in signing disposal manifests. D. Bidders shall identify the Class I Landfill to be used for contaminated media that cannot be regraded into the site. When offsite disposal is necessary; the Contractor may be required by the Landfill facility to conduct lab analysis of Toxicity Characteristic Leaching Procedure (TCLP) for soil contaminants identified in previous assessment reports. The Procurement Department (Procurement) has scheduled a VOLUNTARY PRE -BIC; CONFERENCE to be held on the following date, time and location: Location: Miami Riverside Center 444 SW 2"d Avenue, 611 Floor -- South Conference Room Miami, Florida 33130 Date/Time: Wednesday, November 9, 2016 @ 10:00 A.M. The Bid documents, including plans may be obtained by visiting the Office of Capital Improvements' website: http://www.miamigov.com/CITP/Procurement0pg.html. It is the sole responsibility of each Bidder to ensure their receipt and understanding of any addendum. It is recommended that firms periodically check the Office of Capital Improvements' ("OCII 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 or USB Drive in PDF format at the time, date and place stated, 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. Bidder assumes any risk of any delay or mistake. BIDDER IS 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. Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Section 1 — Instructions for Submission 1. Intention of City It is the intention of City to describe in this Invitation to Bid (ITB) the Project to be completed in accordance with all codes and regulations governing all the Work to be performed under this Project. Contractor shall supply any work, materials, or equipment that may reasonably be inferred from the Contract as being required to produce the intended result, whether or not specifically called for. Where words have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. 2. Scope of Work The Work will consist of furnishing all materials, labor, and equipment necessary forthe demolition of the existing swimming pool facility, remediation of the contaminated soil within the Project area, construction of a new swimming pool facility, modification of the existing parking lot, and construction of a pedestrian crosswalk in the right-of-way. The Contractor shall properly protect the abutting boat ramp facility from all construction activities and debris. The full scope of work is detailed in the construction drawings. 3. Location of the Project 9901 NW 24" Avenue, Miami, Florida 33125 4. Performance of the Work Contractor shall complete at least thirty percent (30%) of the physical Work of the negotiated construction cost of the entire Project. By submitting a Bid, the Bidder certifies that it shall utilize its own employees to meet this requirement. As part of the Bid, the Bidder must include the form titled "Questionnaire". Failure to complete and submit this form, or to meet this requirement, may result in the Bid being deemed non-responsive. Where the City determines that Contractor is deemed as not meeting this requirement during the performance of the Work, then the Contractor shall be in default of the Contract. 5. Examination of Contract Documents and Site It is the responsibility of each Bidder, before submitting a Bid, to: • Carefully review the ITB, including any 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's Procurement Ordinance and Florida Building Code) laws, regulations, ordinances that may affect a Bidder's ability to perform the Work. • Study and carefully correlate Bidder's observations with the requirements of the ITB. • Sign and return all required ITB forms and/or addenda, as applicable. Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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. Addenda Only questions answered via written addendum will be binding. Oral and other interpretations or clarifications will be without legal binding effect and should not be relied upon in preparation of a Bid response. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Department (Procurement) in writing, to the attention of Anthony Hansen at amhansengmiamigov.com, with a copy to the Office of the City Clerk at rcastillo(aDmiamigov.com. Interpretations or clarifications considered necessary by Procurement in response to such questions will be issued by the City by means of an Addendum. All Addenda will be posted on the OCI webpage. Written questions must be received by the City, no later than Friday, November 18, 2016 at 5:00 PM. There shall be no response to questions received after Friday, November 18, 2016 at 5:00 PM. 7. Bid Submission All Bids must be received by the City of Miami, Office of the City Clerk, located at City Hall, First Floor, 3500 Pan American Drive, Miami, FL. 33133, before the time and date specified for Bid opening, enclosed in a sealed envelope, and legibly marked on the outside: BID NO.: 15-16-040 PROJECT NAME: Curtis Park New Swimming Pool Facility, B-35806 Bidders must submit two (2) original Bid Packages and one electronic Bid Package on a CD or USB Drive in PDF format. Fallure to submit two originals may result in the Bid being deemed non-responsive. 8. Bid Guaranty All Bids shall be accompanied by either an original Bid bond executed by a surety 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 percent (5%) of the total Bid amount, (payable to City), and conditioned upon the Contractor executing the Contract and providing the required Performance and Payment Bonds 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 and Payment Bond and Certificate(s) of Insurance may be extended by the City at its sole and absolute 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 Contractor shall be forfeited to the City as liquidated damages, and not as a penalty, for the cost and expense incurred should said Contractor fail to execute the Contract, and provide the required Performance and Payment Bonds. Any form of Bid Guaranty shall be in a form acceptable to the City of Miami Risk Management Director and the City Attorney, as to legal form. 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 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 utilize the City's forms, or fully complete said forms, may result in a determination that the response is non-responsive The Bidder shall 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. 10. Pre -Bid Conference A VOLUNTARY PRE-BID CONFERENCE will be held on Wednesday, November 9, 2016 at 10:00 A.M. at the Miami Riverside Center, 6th Floor South Conference Room, 444 SW 2nd Avenue, Miami, FL 33130, to discuss this ITB. Since space is limited, it is recommended that one representative of each firm attend in order to become familiar with the ITB. Attendees are requested to bring this ITB Package to the conference. 11. Postponement of Bid Opening Date The City reserves the right to postpone the date for receipt and opening of 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 discretion of the City. The City reserves the right to waive any minor or non -material technicality, informality, variance, deviation, omission or the like up to or prior to award of the Contract. Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90) calendar days after Bid opening date. A Bidder may not withdraw its Bid unilaterally nor change the Price before the expiration of one hundred eighty (180) calendar days from the date of Bid opening. A Bidder may withdraw its Bid after the expiration of one hundred eighty (180) calendar days from the date of Bid opening by delivering written notice of withdrawal to the OCI 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, claims, and/or violations of environmental laws, rules, and/or regulations (Regulations) in determining a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history or frequency 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 to Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 of any citation or violation which Bidder may receive after the Bid opening date and during performance of the Work under this Contract. This inquiry will cover all violations of Regulations in the United States, its possessions or territories. Bidder for purposes of the section shall mean the actual Bidder, any business entity that is a subsidiary, wholly or in which a majority of equity is owned by the Bidder, or its principals. 14. Bid Award The City will issue the award of the Contract to the lowest responsive and responsible Bidder. The City may require demonstration of competency and, at its sole and absolute discretion, may conduct site visits at the Bidder's office, require the Bidder to furnish documentation and/or require the Bidder to attend a meeting to determine the Bidder's qualifications and ability to meet the terms and conditions of this Contract. The City shall consider, but not be limited to, such factors as financial capability, labor force, equipment, experience, knowledge of the trade work to be performed, the quantity of Work being performed, and past performance on City projects by the Bidder. The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that it can satisfactorily provide the goods and/or services required herein. The City, at its sole discretion, may determine a Bidder to be non -responsible where the Bidder has failed to perform in accordance with other contracts with the City. Any 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 the solicitation or award of a contract may protest in writing to the Chief Procurement Officer, in. Accordance with the procedures contained in Section 18-104, Resolution of protested solicitations and awards, as amended, of the City Code, Ordinance No. 12271 (the City of Miami Procurement 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 TO THIS REQUIREMENT. 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 OCI webpage. a) The Contractor must assign a minimum of fifteen percent (15%) of the Contract value to a respondent or to a construction related enterprise currently certified by Miami - Dade County as a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-33.01 and Sec. 10-33.02 of the Miami -Dade County Code; b) Five percent (5%) of the bid amount shall be retained by the City for the CSBE requirements until said requirements are fulfilled and verified within six (6) months of Contract completion pursuant to Section 18-89 of the City Code. Failure to comply with the CSBE requirements within six (6) months of Contract completion shall result in the forfeiture of the retained amount to the City. This five percent (5%) W Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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/smallbusiness/librar//reports/certify-csbe-b,-fi�pdfi 17. Local Workforce Participation Contractor must employ the following minimum percentage requirements for on-site labor from persons residing within Miami -Dade County (an individual whose primary place of residence is within Miami -Dade County), for the duration of the project: 1. Construction contracts with a construction cost of up to $250,000.00 shall have no local workforce participation requirement. 2. Construction contracts with a construction cost of $250,000.00 or more, but less than $500,000.00 shall have a minimum local workforce participation requirement of ten percent (10%). 3. Construction contracts with a construction cost of $500,000.00 or more, but less than $750,000.00 shall have a minimum local workforce participation requirement of fifteen percent (15%). 4. Construction contracts with a construction cost of $750,000.00 or more, but less than $4,000,000.00 shall have a minimum local workforce participation requirement of twenty percent (20%). 5. Construction contracts with a construction cost of $4,000,000.00 or more shall have a minimum local workforce participation requirement of forty percent (40%). All local workforce participation percentage requirements listed above shall be applied on the construction project's on-site labor force. The County residency of the onsite labor component shall be subject to verification by the OCI. 11. The Contractor shall strive to employ a minimum of fifty percent (50%) of the aforementioned minimum local workforce participation percentage requirements from within the City commission district where the project is located. I II. Five percent (5%) of the bid amount shall be retained by the City for the local requirements until said requirements are fulfilled and verified by the City Manager, or authorized designee as being fulfilled within three (3) months of contract completion. Failure to satisfactorily meet the requirements shall result in the forfeiture of the retained amount to the City, this five t2 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 percent (5%) retainage is included within the ten percent (10%) retainage normally withheld by the City and will comply with percentages specified in F.S. § 218.735. IV. The Contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce or a similar state chartered regional workforce development board acceptable to the City Manager. 1. For contracts with a bid amount between $1,000,000.00 and $2,000,000.00, the Contractor shall be required to hold one job fair within the local community. 2. For contracts with a bid amount greater than $2,000,000.00, the Contractor shall be required to hold two job fairs within the local community. V. Bid and response documents to which a local workforce participation requirement goal has been applied shall require the Contractor to develop and submit to the City, within thirty (30) days of notification of award of the construction contract, a workforce plan (plan) outlining how the goal will be met, and containing the following information and elements required by this section. The Contractor shall provide to the City, proof of adherence to the City's Local Workforce Participation Requirements within the past three (3) years, and the Contractor's past compliance with these requirements. The Contractor's response must include; 1. Contract number, name, and a brief description of work; 2. Total dollar value of the contract; 3. Dates covering the term of the contract; 4. Percentage of Local Work Participation Requirements met by the Contractor; 5. Breakdown of local workforce used to meet requirements (number of persons broken down by trade and category); 6. If the Contractor was unable to meet the local workforce participation requirements, explain the reason why, and what efforts, if any, were utilized by the Contractor to attempt to meet these requirements; 7. If the project was over one million dollars ($1,000,000) did the Contractor hold a job fair, if yes, provide the date and location of the job fair(s), number of attendees; 8. Was a third party hired to verify and certify compliance with the local work force requirements, if yes, were all requirements met, what was the third party's name and provide their current contact information; 9. Was the five percent (5%) retainage fee released to the Contractor by the City upon project completion; and 10. If the Contractor did not meet the goal, did you seek a waiver of the program requirements from any City official, and provide a detailed explanation. The plan shall identify by name, address, and trade category of all persons proposed to perform work under the Contract currently on the contractor's payroll, or positions to be hired by the Contractor, who reside within Miami -Dade County. An updated plan shall be submitted to the City's project manager on a monthly basis, and in the event that during 13 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 the Contract period a new hire or a person identified in the plan as meeting the local workforce participation requirement goal is replaced, the City may require the Contractor to immediately identify the replacement. VI. The Contractor shall have a third party independently verify and certify compliance with these requirements on a quarterly basis. Said third party shall be unaffiliated with the respondent, and be properly licensed under the provisions of Florida Statute Chapters 454, 471, 473, or 481. The firm performing the verification shall have a minimum of two (2) years of prior professional experience in contracts compliance, auditing, personnel administration, or field experience in payroll, enforcement, or investigative environment. The cost for this verification and certification shall be included in the related Contract costs. These local workforce participation requirements shall apply to any competitively procured Contract under this section unless: 1. The City Manager or designee deems the requirements unfeasible prior to issuance of the ITB document; 2. It is disallowed by federal or state law or grant requirements; 3. Funding sources require alternate, contradictory or specifically exclude or disallow local workforce participation requirements; 4. These requirements are waived by the City Commission by resolution, prior to issuance of the ITB document, upon written recommendation of the City Manager or City Manager's designee. Bidders should refer to Section 18-89(f) of the City of Miami Procurement Code for further clarification. This language is only a summary of the key provisions of the Local workforce participation requirements. Please review City of Miami Ordinance No. 12271, § 2, 8-22-02; Ord. No. 12654, § 2, 2-10-05; Ord. No. 12780, § 2, 3-9-06; Ord. No. 13275, § 2, 7-14-11; Ord. No. 13331, § 2, 7-26-12; Ord. No. 13332, § 2, 7-26-12; Ord. No. 13493, § 2, 1-22-15 for a complete and thorough description of the Local workforce participation requirements. You may contact the City Clerk at (305) 250-5360, to obtain a copy of the same. 18. Intentionally Omitted 19. Cone of Silence Pursuant to Section 18-74 of the City's Procurement Code, a codification of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon this ITB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence prohibits any verbal communications regarding this ITB. Any communication concerning this ITB must be submitted in writing to Procurement at amhansen(cDmiamigov.com. Bidders must also 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 rcastillo(a-)miamigov.com. This language is only an overview of the requirements of the Cone of Silence. Please review Section 18-74 of the City's Procurement Code for a complete and thorough description of the Cone of Silence. You may also contact the City Clerk at (305) 250-5360, to obtain a copy. 20. Public Entity Crime 14 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 thirty-six (36) months from the date of being placed on the convicted Bidder list. 21. Fraud and Misrepresentation Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The City as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation. 22. Collusion Where two (2) or more related parties, as defined herein, each submit a 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, owners or the principals thereof which have a direct or indirect ownership interest in another firm or in which a parent company or the principals thereof of one Bidder have a direct or indirect ownership interest in another Bidder for the same project(s). ITB responses found to be collusive shall be rejected. Owners shall mean those persons who own 5% or more of an interest in related parties. 23. Contractor in Arrears or Default The Bidder represents and warrants that the Bidder is not in arrears to the City and is not in default as a principal, gurantor, surety or otherwise upon any obligation to the City. In addition, the Bidder warrants that the Bidder has not been declared "not responsible" or "disqualified" by or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Bidder's responsibility or qualification to receive public agreements. The Bidder considers this warrant as stated in this Article to be a continual obligation and shall inform the City of any change during the term of the Contract. The City shall not consider, and shall deem as non -responsible Bids submitted by Bidders where the City has determined that the Bidder is in monetary arrears, or otherwise in debt or in default to the City, at the time and date Bids are due. 15 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 24. Cancellation of ITB The City reserves the right to cancel, in whole or in part, any ITB when it is in the best interest of the City. This determination will be at the discretion of the City and there will be no recourse from such cancellation. 16 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Section 2 — General Terms and Conditions 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. Capital Improvement Project means any planned or unforeseen fixed capital outlay activity authorized by the City of Miami Commission, 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 reiated 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. Construction Change Directive means a written directive to effect changes to the Work, issued by the Consultant or the Director that may affect the ITB Contract price or time. Construction Schedule means a critical path schedule or other construction schedule, as defined and required by the Contract Documents. 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. 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). 17 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Contractor/Selected Bidder means the person, firm, or corporation with whom the City has contracted and who will be responsible for the acceptable performance of any Work and for the payment of all legal debts pertaining to any Work issued under this contract through the award of an ITB. Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Contract Documents which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or other elements of the Work or the Contract Documents affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project(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 Office of Capital Improvements ("OCI°)or his/her 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 orthe 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 Respondent Contractor will employ on-site labor from persons who reside within the Miami -Dade County municipal boundaries (e.g. county 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). Plans and/or Drawings means the official graphic representations of a Project(s). 18 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 Contractorto 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 the OCI to manage the Project(s). Project Site or Site means lands or areas indicated in the Contract Documents as being furnished by the City of Miami upon which Work is to be performed, including rights-of-way and easements for access thereto, and any such other lands furnished by the City which are designated for the use of the Contractor. Request For Information (RFQ means a request from the Bidder 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 Bidder'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. Supplemental Instructions means Direction or instructions issued by the City in accordance with the Contract Documents, without change in Contract Price or Contract Time. 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. 19 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Contractor acknowledges and recognizes that the City is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time. In agreeing to bear the risk of delays for completion of the Work except for extensions approved in accordance with Article 71, Excusable 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 by the Director 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(s) in excess of the GMC (unless, the City Commission has approved a Project contingency or has approved a prior amendment to the Contract, setting forth an additional amount due to Owner requested changes or its equivalent. If the term Guaranteed Maximum Price ("GMP") is used in this Agreement, it shall have the same definition as GMC, defined above, 4. Notices Whenever either party desires to give Written Notice unto the other relating to the Contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within three (3) 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 courierldelivery service upon the initial delivery date by the courierldelivery service. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Daniel J. Alfonso City Manager City of Miami 444 SW 2"1 Avenue - 101 Floor Miami, Florida 33130 dlalfonso(cbmamigov.com (305) 416-1025 Annie Perez, CPPD Director Department of Procurement City of Miami 444 S.W. 2' Avenue - 611 Floor Miami, Florida 33130 Curtis Park New Swimming Pool Facility ITS No.: 15-16-040 B-35806 Annie PerezCa_)miamigov.com (305) 416-1910 Jeovanny Rodriguez, P.E. Director Office of Capital Improvements City of Miami 444 S.W. 211 Avenue - 81' Floor Miami, Florida 33130 jeovannvrodriguez cdmiamigov.com (305) 416-1225 For Contractor: Martha A. Morgan, President West Construction, Inc. 318 South Dixie Highway Suite 4-5 Lake Worth, FL 33460 m amorga n (a�westcon structi on i n c. net Phone: 561-588-2027 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). Prior to beginning construction, the Contractor is required to obtain a current list of contact persons and phone numbers from the City of Miami's Project Manager prior to Construction. The City's Project Manager for this Project is Carlos Vasquez and he can be reached at cavasguez()miamigov.com or (305) 416 — 1206. The Contractor must notify residents living within five -hundred (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 2016 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 Amendments to the Contract shall govern over the Contract; The Contract Documents shall govern over the Contract; and Addenda to an ITB shall govern over the ITB. In the event of conflicts within the Contract Documents the priorities stated below shall govern: 21 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 • Scope of Work and Specifications shall govern over plans and drawings; • Schedules, when identified as such shall govern over all other portions of the plans; • Specific notes shall govern over all other notes, and all other portions of the plans, unless specifically stated otherwise; • Larger scale drawings shall govern over smaller scale drawings; • Figured or numerical dimensions shall govern over dimensions obtained by scaling; and • Where provisions of codes, manufacturer's specifications or industry standards are in conflict, the more restrictive or higher quality shall govern. 6. Indemnification Contractor shall indemnify, defend (at its own cost and expense) and hold harmless City, its officers, agents, directors, and employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness , negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall, further, hold the City, its officials and employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if 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 Subcontractor 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 Subcontractor, 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. 22 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 771. 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(les) must include: • Waiver of subrogation ■ Statutory State of Florida ■ Limits of Liability 772. 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. 773. Commercial General Liability (Primary & Non Contributory) (CG 201019/85) (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 ($1,000,000.00). ■ CGL Required Endorsements o Contingent Liabilityllndependent Contractors Coverage o Contractual Liability o Premises and/or Operations Liability o Explosion, Collapse and Underground Hazard o Primary Insurance Clause City is to be expressly included as an Additional Insured pursuant to endorsement number CG 2010 11185 or its equivalence. 7_4. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include any Auto, including Owned, Hired, Borrowed or Non -Owned Autos, and Scheduled. 7_5. Umbrella Policy (Excess Following Form/True Excess Following Form/True Umbrella) ■ Bodily injury and property damage liability with limits of Three Million Dollars ($3,000,000.00) per occurrence, Three Million Dollars ($3, 000,000.00) Aggregate. 23 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Excess follow form over all applicable liability policies contained herein. City shall be listed as an additional insured. 7_6. Builder's Risk with Causes of Loss, Special Form with Replacement Cost Deductable including Ten Thousand ($10,000.00) All Other Perils (AOP), 5% Wind & Hail, Flood 7_7. Protection and Indemnity Coverage/Jones Act with Limits of Liability of One Million Dollars ($1,000,000.00). City shall be listed as an additional insured. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than thirty (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 OCI 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 to the Contractor. The company must be rated no less than "A2' as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The Risk Administrator or his/her authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Contractor in accordance with Section 2, General Conditions, Article 4, Notices. Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the contract value as necessary. For insurance bonding issues and decisions, the City shall act through its Risk Administrator (unless otherwise stated). 8. Performance and Payment Bond Where required by the Contract Documents 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 24 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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), 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 Payment/Performance Bond, Contractor may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached. Such alternate forms of security shall be subject to the prior approval of City and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by City for one year after completion and acceptance of the Work. 9. Qualification of Surety Bid Bonds, Performance/Payment Bonds over Two Hundred Thousand Dollars ($200,000): Each Bond must be executed by a surety company ith a rating of (A-) and based on the Financial Size Category of (VII). The surety company must be of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Surety shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the Surety shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the Surety shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner 10. General Requirements The employee(s) of the Contractor shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the City or any of its departments. The Contractor shall at all times, employ, maintain and assign to the performance of a Project a sufficient number of competent and qualified professionals and other personnel to meet the requirements of the Work to be performed. The Contractor shall adjust staffing levels or to replace any staff if so requested by the Project Manager, should the Project Manager 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 has the proper skills, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Work, in a competent and professional manner. The Contractor shall provide temporary facilities and controls necessary to perform the Work and to ensure safe and proper access and use of the site by the Project Manager and the Consultant. Any such specific requirements will be included in the Technical Specification portion of the ITB. 25 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-358016 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 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. 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 26 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 twenty-four (24) hours in advance of the interruption of City operations. The Contractor shall familiarize itself with normal City operations where the Work is to be performed so that it can conduct the Work in the best possible manner to the complete satisfaction of the Project Manager and Consultant. A staging plan must be submitted to and approved by the Project Manager or the Consultant prior to the start of construction and issuance of the Notice to Proceed. Such staging plan shall be revised and resubmitted as necessary during construction. 13. Site Investigation and Representation The Contractor acknowledges that it has satisfied itself as to the nature and location(s) of the Work under the Contract Documents, the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the performance of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the Project(s) site(s) as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in this Contract Documents. Contractor shall examine the soil conditions at the Project site to determine if any special shoring, sheeting, or other procedures are necessary to protect adjacent property during excavation of subsoil materials or during filling of any area(s), or for any operation during the performance of the Work. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the Project(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, and to the satisfaction of the Project Manager, any Work, materials, equipment, or supplies damaged, lost, stolen, or destroyed from any cause whatsoever. ?7 Curtis Park New Swimming Pool Facility ITS No.: 15-16-040 B-35806 Lawn Areas - All lawn areas disturbed by construction shall be replaced with like kind to a condition similar or equal to that existing before construction. Where sod is to be removed, it shall be carefully removed, and the same re -sodded, or the area where sod has been removed shall be restored with new sod in the manner described in the applicable section. Fences - Any fence, or part thereof, that is damaged or removed during the course of the work shall be replaced or repaired by the Contractor, and shall be left in as good 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. 17. Safety Precautions Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: All employees on the Project(s) site(s) and other persons who may be affected thereby; All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project(s) site(s); and Other property at the Project(s) Site(s) or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Contractor shall designate a responsible member of its organization at the Project(s) site(s) whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Project Manager. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain 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 ?g Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 (including OSHA, EPA, DERM, the City, Miami -Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all federal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non -working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager and Consultant of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager and the Consultant. 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, Laws, and Licenses ?g Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-85806 The Contractor shall comply with all laws, rules, regulations, permits, licenses, public agency consents and approvals relative to the provision of services , equipment, supplies and/or materials specified in the Contract Documents, including without limitation those imposed by the federal, state, county or city agencies having jurisdiction over the matter. The Contractor, its agents, Subcontractors and representatives shall be familiar with and comply with all federal, state and local laws, rules, regulations and approvals that may affect the Work, goods and/or services offered. 21. Consultant Services The City, at its sole discretion may hire a Consultant who shall serve as the City's Representative for the Project(s) to be performed under the Contract Documents. The Contract Documents will state that a City's representative has been contracted with, forthe management of the Work under the Contract Documents and who will be the lead point of contact, the Consultant or the Project Manager. Where a Consultant has been identified, the Consultant and the Project Manager will have authority to act on behalf of the City to the extent provided in the Contract Documents and as outlined in Article 22, Authority of the Project Manager, of the General Terms and Conditions. On the basis of the on-site observations, the Consultant will keep the Project Manager informed of the progress of the Work. In the capacity of interpreter, the Consultant will exercise the best efforts to ensure faithful performance by both the Project Manager and the Contractor and will not show partiality to either. The Project Manager will assist the Consultant in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance and will receive and review written warranties and related documents required by the Contract and the Contract Documents. The Consultant will be responsible for receiving all documentation for review and acceptance. Upon acceptance such documentation will be forwarded to 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 terminated Consultant. 22. Project Management Where a Contractor is awarded Work, the Contractor shall be responsible for all Project management, including any and all subcontracts necessary to ensure that the Work is performed in accordance with the Contract Documents. Project Management shall include, but is not limited to: obtaining bids from Subcontractors and suppliers; coordinating the securing of all permits; obtaining licenses and inspections; ensuring that Subcontractors comply with all City requirements; performing the Work in accordance with the Contract Documents to the satisfaction of the Project Manager; paying all Subcontractors; obtaining release of liens/claims fees; and obtaining temporary and final Certificates of Occupancy or Completion. 23. Superintendence and Supervision The orders of the City are given through 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 replaced except 30 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 with the written consent of Project Manager or Consultant, unless the superintendent proves to be unsatisfactory to Contractor and ceases to be in Contractor's employ. The superintendent shall represent Contractor, and all directions given to the superintendent shall be as binding as if given to Contractor, and will be confirmed in writing by Project Manager or Consultant upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using Contractor's best skills 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 of thirty (30) calendar days, the Contractor's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of Work for the day; the Work being performed; materials, labor, personnel, equipment and Subcontractors at the Project(s) site(s); visitors to the Project site, including representatives of the City, Consultant, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of Work for the day. All information shall be recorded in the daily log in indelible ink. The daily log shall be kept on the Project(s) site(s) and shall be available at all times for inspection and copying by Project Manager and Consultant. The Project Manager, Contractor and Consultant shall meet at least every two (2) weeks or as otherwise determined by the Project Manager, during the course of the Work to review and agree upon the Work performed and outstanding issues. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If Contractor, in the course of performing the Work, finds any 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 Manager and/or Consultant will follow up in writing, as soon thereafter as is practicable. The Project Manager and/or Consultant shall have authority to act on behalf of the City to the extent provided by the Contract, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing, and shall be issued through the Director, Project Manager or the Consultant. 31 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 The Project Manager and Consultant shall have access to the Project(s) Site(s) at all times, The Contractor shall provide safe facilities for such access so the Project Manager and Consultant may perform their functions under the Contract. The Project Manager and Consultant will make periodic visits to the Work Site to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Project Manager and Consultant will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Project Manager and Consultant will have authority to reject Work that does not conform to the Contract Documents. Whenever, in his or her opinion, it is considered necessary or advisable to ensure the proper completion of the Contract Documents the Project Manager and Consultant will have authority to require special inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither the Project Manager's nor Consultant's authority to act under this paragraph, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager or Consultant to the Contractor, any Subcontractor, supplier or any of their agents, employees, or any other person performing any of the Work. All interpretations and recommendations of the Project Manager and Consultant shall be consistent with the intent of the Contract Documents. The Project Manager and Consultant will not be responsible for the acts or omissions of the Contractor, any Subcontractor, or any of their agents or employees, or any other persons performing any of the Work. 25. Inspection of Work Consultant, Inspectors and the 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 or Project Manager's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, Contractor shall give the Project Manager 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. 32 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 taw, rule or regulation. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Separate Contracts Prior to the commencement of the Work, the Project Manager or the Consultant will notify the Contractor of all ongoing projects or projects scheduled to commence during the Work that may require coordination. The Contractor shall be responsible for coordinating the Work with any other project to minimize any potential adverse impact. Contractor shall not be entitled to any days of delay for failure to properly coordinate the Work. The Consultant and the Project Manager will assist the Contractor in coordinating the Work, however, the sole responsibility for coordination rests with the Contractor. If any part of Contractor's Work depends for proper execution or results upon the work of any other persons, Contractor shall inspect and promptly report to Project Manager and Consultant any defects in such work that render it unsuitable for such proper execution and results. Contractor's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of Contractor's Work, except as to defects which may develop in other contractor's work after the execution of Contractor's Work. Contractor shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, Contractor shall be liable to the affected contractor for the cost of such interference or impact. To ensure the proper execution of subsequent Work, Contractor shall inspect the Work already in place and shall at once report to Project Manager and Consultant any discrepancy between the executed Work and the requirements of the Contract Documents. 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 as specified in Section 3 — Supplemental Terms and Conditions, paragraph 1. Contract Time and Hours. 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 33 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 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 Directorfor 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 fourty-eight (48) hours before the Contractor commences any digging, The Contractor is responsible for removing all utility markings once the work is completed. Final payment to the Contractor may be withheld until the utility marks are removed. 32. Contractor's Responsibility for Utility Properties and Service 34 Curtis Park New Swimming Pool Facility iTB No.: 15-16-040 B-35806 Where the Contractor's operations could cause damage or inconvenience to railway, telephone, fiber optic, television, electrical power, oil, gas, water, sewer, or irrigation systems, the Contractor shall make all arrangements necessary for the protection of these utilities and services or any other known utilities. Notify all utility companies that are affected by the construction operation at least forty-eight (48) hours in advance. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under the Contract Documents. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with trenching are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Contract Documents and as approved by the Project Manager or Consultant. Replace, with material approved by the Project Manager or Consultant, at Contractor's expense, any existing utilities damaged during the Work. 33. Interfering Structures An attempt has been made to show major structures on the furnished Drawings. White 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 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 35. Contractor's Use of Project Site(s) Limitations may be placed on the Contractor's use of the Project(s) site(s) and such limitations will be identified by the Project Manager. In addition to such limitations, the Project Manager may make storage available to the Contractor, at his sole discretion, based on availability of space. The Contractor shall also coordinate and schedule deliveries so as to minimize disruptions to City day-to-day operations. The Contractor shall limit its use of the Project site(s), so as to allow for the City's continuous operation. This is necessary, as the Project site(s) may remain in operation during the Work. • The Contractor shall: o Confine operations at the Project(s) site(s) to the areas permitted by the Project Manager or Consultant; not disturb portions of the Project(s) site(s) beyond the specified areas; conform to Project(s) site(s) rules and regulations affecting the Work. o Keep existing driveways and entrances serving surrounding facilities clear and available to the City, its employees and the public at all times; not use areas for parking and/or storage of materials except as authorized by the Project Manager. e Assume all responsibility for its tools, equipment and materials, including any materials purchased for the Work and not accepted by the City, and its vehicles while performing Work for the City and/or while parked or stored at a City facility. The City assumes no liability for damage or loss to the items specified in this paragraph. Access to parking and egress from the Project(s) site(s) shall be subject to the approval of the Project Manager. 36. Warranty of Materials and Equipment Contractor warrants to City that all materials and equipment furnished under the Contract Documents will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Project Manager or Consultant, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within the Contract Documents. 37. Material and Equipment Shipment, Handling, Storage and Protection Preparation for Shipment When practical, equipment shall be factory assembled. The equipment parts and assemblies that are shipped unassembled shall be furnished with assembly plan and instructions. The separate parts and assemblies shall be factory match -marked or tagged in a manner to facilitate assembly. All assemblies are to be made by the Contractor at no additional cost to the City. Generally, machined and unpainted parts subject to damage by the elements shall be protected with an application of a strippable protective coating, or other approved protective method. Equipment shall be packaged or crated in a manner that will provide protection from damage during shipping, handling, and storage. The outside of the package or crate shall be adequately marked or tagged to indicate its contents by name and equipment number, if applicable; approximate weight; state any special precautions for handling; and indicate the recommended requirements for storage prior to installation. Packaging and Delivery of Spare Parts and Special Tools Properly mark to identify the associated equipment by name, equipment, and part number. Parts shall be packaged in a manner for protection against damage from the elements during shipping, 36 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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, Free On Board (FOB) job site. The Contractor shall request a 7 -day advance notice of shipment from manufacturers, and, upon receipt of such notice, provide the Engineer with a copy of the current delivery information concerning equipment items and material items of critical importance to the Project schedule. Receiving The Contractor shall unload and record the receipt of all equipment and materials at the jobsite. All costs for receiving, inspection, handling, storage, insurance, inventory control, and equipment maintenance for the Contractor -Supplied and City -Supplied materials and equipment shall be included in the prices Bid and no extra compensation will be allowed. Inspection Immediately upon receipt of equipment and materials at the jobsite, the Contractor shall inspect for completeness and any evidence of damage during shipment. City supplied equipment and material shall be inspected and inventoried together with City's Inspector. Should there appear to be any shortage or damage, the Project Manager or Consultant shall be immediately notified; and the Contractor shall be fully responsible for informing the manufacturers and the transportation company of the extent of the shortage or damage, If the item or items require replacing or supplying missing parts, the Contractor shall take the necessary measures to expedite the replacement or supply the missing parts. Handling Equipment and materials received for installation on the Project(s) shall be handled in accordance with the manufacturer's recommendations, and in a manner that will prevent damage. Storage Equipment and materials shall be stored prior to installation as recommended by the manufacturer. Generally, materials such as pipe shall be stored off the ground in approved storage yards. Items subject to damage by the elements, vandalism, or theft shall be stored in secure buildings. Items requiring environmental control for protection shall be provided with the necessary environmentally controlled storage facilities at no cost to the City. Insurance The Contractor's insurance shall adequately cover the value of materials delivered but not yet incorporated into the Work. Inventory Control Equipment and materials shall be stored in a manner to provide easy access for inspection and inventory control. The Contractor shall keep a running account of all materials in storage to facilitate inspection and to estimate progress payments for materials delivered but not installed in the Work. Equipment's Maintenance Prior to Acceptance by the City Provide the required or manufacturer's recommended maintenance during storage, during the installation, and until such time as the City accepts the equipment for full-time operation. 37 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Salvage Equipment Any salvageable pipe, fittings, or other miscellaneous material or equipment removed during construction and not reused in the Work shalt 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 Curtis Park New Swimming Pool Facility ITB No., 15-16-040 B-35806 38. Manufacturer's Instructions The Contractor shall: Comply with manufacturer's requirements for the handling, delivery and storage of all materials. Where required by the Contract Documents, Contractor shall submit manufacturer's printed instructions for delivery, storage, assembly, and installation. Comply with the manufacturer's applicable instructions and recommendations for the performance of the Work, to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents. 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. Confirm the 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 its 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. 39 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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. 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 Drawings 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 40 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 shall include, but not be limited to; job site file, record documents file, Subcontractor, suppliers, and other affected parties or entities that require the information. The Contractor shall also provide copies of all plans approved and permitted by the required governing authorities. The Contractor shall not be relieved of responsibility for errors or omissions in any and all submittals by the Project Manager's 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. 41 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is Contractor's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to Project Manager and/or Consultant along with its comments as to compliance, noncompliance, or features requiring special attention. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. The minimum size for Shop Drawings shall be 11" X 17". Each Shop Drawing shall be clear, thoroughly detailed and shall have listed on it all Contract Documents references, drawing number(s), specification section number(s) and the Shop Drawing numbers of related work. Shop Drawings must be complete in every detail, including location of the Work. Materials, gauges, methods of fastening and spacing of fastenings, connections with other work, cutting, fitting, drilling and any and all other necessary information per standard trade practices or as required for any specific purpose shall be shown. Where professional calculations and/or certification of performance criteria of materials, systems, and or equipment are required, the Project Manager and/or Consultant are entitled to rely upon the accuracy and completeness of such calculations and certifications submitted by the Contractor. Calculations, when required, shall be submitted in a neat clear and easy format to follow. Contractor shall keep one set of Shop Drawings marked with Project Manager's and/or Consultant's approval at the job site at all times. 43. Product Data Contractor shall submit four (4) copies of product data, warranty information and operating and maintenance manuals. Each copy must be marked to identify applicable products, models, options and other data. Contractor shall supplement manufacturer's standard data to provide information unique to the Work. Contractor shall only submit pages that are pertinent. Submittals shall be marked to identify pertinent products, with references to the specifications and the Contract Documents. Identify reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances. Contractor shall submit a draft of all product data, warranty information and operating and maintenance manuals at fifty percent (50%) completion of construction. 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, Request for Information (RFI's), 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 42 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 piping, conduit and utility services. Contractor shall certify the accuracy of the updated record documents. As a condition precedent to City's obligation to pay Contractor, the Contractor shall provide evidence, satisfactory to the Project Manager and the Consultant, that Contractor is fulfilling its obligation to continuously update the record documents. All buried items, outside the Project(s) site(s), shall be accurately located on the record documents as to depth and in relationship to not less than two (2) permanent features (e.g., interior or exterior wall faces). The record documents shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in red. The record documents shall be available to the City and the Consultant for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, the record documents shall be delivered to the Project Manager or Consultant by the Contractor. The Record Set of Drawing shall be submitted in both hard copy and as electronic plot files. 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 the Consultant after sufficient information is submitted by the Contractor to allow the City and the Consultant to determine that the material or equipment proposed is equivalent or 43 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 equal to that named. Requests for review of substitute items of material and equipment will not be accepted by the City or the Consultant from anyone other than Contractor. If the 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 Consultant to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Consultant shall be the same as those provided herein for substitute materials and equipment. The Consultant shall be allowed a reasonable time within which to evaluate each proposed substitute. The Consultant and the City shall be the sole judges of the acceptability of any substitute. No substitute shall be ordered, installed or utilized without the City's and the Consultant's prior written acceptance which shall be evidenced by either a Change Order or an approved submittal. The City and the Consultant may require the Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. If the 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 BFI's in writing. 44 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 forty-eight (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, 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. 45 Curtis Park New Swimming Pool Facility ITS No.: 15-16-040 B-35806 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. Chanae 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 Directives 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. Change Orders are intended for unforeseen events and conditions that could not be reasonably foresssen or Owner directed changes in the work which are not minor or incidental in nature. 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 94, Resolution of Disputes. During the pendency of the dispute, and upon receipt of a Change Order approved by City, Contractor shall promptly proceed with the change in the Work involved and advise the Project Manager, Consultant, and Director in writing within seven (7) calendar days of Contractor's agreement or disagreement with the method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. On approval of any Contract change increasing the Contract Price, Contractor shall ensure that the performance bond and payment bond (if applicable) are increased so that each reflects the total Contract Price as increased. Under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. The City reserves the right to order changes which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract and which are within the general scope of the Contract Documents. Any such changes will be known as Extra Work. No Extra Work shall be performed except pursuant to written orders of the Project Manager or Consultant expressly and unmistakably indicating his/her intention to treat the Work described therein as Extra Work. In the absence of such an order, the Project Manager or Consultant may direct, order or require the Contractor to perform any Work including that which the Contractor deems to be Extra Work. The Contractor shall nevertheless comply and shall promptly and in no event after, begin the performance thereof or incur cost attributable thereto and give written notice to the Project Manager stating why the Contractor deems such Work (hereinafter "Disputed Work") to be Extra Work. Said notice is for the purposes of (1) affording an opportunity to the Project Manager to cancel such order, direction or requirements promptly; (2) affording an opportunity to the 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. 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 46 Curtis Park New Swimming Pool Facility ITB No. 15-16-040 B-35806 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 the detailed Change Proposal Request Form which shall include requested revisions to the Contract, including but not limited to adjustments in this Contract Price and Contract Time. The Contractor is required to provide sufficient data in support of the cost proposal demonstrating its reasonableness. In furtherance of this obligation, the City may require that the Contractor submit any or all of the following: a cost breakdown of material costs, labor costs, labor rates by trade, and Work classification and overhead rates in support of Contractor's Change Proposal Request. The Contractor's Change Proposal Request must include any schedule revisions and an explanation of the cost and schedule impact of the Extra Work on the Project(s). If the Contractor fails to notify the Project Manager or Consultant of the schedule changes associated with the Extra Work, it will be deemed to be an acknowledgment by Contractor that the proposed Extra Work will not have any scheduling consequences. The Contractor agrees the Change Proposal Request will in no event include a combined profit and overhead rate in excess of ten percent (10%) of the direct labor and material costs, unless the Project Manager determines that the complexity and risk of the Extra Work is such that an additional factor is appropriate. The Change Proposal Request may be accepted or modified by negotiations between the Contractor and the City. If an agreement on the Extra Work is reached, both parties shall execute the Extra Work order in writing via a Change Order. The execution by the Contractor of the Change Order shall serve as a release of the City from all claims and liability to the Contractor relating to, or in connection with, the Extra Work, including any impact, and any prior acts, neglect or default of the City relating to the Extra Work. Upon execution of a change order that affects the Contract Time, the Contractor shall, within five (5) business days, submit a revised Project schedule reflecting the changes against the baseline schedule. 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 any Change Proposal Request Form or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: • Where the Work involved is covered by unit prices contained in the Contract, by application of unit prices to the quantities of items involved. • By mutual acceptance of a Contract unit price which Contractor and Project Manager acknowledge contains a component for overhead and profit. • On the basis of the "cost of Work," determined as provided in this, plus a Contractor's fee for overhead and profit which is determined as provided in this Article. • The term "cost of Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by the Project Manager, such costs shall be in amounts no higher than those prevailing in the locality of the Project, 47 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 Form 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. • The term, "Supplemental costs," shall include the following: • The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work except for local travel to and from the site of the Work. • Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and less market value of such items used but not consumed which remains the property of Contractor. • Sales, use, or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. • Deposits lost for causes other than Contractor's negligence; royalty payments and fees for permits and licenses. • The cost of utilities, fuel and sanitary facilities at the site. 48 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 • 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 Subcontractor performs the Work, Contractor's fee shall not exceed seven and one half percent (7.5%); and if a subcontract is on the basis of cost of the Work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and ■ No fee shall be payable for special consultants or supplemental costs. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, Contractor shall not be entitled to claim lost profits for any Work not performed. 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. 44 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 90, 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 ten percent (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 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 s0 Curtis Park New Swimming Pool Facility ITB No.: 15.16-040 B-35806 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 percent (5%) to cover the Contractor's superintendence, administration and other overhead expenses. Payment of any amount under this Article shall be subject to subsequent audit and approval, disapproval, modification or revision by representatives of the City. fig. 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 (2) 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: ■ 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. 51 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 a Florida Registered Surveyor and shown on the record drawings. The Project's as -built set of drawings shall Include GPS coordinates (X, Y, and Z) for all new and/or existing vacuum cleaned drainage system openings (i.e. catch basins, inlets, manholes, etc.) 61. Worker's Identification The Contractor's employees, who include any Subcontractor, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his removal from the Work until such time as the identification card is obtained and worn.. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 62. Removal of Unsatisfactory Personnel The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor shall respond to the City within seven (7) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City shall make the final determination as to the removal of unsatisfactory personnel from Work assigned by City. The Contractor agrees that the removal of any of its employees does not require the termination or demotion of employee(s). 63. Substantial Completion, Punch List & Final Completion The Work shall be substantially complete when the Project Manager, in the reasonable exercise of his/her discretion determines that the Work is complete and there are no material and/or substantial variations from the Contract Documents and the Work is fit for its intended purpose. Upon Substantial Completion, the Project Manager and the Contractor shall sign the Substantial Completion Inspection Form. The signing of this form shall not relieve the Contractor from its obligation to complete the Project. When the Contractor believes that the Work is substantially complete, the Contractor shall request in writing that the Project Manager or Consultant inspect the Work to determine if Substantial Completion has been achieved. No request for Substantial Completion inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy, Certificate of Completion or 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 52 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 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. NPDES Requirements 53 Curtis Park New Swimming Pool Facility ITB No.. 15.16-040 B-35806 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.del).state.fl.us/water/stormwater/npdesl. Contractor is responsible for obtaining, completing and paying for any required NPDES application or permits that may be required. 66. Force Maieure Should any failure to perform on the part of Contractor be due to a condition of force majeure as that term is interpreted under Florida law, 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 Subcontractors. 67. Extension of Time Any reference in this section to the Contractor shall be deemed to include suppliers, and permitted Subcontractors, whether or not in privity of contract with the Contractor for the purpose of this article. If the Contractor is delayed at any time during the progress of the Work beyond the Contract Time and/or Notice to Proceed (NTP) by the neglect or failure of the City or by a Force Majeure, then the Contract Time set forth in the Contract shall be extended by the City subject to the following conditions: • The cause of the delay arises after issuance of the NTP and could not have been anticipated by the Contractor by reasonable investigation before proceeding with the Work; • The Contractor demonstrates that the completion of the Work will be actually and necessarily delayed; 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, 54 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35$06 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 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 (2) 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. 55 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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. In this regard, the Contractor alone hereby specifically assumes the risk of such delays, including without limitation: delays in processing or approving Shop Drawings, samples or other submittals or the failure to render determinations, approvals, replies, inspections or tests of the Work, in a timely manner. Contractor shall not receive monetary compensation for City delay. Time extensions may be authorized, in writing, by the City in certain situations. 71. Excusable Delay, Non -Compensable Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors and by the City or Consultant. Then Contractor shall be entitled only to a time extension and no compensation for the delay. Contractor is entitled to a time extension of the Contract time for each day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 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. 56 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Project Manager or Consultant, City shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor, or may be charged against the Performance Bond. In the event of failure of Contractor to make all necessary repairs promptly and fully, City may declare Contractor in default. If, within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from City, shall promptly correct such defective or nonconforming Work within the time specified by City without cost to City, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered, or obligate City to final acceptance. 74. Acceptance of Defective or Non -Conforming Work The City, in its sole discretion, may elect in writing to accept defective or non -conforming Work instead of requiring its removal and correction. In such instances, a Change Order will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is determined after final payment, any difference in the amount shall be paid to the City by the Contractor. 75, Uncovering Finished Work The Project Manager's, Inspector's and/or Consultant's right to make inspections shall include the right to order the Contractor to uncover or take down portions of finished Work. The Project Manager and/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 57 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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), Florida Department of Transportation (FDOT) Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. Maintenance of Traffic (MOT) The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Manual of Uniform Traffic Control Devices (MUTCD), and/or the 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. 58 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 • 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), forty-eight (48) hours prior to any excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Miami Dade County Signs and Signal Division (Phone No. 305-592-3470). • Where applicable, the Contractor shall notify the Traffic Division twenty-four (24) hours in advance of the construction date or forty-eight (48) hours in advance of construction within any signalized intersection. • Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. • Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. Maintenance of Traffic for Bypass Purnpincl • 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 (2) weeks prior to planned construction, with a minimum forty-eight (48) hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one (1) day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7am to gam and 4pm to 6pm weekdays. 78. Location and Damage to Existing Facilities, Equipment or Utilities As far as possible, all existing utility lines in the Project(s) area(s) will be shown on the plans. However, City does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the Contractor's responsibility to field verify all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the Contractor because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 59 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 The Contractor shall notify each utility company involved at least fourteen (14) calendar days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the Contractor shall be paid by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the Contractor for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. The Contractor shall schedule the Work in such a manner that the Work is not delayed by the utility providers relocating or supporting their utilities. The Contractor shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the Contractor for any loss of time or delay. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. 79. Stop Work Order The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Work for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a "Stop Work Order" issued pursuant to this paragraph. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either: Cancel the Stop Work Order; or Terminate the Work covered by such order as provided in Article 87, Termination for Convenience. [f 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. 60 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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. 61 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 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 priorto a time mutually agreed upon by City and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 82. Cleaning Up; City's Right to Clean Up Contractor shall at all times keep the property free from accumulation of waste materials or rubbish caused by its operations. No fill or clearing stockpiles to remain on site for more than twenty-four (24) hours. At the completion of a Project(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. 62 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 orwithhold from any payment due the Contractor, such sums as may be specifically allowed in the Contract or by applicable law including, without limitation, the following: Any amount of any claim by a third party; Any Liquidated Damages; and/or Any unpaid legally enforceable debt owed by the Contractor to the City. The City shall notify the Contractor in writing of any such withholdings. Any withholding, which is ultimately held to have been wrongful, shall be paid to the Contractor in accordance with the Local Government Prompt Payment Act. 85. Event of Default An event of default shall mean a breach of the Contract or by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include but not limited to, the following: • The Contractor has not performed the Work in a timely manner; • The Contractor has refused or failed, except in case for which an extension of time is provided, to supply properly skilled staff or provided sufficient quantities of staff to perform the Work; • The Contractor has failed to make prompt payment to Subcontractors or suppliers for any services or materials they have provided; • The Contractor has become insolvent or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; • The Contractor has failed to obtain the approval of the City where required by the Contract; • The Contractor has failed in the representation of any warranties stated herein; • When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Work, the City shall notify the Contractor in writing that it must, within the time frame set forth in the City's request, provide adequate assurances and a plan of action to the City, in writing, of the Contractor's ability to perform in accordance with the terms of the Contract Documents. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: o Treat such failure as a repudiation of the Contract and/or; © 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. 63 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Where the City erroneously terminates the Contract or for default, the terminations shall be converted to a Termination for Convenience, and the Contractor shall have no further recourse of any nature for wrongful termination. 86. Notice of Default -Opportunity to Cure In the event that the City determines that the Contractor is in default of their obligations under the Contract, the City may at its sole discretion notify the Contractor, specifying the basis for such default, and advising the Contractor that such default must be cured within a specified time frame or the Contract with the City may be terminated. The City is under no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City's rights hereunder. The City, at its sole discretion, may have a default corrected by its own forces or another contractor and any such costs incurred will be deducted from any sums due the Contractor under any contract with the City. 87. Termination for Default If Contractor fails to comply with any term or condition of the Contract Documents, or fails to perform any of its obligations hereunder, then Contractor shall be in default. Upon the occurrence of a default hereunder which is not cured within the time specified to cure the default if one has been granted by the City, the Director in addition to all remedies available to it by law, may immediately, upon written notice to Contractor, terminate this Contract whereupon any advances for which Work has not been performed, paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The Director may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. Contractor understands and agrees that termination of this Contract under this Article shall not release Contractor from any obligation accruing prior to the effective date of termination. A finding of default and subsequent termination for cause may include, without limitation, any of the following: Contractor fails to obtain the insurance or bonding herein required by the Contract. Contractor fails to comply with any of its duties under the Contract Documents, with any terms or conditions set forth in this Contract, beyond any specified period allowed to cure such default. Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by the Contract. If this Contract is terminated for default and the City has satisfied its obligations under the Contract Documents the City is granted by the Contractor full use of the Work and any Work Product in connection with the City's completion and occupancy of the Project. Where it has been determined that the Contractor has been erroneously terminated under this Article, such termination shall be deemed to have been occurred under Article 87, Termination for Convenience. The City in its sole discretion may terminate the Contract without providing the Contractor a written notice to cure. 88. Remedies in the Event of Termination for Default If a Termination for Default occurs, the Contractor and the bond provider, if applicable) shall be notified of the effective date of the termination and shall be liable for all damages resulting from the default, including but not limited to re -procurement costs and other direct damages The Contractor shall stop Work as of the date of notification of the termination and immediately remove all labor, equipment and materials (not owned or paid for by the City) from the Work Site. The City assumes no liability for the Contractor's failure to remove such items from the Project(s) site(s) as required. 64 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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; • 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 65 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Upon the City's payment in full of the amounts due under this Article, the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. 90. Resolution of Disputes Contractor understands and agrees that all disputes between the Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Contractor to notify the Project Manager in writing of the claim or dispute and submit a copy to the City of Miami personnel identified in Section 2, Article 4, Notices. Should the Contractor and the Project Manager fail to resolve the dispute, the Contractor shall submit their dispute in writing, with all supporting documentation, to the Assistant Director of the OCI, as identified in Section 2, Article 4, Notices. Upon receipt of said notification, the Assistant Director of OCI shall review the issues relative to the claim or dispute and issue a written finding. Should the Contractor and the Assistant Director of the OCI fail to resolve the dispute, the Contractor shall submit their dispute in writing within five (5) calendar days to the Director of the OCI. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Upon receipt of said notification, the Director of the OCI shall review the issues relative to the claim or dispute and Issue a written finding. Contractor must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Contractor. Appeal to the City Manager for his/her resolution, is required prior to Contractor being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed one -hundred thousand dollars ($100,000.00), 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 applicably;, 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 ninety (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 instruments) 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. 66 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 91. Mediation -Waiver of JuryTrial 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 50150 basis. The Contractor agrees to include such similar contract provisions with all Subcontractors 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 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 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. 67 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 Subcontractor doing business anywhere in the City, 95. Independent Contractor The Contractor Is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker's compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. The Contractor's staff shall not be employees of the City, and the Contractor alone shall be responsible for their Work, the direction thereof, and their compensation and benefits of any kind. Nothing in the Contract shall impose any liability or duty on the City on account of the Contractor's acts, omissions, liabilities or obligations of those of any person, firm, company, agency association, corporation, or organization engaged by the Contractor as a Subcontractor, expert, consultant, independent contractors, specialist, trainee, employee, servant or agent or for taxes of any nature, including, but not limited to: unemployment insurance; worker's compensation and anti -discrimination, or workplace legislation of any kind. The Contractor hereby agrees to 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. 68 Curtis Park New Swimming Pool Facility ITB No., 15-16.040 B-35806 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. SeverabilitV In the event 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 or any action arising out of this Contract, 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, Equal Employment Opportunity, and Americans with Disabilities Act Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding 69 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor's decisions regarding the delivery of services under the Contract Documents shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 104. Evaluation Contractor acknowledges that upon completion of the Work under the Contract Documents and/or at any other time deemed appropriate by the City, a performance evaluation report will be completed by the City. A copy of each performance evaluation shall also be forwarded to the Contractor. The performance evaluations will be kept in City files for evaluation on future solicitations. 105. Commodities manufactured, grown or produced in the City of Miami, Miami -Dade County and the State of Florida Whenever two (2) 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. Review of Records City shall have the right to inspect and copy, at City's expense, the books and records and accounts of Contractor which relate in any way to the Project(s), and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to a Project(s) and to any claim for additional compensation made by Contractor including but not limited to all payroll records, invoices for materials, and books of accounts. Such records shall conform to Generally Accepted Accounting Principles requirements (GAAP), and shall only address those transactions related to the Contract. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project(s) and to any claim for a period of five (5) years following Final Completion of the Project(s). 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 70 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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; (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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416 - 1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE, 9TH FLOOR, MIAMI, FLORIDA 33130. 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 71 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 the General Terms and Conditions §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 the General Terms and Conditions §1 which is not 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 72 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 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. 1201. 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 shall 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. 7', Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 ction 3 - Suoolemental Terms and Conditions 1. Contract Time & Hours The Contractor shall furnish all labor, materials, equipment, tools, services, and incidentals to complete all Work at a rate of progress that will ensure completion of the Work within the Contract Time. Contractor shall have three hundred (300) calendar days to achieve Substantial Completion from the date that the Notice to Proceed is issued. Contractor shall have an additional thirty (30) calendar days to achieve Final Completion of the Project. Work shall be performed Monday through Friday from 8:00 am to 6:00pm. Any Work to be performed outside of these times must be requested in writing to the Project Manager forty-eight (48) hours prior to the requested change. The Project Manager will notify the Contractor in writing of any changes in approved Work hours. 2. Progress Payments Mobilization Partial Payments: When the proposal includes a separate pay item for Mobilization and the Notice to Proceed has been issued, partial payments will be made in accordance with the following: For contracts of one hundred twenty (120) calendar days duration or less, partial payment will be made at fifty percent (50%) of the bid price per month for the first two (2) months. For contracts in excess of one hundred twenty (120) calendar days duration, partial payment will be made at twenty-five percent (25%) of the bid price per month for the first four (4) months. In no event shall more than fifty percent (50%) of the bid price be paid prior to commencing construction on the project site. Total partial payments for Mobilization on any project, including when more than one (1) project or job is included in the Contract, will be limited to ten percent (10%) of the original Contract amount for that project. Any remaining amount will be paid upon completion of all work on the Contract. Retainage will be applied to all partial payments. Partial payments made on Mobilization will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. Contractor may make application for payment for Work completed during the Project(s) at intervals of not more than once a month or upon completion and Final Acceptance of the Work. Contractor will be paid based on the line item breakdown, contained in the Contractor's 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 (1) month or a Schedule of Values is not required, the Contractor shall submit the appropriate documentation as defined below. Supporting evidence to be included with any application for payment shall include, but is not limited to, an updated progress schedule as required by Section 3, Article 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 74 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 for approval. City shall make payment to Contractor within thirty (30) days after approval of Contractor's application for payment. Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Acceptance by the City. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand-alone document. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: ■ Defective Work not remedied. ■ Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. ■ Failure of Contractor to make payments properly to 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 Projects 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 Project Manager, as accepted by the City. Contractor may be paid for materials or equipment purchased and stored at the Project(s) Site(s) or another location. Where a payment request is made for materials or equipment not incorporated in the Project(s), but delivered and suitably stored at the site or at some other location agreed upon in writing, the written documentation must be submitted at the time of request for payment. Payment shall be conditioned upon submission by the Contractor of paid invoices and an executed Material Purchased/Stored On -Premises form to establish the City's title to such materials or equipment, or otherwise protect the City's interest, including applicable insurance in the name of City and transportation to the site. Contractor retains sole liability to replace such stored materials or equipment as a result of damage or loss for any reason. 3. Liquidated Damages The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract Documents or any approved extension of time, or the Contractor shall pay to the City liquidated damages as follows. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Substantial Completion, the Contractor shall pay to the City for each and every calendar day of unexcused delay, the sum of One Thousand Seven Hundred Forty -Two dollars ($1,742.00) per calendar day, which is hereby agreed upon not as a penalty but as liquidated damages. In the event of a delay in completion beyond the timeframe set forth in the Contract Documents for Final Completion, the Contractor shall pay to the City for each and every calendar day of unexcused delay, the additional sum Eight Hundred Seventy -One dollars ($871.00) 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. 75 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 (3) 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 five percent (5% ) of the value of the Contract. The approved schedule of values shall be updated through the submittal of the City's Contractor Payment Application Form. 5. Project Schedules Contractor shall submit a proposed Project Schedule as follows: ■ Schedule identifying all tasks within the critical path. The proposed Project schedule shall be submitted within ten (10) calendar days of the Notice of Award and such submittal shall be subject to the Project Manager and Consultant's review. Subsequent to such review of said schedule the Contractor shall establish said schedule as the baseline schedule. • All updates of schedules shall be tracked against the baseline schedule and shall be at a minimum submitted with each pay application. An updated schedule against the baseline shall also be submitted upon execution of each change order that impacts the Contract Documents Time for completion. Failure to submit such schedules shall result in the rejection of any submitted payment application. ■ All Project Schedules shall be prepared in Microsoft Project 2003 or later unless otherwise approved by the Project Manager. At the time of submission of schedules Contractor shall submit a hard copy as well as an electronic version. Such electronic version shall not be submitted in a .pdf format and shall be capable of being incorporated in to the City's baseline schedules. ■ Subsequent to review of the initial schedule submission, the Contractor shall establish the reviewed schedule as the "baseline schedule". Contractor shall then prepare and submit all updates to the schedules utilizing the tracking mode within Microsoft Project. 6. Release of Liens/Subcontractor's Statement of Satisfaction The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, whether incorporated in the Project(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 76 Curtis Park New Swimming pool Facility ITB No.: 15-16-040 B-35806 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 Consultant, to provide for the timely completion of the Work. Contractor shall arrange and conduct regular bi-weekly job site Project status meetings with the Project Manager and/or Consultant. Contractor shall use the job site meetings as a tool for the pre -planning of Work and enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all parties to clearly understand. During these meetings, Contractor shall identify the party or parties responsible for following up on any problems, delay items or questions, and Contractor shall note the action to be taken by such party or parties, Contractor shall revisit each pending item at each subsequent meeting until resolution is achieved. Contractor shall attempt to obtain from all present any potential problems or delaying event known to them for appropriate attention and resolution. Contractor shall be responsible for keeping minutes of the meeting and distribution of the minutes to all parties in attendance. The Contractor shall arrange for the participation of its 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. a. Request for Information The Contractor shall submit a Request for Information (RFI) where the Contractor believes that the Contract Document's specifications or drawings are unclear or conflict. All requests must be submitted in a manner that clearly identifies the drawing and/or specification section where clarification or interpretation is being requested. As part of the RFI, Contractor shall include its recommendation for resolution. The Consultant and City's Project Manager shall respond in writing. 9. Proiect 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). 77 Curtis Park New Swimming Pool Facility ITB No„ 15-16-040 B-35806 Contractor's, Subcontractor's, supplier's, material persons personnel shall not use the City restrooms that may be available at the Project(s) site without the prior consent of the manager of the facility or the Project Manager where there is no manager of a facility. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of the Building Code and regulations of the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. The Contractor, his employees or his Subcontractors shall commit no public nuisance or use any facilities that have not been specifically provided for use by the Contractor. The Contractor shall furnish an adequate supply of drinking water for its and its Subcontractors' employees. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the 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. 10. Inspection of Work Contractor shall notify the Project Manager and Consultant at least forty-eight (48) hours prior to commencing Work on the following: • Storm Drain • Subgrade — submit and have approved densities prior to placement of rock • Limerock Base — submit and have approved densities 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 shall be four feet (4') wide and eight feet (8') high and constructed of pressure sensitive two (2) mil cast vinyl overmounted with three mil (3) mylar and mounted to one (1) MD© with painted back. The sign shall be mounted on four (4) inch square wood or perforated "U" channel metal posts painted white, and be readable at eye level. The colors 78 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 four feet (4') wide by eight feet (8') high by'/ 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 one (1) 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. 15. Geotechnical Testinq — Intentionally Omitted 16. Field Layout of the Work and Record Drawings for Drainage Projects The Contractor through the services of a State of Florida Registered Professional Surveyor and Mapper (P.S.M.), shall establish the line and benchmarks and other reference points for the installation of the pipeline or structure For pipelines, this will consist of establishing all points of bend (but not necessarily bevel pipe unless in close proximity to other facilities), valves, tees, crosses and other stations not more than 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 79 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 one (1) length on both sides plus the face end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. • Maintain records of all pipeline Project and on-site Project deviations from Drawings and Specifications by a Florida Registered Professional Surveyor and Mapper (P.S.M.). • For Pipe Installation In All Pipeline Projects and On-site Projects: During entire construction 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 four mil (4) 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. 80 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 17. Survey Work for Drainage Projects The Contractor shall retain or employ a FRLS to lay out all storm sewer construction and provide final measurements. At the Project pre -construction meeting, to be attended by the Contractor's FRLS, the Contractor will be provided a packet of information, from the City, showing the format to be utilized, The Contractor is advised that the survey work, including required final measurements, shall be according to City Standards and are an integral part of the Project. The Project shall not be considered complete until the final measurements are approved by the City. 18. E -Verify - Mandatory Use Contractor shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 81 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (Page 1 of 11) Section 4 - Bid Form Submitted: City of Miami, Florida Office of the City Clerk City Hall, 15' Floor 3500 Pan American Drive Miami, Florida 33133-5504 Date The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project(s) entitled: Bid No: 15-16-040 Title: CURTIS PARK NEW SWIMMING POOL FACILITY, B-35806 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. Note: When applicable, Bidders are bidding on estimated quantities for the purpose of determining the lowest responsive and responsible Bidder. Payments will be made based on unit prices of actual quantities installed. Where a discrepancy exists between the unit price and the extended price the unit price will prevail. Where there is a discrepancy between the numerical and written Total Bid Construction 82 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (Page 2 of 11) Cost, the written Total Bid Construction Cost will prevail. City Form SU must be submitted with your bid. The SU Form can be found posted on the webpage with the bid documents. The Bidder's Total Bid Construction Cost 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. Bid Item A: Demolition of Existina Swimmina Pool Facilit Furnish all labor, materials and equipment for the demolition of the existing swimming pool facility, as indicated in the construction drawings prepared by SCS Engineers, Inc., dated August 2016, and other related technical documents. Bid Item A - Lump Sum: Bid Item B: Civil Site Work and Site Remediation Furnish all labor, materials and equipment for the construction of pedestrian sidewalks and walkways, crosswalk, site drainage system, modifications to the existing parking lot, connections to existing utilities, removal, disposal and containment of contaminated soil, grading, etc., as indicated in the construction drawings prepared by SCS Engineers, Inc., dated August 2016, and other related technical documents. Bid Item B - Lump Sum: Bid Item C: New Swimming Pool Facility Furnish all labor, materials and equipment for the construction of a new swimming pool facility, as indicated in the bid set prepared by Gili-McGraw Architects, L.L.C., dated August 1, 2016, and other related technical documents. Owner Allowance: Bid Item C - Lump Sum: Allowance for permit fees $40,000.00 TOTAL ,BID CONSTRUCTION COST (Bid item A + Bid Item B + Bid Item C + Owner Allowance): $ WRITTEN TOTAL RIO CONSTRUCTION COST (Bid Item A + Bid Item 8 + Bid Item C + Owner Allowance): Written► Total Bid Construction Cost 83 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (Page 3 of 11) CLASS I LANDFILL TO BE USED FOR CONTAMINATED MEDIA: Curtis Park New Swimming Pool Facility, B-35806 Line Pay Item No. Pay Item Description No. Unit Quantity Unit Cost Cost 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 1D 10 TOTAL 84 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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); 85 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 umw••• • 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 Fbrm-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. 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 86 Curtis Park New Swimming Pool Facility ITB No.: 15.16-040 B-35806 BID FORM (Page 6 of 11) 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, 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 (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. 87 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (Page 7 of 11) (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. 5. Local Workforce Participation Requirements The Bidder certifies to the best of its knowledge and belief, that it and its principals: (a) Have read and understood the provisions of City of Miami Ordinance 13332, codified as Section 18-89 of the City Code pertaining to the local workforce participation requirements on a quarterly basis; (b) Have identified in City Form Subcontractor Utilization ("SU") a third party independent who verifies and is properly licensed under the provisions of F.S. 454,471,473, or 481 and who is not with the contractor; and (c) The selected third party, who independently verifies compliance with this section, must have a minimum of two (2) years of experience as required in Ordinance No. 13332, codified as Section 18-89 of the City Code; Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of Section 553.60, et. seq., Florida Statutes, the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and Subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. 88 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (Page 8 of 11) 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 hereby acknowledges and affirms to the contents of this Bid Form and its' response(s) thereto including without limitations Part I through IV have been, read, understood, and agree to by signing and completing the spaces provided below. Bidder's Name: Signature: Printed Name/Title: City/State/Zip: Telephone No.: Facsimile No.: Social Security No. or Federal I.D.No.: E -Mail Address: Dun and Bradstreet No.: (if applicable) If a partnership, names and addresses of partners: 89 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID FORM (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. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bid documents on behalf of the joint venture. If there is no joint venture agreement each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). 90 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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: 91 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 1 did not) take an oath. 9? Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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: CURTIS PARK NEW SWIMMING POOL FACILITY PROJECT NO.: B-35806 NOW THEREFORE: (a) If the Principal shall not withdraw said Bid within one hundred eighty (180) 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. 93 Curtis Park New Swimming Pool Facility ITB No,: 15-16-040 B-35806 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this day of 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 94 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL I, , 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 a Power of Attorney, in compliance with Instructions to Bidders Notary Public, State of Florida at Large My Commission Expires: 95 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35606 SUPPLEMENT TO BID FORM: QUESTIONNAIRE This completed form Must be submitted with the Bid. The City may, at its sole discretion, require that the Bidder submit additional information not included in the submitted form. Such information must be submitted within seven (7) calendar days of the City's request. Failure to submit the form or additional information upon request by the City shall result in the rejection of the Bid as non-responsive. Additional pages may be used following the same format and numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information 1. How many years has the Bidder been in business under its current name and ownership? a. Professional Licenses/Certifications (include name and number)` Issuance Date (*include active certifications of community small business enterprise & name of Certifying entity) b. Date Bidder licensed by Dept. of Professional Regulation: c. Qualified Business License: ❑ Yes❑ No If Yes, Date Issued: d. What is the Bidder's primary business? (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) e. Name of Qualifier, license number, and relationship to the Bidder: f. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to the Bidder and years as qualifier for the Bidder: 2. Name and Licenses of any prior companies: Name of Company License No. Issuance Date 3. Type of Business Entity: ❑Corporation ❑"S" Corporation ❑LLC❑Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) 4. Business Entity Ownership a. Identify all owners of the Business Entity: 96 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Name Title % of ownership b. Is any owner identified above an owner in another company? ❑ Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership c. Identify all individuals authorized to sign for the Business Entity, indicating the level of their authority (check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 CTRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information Total No. of Employees: Number of Managerial/Admin. Employees: Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) How many employees are working under H2B visas? 6. Has any owner or employee of the Bidder been convicted of a federal offense or moral turpitude? If yes, please explain: 97 Curtis Park New Swimming Pool Facility ITIS No.: 15-16-040 B-35806 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 five (5) years & value: 8. Have any claims lawsuits been filed against the Bidder in the past five (5) years, If yes, identify all where the Bidder has either settled 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. The Bidder or any officers of the Bidder currently under investigation by any law enforcement agency or public entity? If yes, provide details: 10. Has the Bidder been assessed liquidated damages or defaulted on a project in the past five (5) years? Yes ❑ No ❑ (If yes, provide an attachment that provides an explanation of the project and an explanation. 11. Has the Bidder been cited for any OSHA violations in the past five (5) years? If yes, please provide an attachment including all details on each citation, 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by the Bidder. B. Project Management & Subcontract Details 1. Project Manager for this Project: a. Name: b. Years with Bidder: 98 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 c Licenses/Certifications: d. Last 3 projects with the Bidder 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 the Bidder and the corresponding percentage of the work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non - construction work items) 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 complexity: Provide an attachment to this Questionnaire that includes Completed Projects the Bidder 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. Information provided must include the owner's name, address and contact person, including telephone and e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, including, but not limited to; design -build, CM@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or initial and actual timeframe, provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder's References 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 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 SUPPLEMENT TO BID FORM CUSTOMER REFERENCE LISTING (Page 1 of 1) Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Bidder 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. 100 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 CEO at fflialni Daniel J. Alfonso '= City Manager To Whom It May Concern Subject: Reference Letter Name of Bidder: The above referenced Bidder is responding to a Bid that has been issued by the City of Miami. The City requires that the Bidder provide written references with their Bid submission. By providing you with this document, the Bidder is requesting that you provide the following reference information. The City would appreciate you providing the information requested below, as well as any other information you feel is pertinent: Name of Referenced Project: Scope of Referenced Work: Did the Scope involve the construction, installation, repair and/or replacement of a stormwater pump station? ❑ Yes ❑ No Value of Project: $ Date Completed: Percentage of physical construction work self -performed by Bidder: % Was project completed on time & within budget: ❑ Yes ❑ No If no, was the Bidder at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Name of Project Owner: Signature of Project Owner's Representative: Title: Telephone: Sincerely, Annie Perez, CPPD, Director Procurement Department E-mail: Date: 101 Curtis Park New swimming Pool Facility ITB No.: 15-16-040 B-35806 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 AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI AS DEFINED BY CITY CODE SECTION 18-73. Legal Name of Firm: Entity Type: (Check One) [] Partnership ❑ Sole Proprietorship ❑ Corporation Corporation Document No: Date Established Occupational License No: Date of Issuance Office Location (Establishment of the bidder/Bidder): 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 by the chief procurement 102 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 2 of 3) 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 bona fide local 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 the Bidder has not been established with the sole purpose of obtaining the advantage granted bona fide local Bidders by this section. Authorize Signature Authorized Signature Print Name Title Print Name Title Authorized Signature Authorized Signature SUPPLEMENT TO BID FORM: 103 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 NOTARY PUBLIC: My Commission Expires: as identification. Please submit with your Bid Form copies of Occupational License, City of Miami and Miami Dade County Business Licenses, professional andlor 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 Bidder's office. 104 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 CERTIFICATE OF COMPLIANCE WITH SECTIONS 18-87, 18-89, 18-120 OF THE CITY CODE I, hereby certify that: i} I am the (President/Secretary or Principal) of (Bidder); ii) I have read Sections 18-87,18-89 and 18-120 of the City of Miami Procurement Code; a. (Bidder) hereby acknowledges that the awarded contract has an on-site labor component greater than or equal to twenty-five percent (25%), and therefore agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Community Small Business Enterprise ("CSBE"); OR b. (Bidder) hereby is certified by Miami -Dade County as a CSBE firm and will self -perform to meetthe minimum fifteen percent (15%) CSBE requirement. An active copy of the respondent's CSBE certification must be included in the bid document. iii) (Bidder) hereby agrees to comply with the Local Workforce Participation Requirements stated in Section 18-89 of the City of Miami Procurement Code. iv) (Bidder) hereby agrees to comply with the Responsible Wages and Benefits on Construction Contracts Requirements stated in Section 18-120 of the City of Miami Procurement Code. OPTIONAL: V) (Bidder) hereby agrees to make assignments pursuant to Item ii), 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 Sections 18-87, 18-89 and 18-120 of the City of Miami Procurement Code on behalf of Bidder named therein in favor of the City. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by 105 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 THIS FORM MUST BE COMPLETED BY BIDDERSIPROPOSERS FOR PROJECTS WITH CSBE REQUIREMENTS SCHEDULE OF INTENT AFFIDAVIT (SOI) COMMUNITY SMALL BUSINESS ENTERPRISE PROGRAM ("CSBE" Name of Bidder/Proposer: Address: Project Name: Contract Dollar Amount: Contact Person: Phone No.: Project Number: 15%4 CSBE Dollar Amou Name of Prime Certification Certification Type of CSBE work to be Bidder's self Total Dollar ($) Amount of Bidder/Proposer No. (if Expiration Date performed by the Bidder (if performance Bidder's self performance applicable) (if applicable) applicable) percentage (%) of Contract Value The undersigned intends to perform the following work in connection with the above contract: Name of Subcontractor Certification No. Certification Expiration Date Type of CSBE work to be performed by the Subcontractor Subcontractor Total Dollar ($) Amount of percentage (%) Subcontractor's CSBE of Contract Value requirement I certify that the representations contained in this farm 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 Subcontractor(s) if awarded this contract. Copies of the agreement(s) will be immediately made available to the City of Miami as required. Bidder Signature Date Bidder 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. Subcontractor Signature Date Subcontractor Print Name Title 106 Curtis 'Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 REQUIRED SUBMISSION WITH YOUR BID LOCAL WORKFORCE PARTICIPATION BID QUESTION: List all contracts the Bidder has performed for the City of Miami for the past three (3) years which included Local Workforce Participation Requirements. The City will review all contracts the Bidder has performed for the City for the past three (3) years in accordance with Section 18-89 of the City Code, which requires that "the City shall consider the Bidder's adherence to the City's Local Workforce Participation Requirements within the past three (3) years in making any future contract awards. The solicitation documents will include the Bidder's past compliance with these requirements of the City." As such, the Bidder must list and describe all work performed for the City of Miami for the past three (3) years. Please provide factually detailed responses for each project that address each of the important items below. (i) contract number, name and brief description of work; (ii) total dollar value of the contract; (iii) dates covering the term of the contract; (Iv) percentage of Local Workforce Participation Requirements met by the Bidder; (v) breakdown of local workforce used to meet the requirements (number of persons broken down by trade and category); (vi) if the Bidder was unable to meet the Local Workforce Participation Requirements, explain the reasons why, and what efforts, if any, were utilized by the Bidder to attempt to meet these requirements; (vii) if the project was over one million dollars ($1,000,000), did the Bidder hold a job fair(s), if yes, provide the date and location of the job fair(s), number of attendees, (viii) was a third party hired to verify and certify compliance with the Local Workforce Requirements, if yes were all requirements met, what was the third party's name and provide their current contact information; (ix) was the five percent (5%) retainage fee released to the Bidder by the City upon project completion, and (x) If the Bidder did not meet the goals, did you seek a waiver of the program requirements from any City officials? Please explain in detail. 107 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 Section 6- Contract Execution Form THIS Contract #16-3122 made this _ day of in the year 2017 in the amount of $3,282,119.50 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and WEST CONSTRUCTION, INC., hereinafter called the "Contractor". IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST Signature WEST CONSTRUCTION, INC.., a Florida corporation Signature Print Name, Title Print Name, Title of Authorized Officer or Official ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management Department 108 Curtis Park New Swimming Pool Facility B-35806 (Corporate Seal) City of Miami, a municipal corporation of the State of Florida Daniel J. Alfonso, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney ITB No.: 15-16-040 CORPORATE RESOLUTION WHEREAS, Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the (type title of officer) is hereby authorized (type name of officer) and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of 20 Corporate Secretary (Corporate Seal) 109 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We hereinafter called Contractor, and , as Principal, as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ 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: 15-16-040, awarded the day of , 2l7 , 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 110 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 FORM OF PERFORMANCE BOND (Page 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding„ including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES: (Name of Corporation) Secretary By: (Signature) (CORPORATE SEAL) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: Curtis Park New Swimming Pool Facility B-35806 By: Agent and Attorney -in -Fact Address: (Street) (City/State/Zip Code) Telephone No.: 111 ITB No.: 15-16.040 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. 15-16- 040, 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 underthe 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. 11? Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of 20 Contractor ATTEST: (Name of Corporation) By: (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.: 113 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 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 day of , 20 My commission expires: Notary Public, State of Florida at Large Bonded by 114 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 PERFORMANCE AND PAYMENT GUARANTY FORM AND UNCONDITIONALIIRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Beneficiary: City of Miami 444 S.W. 2" 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) 115 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 PERFORMANCE AND PAYMENT GUARANTY FORM AND UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Bank name) dated (Number), of 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 116 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806 FORM A - INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY If the Bidder is submitting as a joint venture, please be advised that this form (2 pages) MUST be completed and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of joint venture: 2. Address of joint venture: 3. Phone number of joint venture: 4. Identify the firms that comprise the joint venture: 5. Describe the role of the MBE firm (if applicable) in the joint venture: 6. Provide a copy of the joint venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: (c) Supervision of field operations: 117 Curtis Park New Swimming Pool Facility ITS No.: 15-16-040 B-35806 NOTE: If, after filing this form and before the completion of the joint venture's work on the subject Contract, there is any significant change in the information submitted, the joint venture must inform the City in writing. 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 City current, complete and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venturers relevant to the joint venture, by authorized representatives of the City. Any material misrepresentation will be grounds for terminating any Contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Bidder: Signature: Name: Title: Date: Name of Bidder: Signature: Name: Title: Date: 118 Curtis Park New Swimming Pool Facility ITB No.: 15-16-040 B-35806