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Reso 2024-3732
RESOLUTION NO. 2024 - 393 Z - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 24-07-02 TO, AND APPROVING AN AGREEMENT WITH, MBR CONSTRUCTION TO PROVIDE CONSTRUCTION SERVICES FOR THE INTRACOASTAL SPORTS PARK, IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED SEVENTEEN THOUSAND FIVE HUNDRED THIRTY-NINE DOLLARS AND FOUR CENTS ($3,517,539.04), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a contractor to provide construction services for the Intracoastal Sports Park (the "Services"); and WHEREAS, on July 25, 2024, the City issued Invitation to Bid No. 24-07-02, titled Construction of Intracoastal Sports Park, and received nine (9) submissions for interested bidders; and WHEREAS, upon careful review and consideration, MBR Construction, Inc. (the "Contractor") was determined to be the lowest responsive and responsible bidder; and WHEREAS, the Contractor is a certified and insured entity with the necessary experience to provide the desired Services; and WHEREAS, the City Commission wishes to approve an Agreement with the Contractor to provide the desired Services, in an amount not to exceed Three Million Five Hundred Seventeen Thousand Five Hundred Thirty -Nine Dollars and Four Cents ($3,517,539.04), which includes a contingency in the amount of Three Hundred Nineteen Thousand Seven Hundred Seventy -Six Dollars and Twenty -Eight Cents ($319,776.28), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with MBR Construction to provide construction services for the Intracoastal Sports Park, in an amount not to exceed Three Million Five Hundred Seventeen Thousand Five Hundred Thirty - Nine Dollars and Four Cents ($3,517,539.04), which includes a contingency in the amount of Three Hundred Nineteen Thousand Seven Hundred Seventy -Six Dollars and Twenty -Eight Cents ($319,776.28), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. @BCL@840BB97E.doc Page 1 of 2 148 Section 4. Effective Daae. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 22nd day f ctober, 2024. t Larisa Svechin, Mayor ATTEST;"`F} APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A Maurici Beta n --c , CMC, City Clerk A ain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: Seconded by: '1 1'55M"& Z". 4—AAW Vote: Mayor Svechin - (Yes) (No) Vice Mayor Lama _(Yes) (No) Commissioner JosephY((Yy es) (No) Commissioner Stuyvesant es) (No) Commissioner Viscarra es) (No) @BCL@840BB97E.doc Page 2 of 2 149 OSUNNY JS4f9 F n u x ". CONSTRUCTION AGREEMENT BETWEEN THE CITY OF SUNNY F ISLES BEACH AND MBR CONSTRUCTION, INC. ,O CFty OF SUN F CONTRACT NO. 2024-8869-2 THIS CONTRACTUAL AGREEMENT is made and entered into this 2 day of October, 2024, by and between CITY OF SUNNY ISLES BEACH, a municipal corporation of the State of Florida (hereinafter referred to as "the City") and MBR CONSTRUCTION, INC., a Florida Corporation, whose Federal Employer Identification (FEI) No. is 65-0373938 (hereinafter referred to as the "Contractor"), for the construction of two lighted tennis courts, an operations building and community park with walking paths and workout stations, and associated landscape and irrigation at Intracoastal Sports Park, located at 158th -159th St and Collins Avenue (hereinafter referred to as the "Project" or the "Work"), the City and the Contractor hereby agreeing as follows: RECITALS WHEREAS, the City issued Invitation to Bid ("ITB") No. 24-07-01, entitled "Construction of Intracoastal Sports Park," as more particularly described in Attachment "A," a copy of which is attached hereto and incorporated herein by reference, for the construction of two lighted tennis courts, an operations building and community park with walking paths and workout stations, and associated landscape and irrigation at Intracoastal Sports Park, located at 158th -159th St and Collins Avenue; and WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest responsible and responsive bid; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Contractor has agreed to provide the Services, as more particularly described in Contractor's Response, a copy of which is attached hereto and incorporated herein by reference as Attachment `B;" and WHEREAS, the City wishes to contract with Contractor to provide the desired Services, as more particularly described in the Contract Documents, as defined herein, for Three Million One Hundred Ninety -Seven Thousand, Seven Hundred Sixty -Two Dollars and Seventy -Six Cents ($3,197,762.76), plus Three Hundred Nineteen Thousand Seven Hundred Seventy -Six Dollars and Twenty -Eight Cents ($319,776.28) for contingency, if necessary, resulting in a total not -to -exceed amount of Three Million Five Hundred Seventeen Thousand Five Hundred Thirty Nine Dollars and Four Cents ($3,517,539.04); NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: MBR CONSTRUCTION, INC. Pagel of 41 150 ARTICLE I THE CONTRACT AND THE CONTRACT DOCUMENTS 1.1 The Contract 1.1.1. The Contract between the City and the Contractor, of which this Contract is a part, consists of the Contract Documents. It shall be effective on the date this Contract is executed by the last parry to execute it. 1.2 The Contract Documents 1.2.1. The Contract Documents consist of this Contract, ITB No. 24-07-01, the Contractor's Response thereto, and the Specifications, the Drawings, the Addenda, all Change Orders and Field Orders issued hereinafter, any exhibits or attachments thereto, any other amendments hereto executed by the parties hereafter, all of which are specifically incorporated herein and made a part hereof. Documents not enumerated in this Paragraph 1.2 or Paragraph 1.3 are not Contract Documents and do not form part of this Contract. 1.3 Entire Agreement 1.3.1. This Contract, together with the Contractor's bond for the Project, constitute the entire and exclusive agreement between the City and the Contractor with reference to the Project. Specifically, but without limitation, this Contract supersedes all prior written or oral communications, representations, and negotiations, if any, between the City and the Contractor. 1.4 No Privity with Others 1.4.1. Nothing contained in this Contract shall create, or be interpreted to create privity or any other contractual agreement between the City and any person or entity other than the Contractor. 1.5 Intent and Interpretation 1.5.1. The intent of this Contract is to require complete, correct, and timely execution of the Work. Any Work that may be required, implied, or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the Contractor for the Contract Price. 1.5.2. This Contract is intended to be an integral whole and shall be interpreted as internally consistent. What is required by any one Contract Document shall be considered as required by the Contract. 1.5.3. When a word, term, or phrase is used in this Contract, it shall be interpreted or construed, first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. MBR CONSTRUCTION, INC. Page 2 of 41 151 1.5.4. The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation". 1.5.5. The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of this Contract shall not imply that any other, non- specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this Contract. 1.5.6. Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.7. The Contractor shall have a continuing duty to read, carefully study and compare each of the Contract Documents, the Shop Drawings and the Product Data and shall give written notice to the City of any inconsistency, ambiguity, error, or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the City or the Engineer/ Architect of the Contract Documents, Shop Drawings or Product Data shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The City has requested the Engineer /Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated and sufficient for construction, and that the Contractor has not, does not, and will not rely upon any representation or warranties by the City concerning such documents as no such representation or warranties have been or are hereby made. The Contractor further acknowledges and represents that it has made a thorough and careful examination and inspection of existing conditions on the Project site, both surface and subsurface, and the Contractor expressly acknowledges and agrees that it shall make no claim for additional compensation due to existing site conditions including, but not limited to, rock, surface and subsurface water, existing structures, and deficient soil, provided said conditions could be determined or ascertained from a thorough and careful examination and inspection of the site. 1.5.8. Neither the organization of any of the Contract Documents into divisions, sections, paragraphs, articles, (or other categories), nor the organization or arrangement of the Design, shall control the Contractor in dividing the Work or in establishing the extent or scope of the Work to be performed by Subcontractors. 1.5.9. Whenever the word "days" is used, it shall mean calendar days and not working days unless otherwise specified. 1.5.10. Contractor shall comply with Section 255.04, Florida Statutes, in selecting subcontractors, materials and suppliers. 1.6 Ownership of Contract Documents 1.6.1. The Contract Documents, and each of them, shall remain the property of the City unless the City has agreed otherwise with the Engineer / Architect. The Contractor shall have the MBR CONSTRUCTION, INC. Page 3 of 41 152 right to keep one record set of the Contract Documents upon completion of the Project; provided, however, that in no event shall Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the City's prior written authorization. 1.7 Public Records Law 1.7.1. The Contractor shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable provisions in Section 119.070 1, Florida Statutes. To the extent that the Contractor and this Contract are subject to the requirements in Section 119.0701, Florida Statutes, the Contractor shall: (a) keep and maintain public records required by the City to perform the services provided hereunder; (b) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law for the duration of the term of this Contract and following completion of this Contract if the Contractor does not transfer the records to the City; and (d) upon completion of the Contract, transfer, at no cost, to the City all public records in the possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. If the Contractor fails to comply with the requirements in this Section, the City may enforce these provisions in accordance with the terms of this Agreement. If the Contractor fails to provide the public records to the City within a reasonable time, it may be subject to penalties under Section 119. 10, Florida Statutes. 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, THE CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, MAURICIO BETANCUR, BY TELEPHONE (305/792-1703), E-MAIL (MBETANCUR@SIBFL.NET), OR MAIL (CITY OF SUNNY ISLES BEACH, OFFICE OF THE CITY CLERK, 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA 33160). 1.8 Compliance with Laws 1.8.1. Contractor and the Services must comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations including, without limitation, American with Disabilities Act (ADA), 42 U.S.C. S 12101 , Section 504 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations. 1.8.2 ADA Compliance Upon request, Contractor will provide the City with any accessibility testing results and written documentation verifying accessibility for documents delivered by the Contractor to the City, as well as promptly respond to and resolve accessibility complaints. MBR CONSTRUCTION, INC. Page 4 of 41 153 1.9 Electronic Recordkeeping 1.9.1. Contractor certifies its services and products meet all recordkeeping requirements of the State of Florida, including but not limited to those in Chapter 119, Florida Statutes and Rule 113- 26.003(6)(g), Florida Administrative Code. ARTICLE II THE WORK 2.1. The term "Work" shall mean whatever is done by or required of the Contractor to perform and complete its duties under this Contract, including the following: construction of the whole or a designated part of the Project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, administration, management, supervision, testing, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and all other utilities as required by this Contract. The Work to be performed by the Contractor is generally described as follows: The Work to be performed under this Contract includes, but is not limited to, constructing two lighted tennis courts, an operations building and community park with walking paths and workout stations, and associated landscape and irrigation at Intracoastal Sports Park, located at 158th -159th St and Collins Avenue. 2.2. The Contractor shall perform all of the Work required, implied or reasonably inferable from, this Contract. The Contractor agrees to comply with the City of Sunny Isles Beach permitting requirements, including all licensing requirements associated with the Building Department. The Contractor shall perform all of the Work required, implied or reasonably inferable from, this Contract. 2.3. Unless expressly permitted or allowed by the Contract Documents, substitutions of materials, articles, systems, equipment, or other components of the Work will not be considered. Where substitutions are expressly permitted or allowed by the Contract Documents, the Contractor must demonstrate to both the Engineer / Architect and the City that a proposed substitution is equal in substance, quality and function to the material, article, or piece of equipment identified in the Contract Documents. The City shall have no obligation to accept a proposed substitution and no substitution shall be allowed without the prior written approval from both the Engineer / Architect and the City. If the substitution results in a savings to the Contractor, the City shall be entitled to a credit for the amount saved as a result of the substitution. ARTICLE III CONTRACT TIME 3.1 Time and Liquidated Damages 3.1.1. The Contractor shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) from the City has been received by the Contractor. In addition to the written NTP, the Contractor must supply the City with the required insurance and bond documents. The Project shall be substantially completed within one -hundred and eighty (180) MBR CONSTRUCTION, INC. Page 5 of 41 154 calendar days from the Project initiation specified in the Notice to Proceed and final completion shall be sixty (60) calendar days after Substantial Completion. The total two -hundred and forty (240) calendar days include weekend days and holidays. For the purpose of this Project, Final Completion shall be defined at that point after which the City Engineer or their representative, have made and approved the Final Inspection and the Punch List has been completed, and all deliverables have been provided to the City. 3.1.2. The Contractor shall pay the City the sum of One Thousand Five Hundred Dollars and No Cents ($1,500.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at or before the time of executing this Contract. When the City reasonably believes that Final Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. 3.2. Notice to Proceed Date 3.2.1. Upon approval of the Contract for Construction by the City, the City Manager or designee shall issue a "Notice to Proceed" in which the "Notice to Proceed Date" is established as set forth in paragraph 3.1.1. 3.2.2. Once the Notice to Proceed Date has been established, the Contractor shall be responsible for the timely and successful completion of the Work and shall endeavor to provide all applicable agencies having jurisdiction with all the required documentation needed to successfully and timely continue the progress of the Work. This may include, but is not limited to providing all necessary documentation in the form of shop drawings, clarifications, calculations, technical data, protocols, product approvals, etc. 3.2.3. Under no circumstances will the City accept claims or be responsible for delays arising from failed, unsuccessful, untimely, or late inspections or rejections of inspected Work due to the fault of the Contractor for not supplying all of the necessary documentation in the forms required or requested by the Building Official. 3.3 Substantial Completion 3.3.1. "Substantial Completion" shall mean that stage in the progression of the Work when the Work is sufficiently complete in accordance with this Contract that the City can enjoy beneficial use or occupancy of the Work and can utilize the Work for its intended purpose. A condition precedent for the achievement of Substantial Completion is the receipt by the City of any and all Certificates of Occupancy or other authorizations required for occupancy by any governmental or regulatory authority. 3.4 Time is of the Essence All limitations of time set forth in the Contract Documents are of the essence of this Contract. MBR CONSTRUCTION, INC. Page 6 of 41 155 ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 4.1.1. The City shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of Three Million One Hundred Ninety -Seven Thousand, Seven Hundred Sixty -Two Dollars and Seventy -Six Cents ($3,197,762.76), plus Three Hundred Nineteen Thousand Seven Hundred Seventy -Six Dollars and Twenty -Eight Cents ($319,776.28) for contingency, if necessary, resulting in a total not -to -exceed amount of Three Million Five Hundred Seventeen Thousand Five Hundred Thirty Nine Dollars and Four Cents ($3,517,539.04). The sum set forth in this Paragraph 4.1.1 shall constitute the Contract Price which shall not be modified except by Change Order as provided in this Contract. 4.2 Unit Prices 4.2.1. In the event all, or any portion of, the Contract Price is to be determined by the application of unit prices, the following terms and conditions are applicable and controlling: (a) Payment to the Contractor shall be determined by the actual number of units incorporated in, or made necessary, by the Work; (b) Payment to the Contractor shall be made at the Contract Unit Prices applicable to each integral part of the Contract. The Contract Unit Prices shall be full compensation for all costs associated with completion of all unit price work in full conformity with the requirements of the Contract Documents; (c) Where the quantity of Work with respect to any item that is covered by a Contract Unit Price is increased or decreased by more than twenty percent (20%) from the quantity of such Work indicated or estimated in the Contract Documents, an appropriate Change Order shall be issued to adjust the Contract Unit Price, if warranted and justified, and if fully supported by documentation submitted to the City and the Engineer / Architect and if a timely claim is made for same in accordance with the terms and provisions of this Contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 Schedule of Values 5.1.1. Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the City and to the Engineer /Architect a Schedule of Values allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Engineer / Architect or the City may require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. Any violation of this provision by the Contractor shall constitute a MBR CONSTRUCTION, INC. Page 7 of 41 156 material breach of this Contract. The Schedule of Values shall be used only as a basis for the 1 Contractor's Applications for Payment and shall only constitute such basis after it has been acknowledged in writing by the Engineer / Architect and the City. 5.2 Payment Procedure 5.2.1. The City shall pay the Contract Price to the Contractor as provided below. 5.2.2. Progress payments shall be considered based upon the Contractor's Applications for Payment submitted to the Project Manager and upon Certificates for Payment subsequently issued to the City by the Project Manager. The City shall make progress payments to the Contractor on account of the Contract Price subject to the terms and conditions in this Agreement. Each invoice or payment application must be accompanied by all supporting documentation and other information reasonably requested by City, including, but not limited to a Partial Release of Lien or Final Release of Lien as appropriate in the forms set forth in Chapter 713.20, Florida Statutes. Reference herein to Chapter 713, Florida Statutes is for convenience and shall not be construed as a waiver of sovereign immunity or authority for imposition of liens against public property. Each progress payment shall be reduced by five percent (5%) retainage. Subject to other requirements of the Contract Documents, retainage shall be released after final completion of the Work and City's receipt of acceptable reports and other documentation including certification of payment to subcontractors, if any, and a Final Release of Lien in the form set forth in Section 713.20, Florida Statutes. Contractor is advised that processing of invoices must follow this schedule, as the City has funding requirements and other payment obligations which may prevent payment of late Statement of Services for that month's billing cycle. 5.3 Withheld Payment 5.3.1. The City may decline to make payment, may withhold funds, and, if necessary, may demand the return of some or all of the amounts previously paid to the Contractor, to protect the City from loss because of: (a) defective Work not remedied by the Contractor nor, in the opinion of the City, likely to be remedied by the Contractor; (b) claims of third parties against the City or the City's property, unless the surety provides the City a written consent regarding the payment(s) in question; (c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion. The City may ask the surety for a written consent regarding the payment(s) in question. However, notwithstanding the foregoing, and provisions of Section 255.05 (11), Florida Statutes, the parties hereby agree that the City may condition its payment to the Contractor on the production of a release, waiver, or like documentation from a Subcontractor or others demonstrating that the Subcontractor or others do not have an outstanding claim for payments due on labor, services or materials furnished under the MBR CONSTRUCTION, INC. Page 8 of 41 157 Contract. In the event the City requires such documentation, the provisions of the Local Government Prompt Payment Act (Sections 218.70 through 218.79) shall be suspended until such time as the City obtains the requested documentation; (d) evidence that the balance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract price; (e) evidence that the Work will not be completed in the time required for substantial or final completion; (f) persistent failure to carry out the Work in accordance with the Contract; (g) damage to the City or a third party to whom the City is, or may be, liable. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall comply with such demand within ten (10) days of receipt of same. 5.4 Unexcused Failure to Pay 5.4.1. If within twenty-five (25) days after the date established herein for payment to the Contractor by the City, the City, without cause or basis hereunder, fails to pay the Contractor any amount then due and payable to the Contractor, then the Contractor may after ten (10) additional days' written notice to the City and the Engineer / Architect and without prejudice to any other available rights or remedies it may have, stop the Work until payment of those amounts due from the City have been received. Any payment not made within twenty-five (25) days after the date due shall bear interest at the City's investment earnings rate from the Florida State Board of Administration. 5.5 Substantial Completion 5.5.1. When the Contractor believes the Work is substantially complete, the Contractor shall submit to the Engineer / Architect a list of items to be completed or corrected; the Engineer / Architect or the City may supplement such list in the event the Contractor has omitted any incomplete or defective work. When the Engineer / Architect, on the basis of an inspection, and after consultation with the City, determines the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall state the responsibilities of the City and the Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete the items listed therein. Guarantees required by the Contract shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the City and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate. 5.6 Completion and Final Payment 5.6.1. When all of the Work is finally complete and the Contractor is ready for a final inspection, it shall notify the City and the Engineer / Architect thereof in writing. Thereupon, the MBR CONSTRUCTION, INC. Page 9 of 41 158 Engineer / Architect will make final inspection of the Work and, if the Work is complete in full accordance with this Contract and this Contract has been fully performed, the Engineer / Architect will promptly issue a final Certificate for Payment certifying to the City that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the Engineer / Architect is unable to issue its final Certificate for Payment and is required to repeat its final inspection of the Work, the Contractor shall bear the cost of such repeat final inspection(s) which cost may be deducted by the City from the Contractor's final payment. 5.6.1.1. If the Contractor fails to achieve Final Completion within the time set forth in Paragraph 3.1.1 hereinabove, the Contractor shall pay the City the sum the amount of liquidated damages set forth in paragraph 3.1.2 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth herein for final completion of the Work. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at or before the time of executing this Contract. When the City reasonably believes that final completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. 5.6.2. As a condition precedent to final payment to the Contractor, the Contractor shall deliver to the City the following documents in a form acceptable to the City: a final receipt and release of the City; the Contractor's affidavit that all payrolls, invoices for materials and equipment, and other liabilities connected with the Work for which the City, or the City's property might be responsible, have been fully paid or otherwise satisfied; releases and waivers of lien from all Subcontractors of the Contractor and of any and all other parties required by the Engineer / Architect or the City; consent of surety to final payment; a duly executed assignment of any and all warranties required by the Contract Documents; any and all operating manuals required by the Contract Documents; certification that all personal instruction or training required by the Contract Documents for the operation of any Project systems has been completed; any and all manuals relating to Project materials or Project maintenance; executed change orders relating to any and all changes in the Work; and all as -built drawings required by the Contract Documents. If any third party fails or refuses to provide a release of claim or waiver of lien as required by the City, the Contractor shall furnish a bond satisfactory to the City to discharge any such lien or indemnify the City from liability. 5.6.3. As a further condition precedent to final payment, the Contractor shall furnish to the City a complete and comprehensive set of as -built drawings; said as -built drawings are to be submitted in hard copy and in electronic format, and the City and the Contractor agree and acknowledge that the Contract Price includes all cost and expense associated with the production of said as -built drawings. 5.6.4. The City shall make final payment of all sums due the Contractor within twenty-five (25) days of the Engineer / Architect's execution of a final Certificate for Payment. 5.6.5. Acceptance of final payment shall constitute a waiver of all claims against the City by the Contractor except for those claims previously made in writing against the City by the Contractor, pending at the time of final payment, and identified in writing by the Contractor as unsettled at the time of its request for final payment. MBR CONSTRUCTION, INC. Page 10 of 41 159 ARTICLE VI THE CITY 6.1 Information. Services and Items Reauired from Ci 6.1.1. The "City." The City of Sunny Isles Beach, as represented by the City Commission and its designees, which is the owner of this Project. 6.1.2. The Building Department The Building Department is the City's Department responsible for assuring compliance with applicable regulations and the Florida Building Code as required. The Building Department is responsible for issuing permits, reviews, inspections, Certificates of Completion and Certificates of Occupancy and any other actions as described to be the responsibility of the Building Official under the Florida Building Code. The Building Department is also responsible for the enforcement of other state, federal and county regulations which may fall under the jurisdiction of the Building Official. The Building Department is responsible for the enforcement of the City's Ordinances affecting the site, drainage, zoning, water, sewer, irrigation and distribution lines and coverage, paving, traffic and landscaping. 6.1.3. The City shall furnish to the Contractor, prior to execution of this Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project. Such written and tangible material is furnished to the Contractor only in order to make complete disclosure of such material and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefore. The City shall also furnish surveys, legal limitations and utility locations (if known), and a legal description, if available, of the Project site. 6.1.4. The Contractor is responsible for compliance with, and shall secure at its expense, all municipal review; construction, and inspection permits, provided, however, all City of Sunny Isles Beach review, construction, and inspection fees will be waived save and except fees for inspection. 6.2 Right to Stop Work 6.2.1. If the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, the City shall have the right, but not an obligation to order the Contractor to stop the Work, or any described portion thereof, until the cause for stoppage has been corrected, no longer exists, or the City orders that Work be resumed. In such event, the Contractor shall immediately obey such order. A stop work directive provided under this paragraph shall not entitle the Contractor to an extension of the completion date. 6.3 City's Right to Perform Work 6.3.1. If the Contractor's Work is stopped by the City under Paragraph 6.2, or if the Contractor persistently fails or refuses to perform the Work in accordance with this Contract, and the Contractor fails within three (3) days of such stoppage, failure, or refusal, to provide adequate assurance to the City that the cause of such stoppage will be eliminated or corrected, then the City may, without prejudice to any other rights or remedies the City may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be MBR CONSTRUCTION, INC. Page 11 of 41 160 issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the Engineer /Architect's additional services and expenses necessitated thereby, if any. If the unpaid portion of the Contract Price is insufficient to cover the amount due the City, the Contractor shall pay the difference to the City. 6.4 Inspections 6.4.1. No inspector shall have authority to waive any requirements of the Contract Documents. Any failure or omission on the part of any inspector, the Engineer / Architect or any agent of the City, to condemn any defective work or material shall not release the Contractor from its obligations to install the Work free from faults and defects and to promptly remove and repair any defective or deficient work. The Contractor hereby acknowledges and agrees that no inspector shall have authority to: (a) Authorize any deviation from the Contract Documents or approve any substitute materials or equipment; (b) Undertake any of the responsibilities of the Contractor, subcontractors or Contractor's superintendent; (c) Expedite the Work for the Contractor; (d) Advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents; (e) Advise on or issue directions as to safety precautions and programs in connection with the Work. Provided however, this shall not preclude the City inspector from notifying the Contractor of any hazardous or dangerous condition; (f) Participate in specialized field or laboratory tests. 6.5 Not Applicable and Omitted 6.6 Coordination and Scheduling of Work 6.6.1. The Contractor shall cooperate with the City and any separate contractors retained by the City, and the Contractor shall carefully coordinate and schedule the Work as may be required to accommodate without delay or interference the Work of the City or any of its separate contractors. 6.7 Contractor Responsible for Delays 6.7.1. The Contractor shall be responsible for any damages caused to the City as a result of any delays caused by the Contractor. MBR CONSTRUCTION, INC. Page 12 of 41 161 6.8 Ci , 's Right to OccWy 6.8.1. The City reserves the right to occupy any part of the Project when same is Substantially Complete. It is expressly agreed, however, that partial occupancy of any part of the Project does not activate any warranty obligations of the Contractor and any warranties which contain time limitations shall commence on the date of Final Completion unless otherwise expressly specified in the Contract Documents. ARTICLE VII THE CONTRACTOR 7.1. Upon providing no less than forty-eight (48) hours' notice to the Contractor, the City may conduct a pre -construction conference at a time and place set forth in the aforesaid notice. ATTENDANCE AT ALL PRE -CONSTRUCTION CONFERENCE(S) IS MANDATORY AND FAILURE TO ATTEND SHALL BE A MATERIAL BREACH OF THIS CONTRACT. 7.2. The Contractor is again reminded of its continuing duty set forth in Subparagraph 1.5.7. The Contractor shall perform no part of the Work at any time without adequate Contract Documents or, as appropriate, approved Shop Drawings, Product Data or Samples for such portion of the Work. If the Contractor performs any of the Work knowing it involves a recognized error, inconsistency, or omission in the Contract Documents without such notice to the Engineer /Architect the Contractor shall bear responsibility for such performance and shall bear the cost of correction. 7.3. The Contractor shall perform the Work strictly in accordance with this Contract. The Contractor shall also be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 7.4 Contractor's Professional Standard 7.4.1. City's engagement of the Contractor is based upon the Contractor's representations to the City that: (a) Contractor has carefully reviewed all Construction Documents prior to signing this Contract. (b) Contractor is an organization experienced in, and qualified, willing and able to provide construction of the nature and type necessary to perform the Work; (c) Contractor is authorized and licensed to do business in the State of Florida, Miami -Dade County and the City of Sunny Isles Beach; and (d) Contractor shall furnish labor, material, equipment and services (i) which expeditiously, economically and properly complete the Work in the manner most consistent with the City's interests and objectives, (ii) in accordance with the Construction Documents, and (iii) in accordance with the highest standards currently practiced by persons and entities performing comparable MBR CONSTRUCTION, INC. Page 13 of 41 162 labor, material, equipment and services on projects of similar size and complexity. 7.4.2. The Contractor shall administer, manage, supervise and direct the Work using the Contractor's best skill, effort and attention. The Contractor shall be responsible to the City for any and all acts or omissions of the Contractor, its employees and others engaged in the Work on behalf of the Contractor. 7.5 Warranty 7.5.1. The Contractor warrants to the City that all labor furnished to progress the Work under this Contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class results, that materials and equipment furnished will be of good quality and new unless otherwise permitted by this Contract, and that the Work will be of good quality, free from faults and defects and in strict conformance with this Contract for a period of one (1 ) year from the date of Final Completion and acceptance by the City unless a longer warranty period is a requirement of the drawings and/or specification for either individual elements of the project or the entire project. All Work not conforming to these requirements may be considered defective. 7.5.2. Any warranty required or received from a Subcontractor, manufacturer, or supplier is herein assigned by the Contractor to the City effective immediately upon issuance the fully executed Certificate of Final Completion. Furthermore, the Contractor agrees to supply to the City the originals of all such warranties where same are in writing, and further agrees to execute, if requested by the City, separate assignments of warranty on a form furnished by the City. 7.6. The Contractor shall obtain and pay for all permits, fees and licenses necessary and ordinary for the Work save and except as set forth herein. The Contractor shall comply with all lawful requirements applicable to the Work and shall give and maintain any and all notices required by applicable law pertaining to the Work. 7.7 Supervision 7.7.1. The Contractor shall employ and maintain at the Project site only competent supervisory personnel. Absent written instruction from the Contractor to the contrary, the superintendent shall be deemed the Contractor's authorized representative at the site and shall be authorized to receive and accept any and all communications from the City or the Engineer / Architect. 7.7.2. Key administrative, managerial and supervisory personnel assigned by the Contractor to this Project are as follows: Name Mike Boss Jason Cameron Function Project Manager General Superintendent The Contractor shall furnish to the City complete resumes of each of the individuals named above. So long as the individuals named above remain actively employed or retained by the Contractor, MBR CONSTRUCTION, INC. Page 14 of 41 163 they shall perform the functions indicated next to their names unless the City agrees to the contrary in writing or unless the City requests the removal of any such individual from the Project. In the event the City requests the removal of any of the individuals named above, the Contractor shall immediately comply and shall immediately replace such individual with a qualified substitute to whom the City makes no objection. In the event one or more individuals not listed above subsequently assumes one or more of those functions listed above, the Contractor shall be bound by the provisions of this Subparagraph 7.7.2 as though such individuals had been listed above. 7.8. The Contractor, within fifteen (15) days of commencing the Work, shall submit to the City and the Engineer /Architect for their information, the Contractor's schedule for completing the Work. The Contractor's schedule shall be presented in the critical path (CPM) format. The Contractor's schedule shall be revised no less frequently than monthly (unless the parties otherwise agree in writing) and shall be revised to reflect conditions encountered from time to time and shall be related to the entire Project. Each such revision shall be furnished City and the Engineer / Architect with each Application for Payment. Failure .by the Contractor to strictly comply with the provisions of this Paragraph 7.8 shall constitute a material breach of this Contract. 7.8.1. The Contractor, within (15) days of commencing the Work shall submit to the City and the Engineer / Architect for their information, an anticipated monthly draw schedule for the duration of the Work. If during the course of performing the Work the Contractor anticipates a substantial change in the draw schedule, the Contractor shall notify the City and the Engineer / Architect within three (3) days of anticipating such change. For purposes of this paragraph, a substantial change shall be any increase or decrease equaling or exceeding ten percent (10%) of any anticipated monthly draw. 7.9. The Contractor shall continuously maintain at the site, in an orderly fashion and format acceptable to the City, for the benefit of the City and the Engineer / Architect one record copy of this Contract and all Contract Documents marked to record on a current basis changes, selections and modifications made during construction. Additionally, the Contractor shall maintain at the site for the City and Engineer / Architect the approved Shop Drawings, Product Data, Samples and other similar required submittals. Upon final completion of the Work, all of these record documents shall be delivered to the City. 7.9.1. No less than weekly, the Contractor shall conduct a Project meeting which shall include the Contractor's administrative, managerial and supervisory personnel and representatives of each subcontractor working on the Project site. The meeting shall address, but shall not be limited to, the current status of the Work, including the current Project schedule and the existence of any defective or deficient work as well as the appropriate action required to correct or replace such work. The City and the Engineer / Architect shall have the right, but not the duty, to attend such weekly meetings. The Contractor shall maintain detailed minutes of each such weekly meetings and shall distribute typewritten copies of such minutes to the City and the Engineer / Architect no later than the close of the next workday following completion of such meeting. The Contractor shall further require its General Superintendent to maintain a daily job diary which shall include for each work day the daily weather conditions, the identity of each subcontractor working on the site, the manpower of each subcontractor working on the site, the identity of all visitors to the Project site, documentary progress photographs, and any and all other information reflecting any delays, hindrances, interferences, or other problems encountered or incurred on the Project site. Each week the Contractor shall furnish to the City and the Engineer / Architect on a weekly basis full and complete copies of said daily job diary. MBR CONSTRUCTION, INC. Page 15 of 41 164 7.10 Shop Drawings, Product Data and Samples 7.10.1. Shop Drawings, Product Data, Samples and other submittals from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 7.10.2. The Contractor shall not perform any portion of the Work requiring submittal and review of Shop Drawings, Product Data or Samples unless and until such submittals shall have been approved by the Engineer / Architect. Approval by the Engineer / Architect, however, shall not be evidence that Work installed pursuant thereto conforms with the requirements of this Contract. 7.10.3. The Contractor shall maintain a log of all Shop Drawings, Product Data and Samples submitted to the Engineer / Architect and the City including, but not limited to, identification of the item of work according to appropriate specification section; date of receipt from appropriate subcontractor or supplier; date of review by the Contractor; date of submission to the Engineer / Architect date of return from the Engineer / Architect date of return to the subcontractor or supplier status of review by the Engineer / Architect and any required re -submittal information. A true and correct copy of this log shall be submitted with each Application for Payment and receipt of same by the Engineer / Architect shall be a condition precedent for approval of the Application for Payment. 7.11 Cleaning the Site and the Project 7.11.1. The Contractor shall keep the site reasonably clean during performance of the Work, shall remove debris, trash and garbage from the Site daily and allow no accumulation of debris, garbage or trash on the Site. Upon Final Completion of the Work, the Contractor shall clean the site and the Project and remove all waste, together with all of the Contractor's property therefrom. 7.12 Access to Work 7.12.1. The City, the Engineer / Architect and the Building Department shall have access to the Work at all times from commencement of the Work through Final Completion. The Contractor shall take whatever steps necessary to provide access when requested. 7.13 &Lety 7.13.1. The Contractor shall take all reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to, its employees on the Work and all other persons who may be affected thereby; the Work and materials and equipment to be incorporated therein; and all other property at the site or adjacent thereto including, but not limited to, trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss, and shall give all notices required by same; this requirement includes, but is not limited to, the United States Occupational Safety and Health Act and the Florida Trench Safety Act, Florida Statute S 553.60. MBR CONSTRUCTION, INC. Page 16 of41 165 7.14 Indemnity 7.14.1. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. This indemnification shall survive the term of this Contract. 7.15 Value EnOneerina Incentive 7.15.1. The City encourages the Contractor to make timely value engineering and cost savings recommendations. In the event the City approves by duly executed change order any value engineering or cost savings recommendation of the Contractor, and in the further event the Contract Sum is reduced thereby, any savings shall be shared with Seventy -Five Percent (75%) being allocated City and Twenty -Five Percent (25%) being allocated to the Contractor. It is agreed, however, that the Contractor shall procure and obtain at its sole cost and expense all change orders, drawings, specifications, permits, approvals, or other documents required in order to implement the value engineering or cost savings recommdation. ANY CLAIM UNDER THIS PARAGRAPH MUST BE SUBMITTED IN WRITING TO THE CITY AND THE ENGINEER / ARCHITECT PRIOR TO THE EXECUTION OF THE CHANGE ORDER INCORPORATING THE CONTRACTOR'S RECOMMENDATION OTHERWISE SAID CLAIM IS EXPRESSLY WAIVED. Any savings allocated to the Contractor under this Paragraph shall be paid at the time of Final Payment to the Contractor. 7.16 Miscellaneous 7.16.1. Prior to commencement of the Work, the Contractor shall submit to the City a plan for site access and control of construction traffic. Said plan shall include, but not be limited to, an enumeration of each construction access point to the site and a description of how access will be controlled and regulated; a description of any impact that construction traffic may have on the public streets and highways, and the Contractor's plan for minimizing and reducing such impact; and, the name and address of the individual employed by the Contractor who shall have responsibility for control and management of construction traffic. Approval by the City of this plan is a condition precedent to payment of any sums to the Contractor. The Contractor furthermore agrees to cooperate with the City and all other appropriate governmental entities with respect to the control, regulation, scheduling and management of construction traffic. 7.16.2. The Contractor shall be responsible for, and shall pay the cost of, all temporary facilities used, or made available, during the course of the Work. These facilities include, but shall not be limited to, electric power, gas, water, sewage and sanitation, waste removal and disposal, telephone, and temporary office facilities. The Contractor shall timely pay for all such temporary facilities and shall coordinate the installation and removal of such facilities including, but not limited to, any required coordination with any utility company. Furthermore, the Contractor shall be responsible for, and shall pay the cost of, any utility work which may be necessary in order to perform the Work required by the Contract Documents; this responsibility includes, but is not limited to, the cost of installing, moving, or relocating electric, water, sewer, gas, or other utility lines, wires, poles, pipe, and any other equipment of every kind and nature. MBR CONSTRUCTION, INC. Page 17 of 41 166 7.16.3. After first giving at least seventy-two (72) hours written notice to the City and the Engineer / Architect, the Contractor shall conduct any and all testing required under the Contract Documents and report the results of same to the City and the Engineer / Architect within twenty- four (24) hours of receipt unless the City or the Engineer / Architect instructs otherwise. The Contractor shall also cooperate with the City and the Engineer / Architect in the event the City or the Engineer / Architect elects to conduct testing for any purpose. The Contractor shall make the site, or any relevant portion thereof, available for such testing by the City or the Engineer / Architect and the Contractor shall so schedule and coordinate its work so as not to interfere with any testing by the City or the Engineer / Architect. When requested by the City or the Engineer / Architect the Contractor shall furthermore uncover Work and otherwise assist in testing as may be required by the City or the Engineer /Architect. The services requested by the City which are required to be provided by an Independent Testing Laboratory shall be paid by the City unless otherwise stated in the Contract Documents. Contractor may not rely upon any testing performed by the City or the Engineer / Architect but shall remain solely responsible for insuring compliance with all Contract Documents and testing requirements. The Contractor shall be responsible for the payment of any of its testing. ARTICLE VIII CONTRACT ADMINISTRATION 8.1 The Engineer / Architect 8.1.1. The Engineer / Architect for this project are Keith and Associates, Inc., d/b/a Keith, c/o Sarah Landucci; ISA, and Rodriguez Architects, Inc., 2121 Ponce de Leon Blvd., Suite 1260, Coral Gables, FL 33134, respectively. In the event the City should find it necessary or convenient to replace the Engineer / Architect the City shall retain a replacement Engineer / Architect and the status of the replacement Engineer / Architect shall be that of the former Engineer / Architect. 8.2 Engineer / Architect's Administration 8.2.1. The Engineer / Architect, unless otherwise directed by the City in writing, will perform those duties and discharge those responsibilities allocated to the Engineer /Architect as set forth in this Contract. The Engineer / Architect shall be the City's representative from the effective date of this Contract until final payment has been made. The Engineer / Architect shall be authorized to act on behalf of the City only to the extent provided in this Contract. 8.2.2. The City and the Contractor shall communicate with each other in the first instance through the Engineer / Architect. The Contractor and the Engineer / Architect, however, shall copy the City's designated representative with any and all written communications by and between the parties. The City's designated representative for the receipt of any such communications, or copies of same, is Richard Labinsky, Project Manager, whose address is Cityof Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach FL 33160. The City reserves the right to change its designated representative upon written notice to the Contractor and Engineer / Architect. 8.2.3. The Engineer / Architect shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance there under by the Contractor. The Engineer / Architect shall render written or graphic interpretations necessary for the proper execution or progress of the Work with reasonable promptness on request of the Contractor. MBR CONSTRUCTION, INC. Page 18 of 41 167 8.2.4. The Engineer / Architect will review the Contractor's Invoice and will certify to the City for payment to the Contractor, those amounts then due the Contractor as provided in this Contract. 8.2.5. The Engineer / Architect shall have authority to reject Work which is defective or does not conform to the requirements of this Contract. If the Engineer /Architect deems it necessary or advisable, the Engineer / Architect shall have authority to require additional inspection or testing of the Work for compliance with Contract requirements. 8.2.6. The Engineer / Architect will review and approve, or take other appropriate action as necessary, concerning the Contractor's submittals including Shop Drawings, Product Data and Samples. Such review, approval or other action shall be for the sole purpose of determining conformance with the design concept and information given through the Contract Documents. 8.2.7. The Engineer / Architect will prepare Change Orders and may authorize minor changes in the Work upon approval from the City by Field Order as provided elsewhere herein. 8.2.8. The Engineer / Architect shall, upon written request from the Contractor, conduct inspections to determine the date of Substantial Completion and the date of Final Completion, will receive and forward to the City for the City's review and records, written warranties and related documents required by this Contract and will issue a final Certificate for Payment upon compliance with the requirements of this Contract. 8.2.9. The Contractor agrees, acknowledges, and warrants that it has no third party beneficiary rights, or other rights, arising out of any contract by and between the City and the Engineer / Architect and, in the event of any conflict between the terms and provisions of the contract by and between the City and the Engineer / Architect and this Contract, the terms of this Contract shall control with respect to the Contractor. 8.2.10. If the Contractor fails any inspection which requires a re -inspection by the Engineer / Architect or any of its design consultants, the Contractor shall bear the cost of such repeat inspection(s) which cost may be deducted by the City from any sums otherwise due the Contractor. 8.3 Claims by the Contractor 8.3.1. Except as prohibited in Paragraph 8.3.5.1 herein below, all Contractor claims shall be initiated by written notice and claim to the City and the Engineer / Architect, as applicable. Such written notice and claim must be furnished within three (3) days after occurrence of the event, or the first appearance of the condition giving rise to the claim. 8.3.2. Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the City shall continue to make payments to the Contractor in accordance with this Contract. The resolution of any claim under this Paragraph 8.3 shall be reflected by a Change Order executed by the City, the Engineer / Architect and the Contractor. MBR CONSTRUCTION, INC. Page 19 of 41 168 8.3.3. Claims for Concealed and Unknown Conditions -- Should concealed and unknown conditions encountered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure be at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those ordinarily encountered in the area and generally recognized as inherent in Work of the character provided for in this Contract, be encountered, the Contract Price shall be equitably adjusted by Change Order upon the written notice and claim by either party made within three (3) days after the first observance of the condition. As a condition precedent to the City having any liability to the Contractor for concealed or unknown conditions, the Contractor must give the City and the Engineer / Architect written notice of, and an opportunity to observe, the condition prior to disturbing it. The failure by the Contractor to make the written notice and claim as provided in this Subparagraph shall constitute a waiver by the Contractor of any claim arising out of or relating to such concealed or unknown condition. 8.3.4. Claims for Additional Costs Except as prohibited in Paragraph 8.3.5 herein below, if the Contractor wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefore, the Contractor shall give the Engineer / Architect and the City written notice of such claim within three (3) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice must be given by the Contractor before proceeding to execute any additional or changed Work. The failure by the Contractor to give such notice and to give such notice prior to executing the Work shall constitute a waiver of any claim for additional compensation. 8.3.4.1. In connection with any claim by the Contractor against the City for compensation in excess of the Contract Price, any liability of the City for the Contractor's cost shall be strictly limited to direct costs incurred by the Contractor. Direct costs do not include the Contractor's home office overhead, loss of efficiency, consequential damages of the Contractor, or equipment costs in excess of actual equipment rental paid by the Contractor to a third party. The City shall not be liable to the Contractor for claims of third parties, including Subcontractors, unless and until liability of the Contractor has been established therefore in a court of competent jurisdiction. 8.3.5. Claims for Additional Time. If the Contractor is delayed in progressing any task which at the time of the delay is then critical or which during the delay becomes critical, as the sole result of any act or neglect to act by the City or someone acting in the City's behalf, or by changes ordered in the Work, unusual delay in transportation, unusually adverse weather conditions not reasonably anticipatable, fire or any causes beyond the Contractor's control, then the date for achieving Substantial Completion of the Work shall be extended upon the written notice and claim of the Contractor to the City and the Engineer / Architect for such reasonable time as the Engineer / Architect and the City may determine. Any notice and claim for an extension of time by the Contractor shall be made not more than three (3) days after the occurrence of the event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the Project. Said claim shall specifically include, among other things, an adjusted critical path (CPM) schedule reflecting precisely the delay and its claimed impact upon the Contractor's future performance. In the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the Contractor fails to make such claim as required in this Subparagraph, any claim for an extension of time shall be waived. 8.3.5.1. In no event, and under no circumstances, shall the Contract Sum be increased for, nor shall the Contractor claim, recover, or receive payment for, any cost, expense, damages, or compensation of any kind by reason of any delay to the Project, whether critical or non-critical, and MBR CONSTRUCTION, INC. Page 20 of 41 169 whether caused in whole or in part by the City. The Contractor shall not be entitled to any 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. It is further agreed that such direct costs do include the Contractor's home office overhead, loss of efficiency, consequential damages, or equipment costs in excess of actual equipment rental paid by the Contractor to a third party. The Contractor's sole and exclusive remedy for delay, hindrance, and disruption shall be an extension of the Contract Time provided a claim for same is made and is allowable pursuant to the provisions of Paragraph 8.3.5 hereinabove. 8.4 Field Orders 8.4.1. The Engineer / Architect after first obtaining approval from the City, shall have authority to order minor changes in the Work not involving a change in the ContractPr5ceor in ., Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field Orders promptly. ARTICLE IX SUBCONTRACTORS 9.1 Definition 9.1.1. A Subcontractor is an entity that has a direct contract with the Contractor to perform a portion of the Work. 9.2 Award of Subcontracts 9.2.1. Upon execution of the Contract, or as may be required by the Instructions to Bidders, the Contractor shall furnish the City, in writing, the names of persons or entities proposed by the Contractor to act as a Subcontractor on the Project. The City shall promptly reply to the Contractor, in writing, stating any objections the City may have to such proposed Subcontractor. The Contractor shall not enter into a Subcontract with a proposed Subcontractor with reference to whom the City has made timely objection. The Contractor shall not be required to Subcontract with any parry to whom the Contractor has objection. 9.2.2. All subcontracts shall afford the Contractor rights against the Subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights afforded to the City by Subparagraph 12.2.1 below. MBR CONSTRUCTION, INC. Page 21 of 41 170 ARTICLE X CHANGES IN WORK 10.1 Changes Permitted 10.1.1. Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order, Construction Change Directive or by Field Order. 10.1.2. Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes. 10.2 Change Order Defined 10.2.1. Change Order shall mean a written order to the Contractor executed by the City and the Engineer / Architect issued after execution of this Contract, authorizing and directing a change in the Work or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The Contract Price and/or the Contract Time may be changed only by Change Order. 10.3 Changes in the Contract Price 10.3.1. Any change in the Contract. Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the City and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order, (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the City and the Contractor, then, as provided in Subparagraph 10.3.2 below. 10.3.2. The Contractor shall be bound by the following conditions and procedures governing additional work under the Contract. 10.3.2.1. Any change order must be recommended by the City's representative and approved by the City before any steps are taken to implement the change order. 10.3.2.2. Should the Contractor commence work without making a claim in writing for unforeseen extra work encountered, it will be .construed as an acceptance and agreement that such work is required under the Contract and no further claim for such extras will be considered or allowed by the City. 10.3.2.3. Changes in the Work directed by the Engineer / Architect shall become part of the Contract only by written change order. 10.3.2.4. Information regarding changes in the Work for additional work, credits and adjustments under the Contract shall be promptly transmitted in writing by the Contractor to the Engineer / Architect with full explanations and justifications for consideration in preparing a change order to the Contract. 10.3.2.5. Contractor shall allow twenty-one (2 1) calendar days for the Engineer / Architect to review and respond to the City on Contractor submitted Requests for Change Order pricing and MBR CONSTRUCTION, INC. Page 22 of 41 171 Contractor submitted pricing for City initiated proposal requests. This review time is only for correctly submitting pricing. Submitted pricing found not to be in correct format, or containing pricing that relates to Work clearly not part of the change, or contains Subcontractor pricing not in the correct format, or contains Sub -Contractor pricing that relates to Work clearly not part of the change, will not be reviewed and returned to the Contractor for proper submission and as such, no Contractor claims for delay will be accepted as a result of extended response time due to improper pricing submission. 10.3.2.6. The Engineer / Architect will review properly submitted Contractor pricing and compare submitted pricing with published pricing data contained in the Building Cost Data, Mechanical Cost Data and Electrical Cost Data, latest edition, as published by R.S. Means Company, Inc. Contractor submitted pricing found to be in excess of five (5%) percent above the stated published pricing will not be accepted and as such, no Contractor claims for delay will be accepted as a result of extended response time due to excessive pricing submittal by the Contractor. 10.3.3. The value of any change ordered under the Contract for extra work or any reductions in work required, shall be determined under one or more of the following procedures before a written change order is issued. 10.3.3.1. By Unit Price named in the contract or subsequently agreed upon by the City and the Contractor, which prices shall include Contractor's overhead and profit. 10.3.3.2. By Lump Sum Price agreed upon by the City and, the Contractors which pricc .shall include overhead and profit. A breakdown of the estimated costs comprising the lump sum price may be required by the Engineer / Architect for review. Percentage for overhead and profit shall be determined in accordance with the method listed described under Overhead and Profit below. 10.3.3.3. By a Cost Plus Price on total actual costs, plus an added percentage, all determined as described under Overhead and Profit below. 10.3.3.4 Overhead and Profit (a) Subcontractor's overhead, including supervision and the furnishing, use and maintenance of small tools and ordinary equipment incidental to and required for the Work shall be just and fully compensated for by adding an amount equal to FIVE PERCENT (5%) of the sum of material and labor costs as defined under Subcontractor's profit below, but excluding equipment rental costs. (b) Subcontractor's profit may then be added to the above material costs and labor costs including the Overhead allowance at the rate of SEVEN PERCENT (7%) of the sum of those costs, excluding equipment rental costs. (c) Contractor's overhead, including general supervision and the furnishing, use and maintenance of small tools incidental to and required for the Work accomplished by its own direct labor shall be considered to be just and fully compensated for by adding an amount equal to FIVE PERCENT (5%) of the MBR CONSTRUCTION, INC. Page 23 of 41 172 sum of material and labor costs as defined under Material costs and Labor costs below, but excluding equipment rental costs and bond allowance. (d) Contractor's overhead, including general supervision and the furnishing, use and maintenance of small tools and equipment incidental to and required for the Work accomplished by subcontractors shall be considered to be just and fully compensated for by adding an amount equal to FIVE PERCENT (5%) of the sum of material and labor costs as defined under Material costs and Labor costs below, but excluding equipment rental costs and bond allowance. (e) Contractor's profit may then be added into the above material costs and labor costs, including the Overhead allowance at the rate of SEVEN PERCENT (7%) of the sum of those costs, excluding equipment rental costs. 10.3.3.5. Bond Allowance: For maintaining the Public Construction Bond at 100% of the Contract Price, a sum of ONE PERCENT (1%) of the total cost of the change (including material, labor, overhead and profit, and equipment rental) shall be allowed on all change orders. 10.3.3.6. Material costs actually recorded by the Contractor and the subcontractor as materials are delivered to the site and, as evidenced from originally receipted invoices, listing appropriate quantities and unit prices. Records in proper form shall be maintained and made available to the Engineer / Architect and the City at all times. 10.3.3.7. Labor Costs represented by the actual wages paid to all laborers, apprentices, journeymen, and foremen involved in and necessary to completing the particular construction operations, for each day and every hour such labor teams and foremen are actually employed on the extra work required, including the net cost of insurance, social security and Workmen's Compensation. Records in proper form shall be maintained and be made available to the Engineer / Architect and the City at all times. 10.3.3.8. Rentals for special equipment or machinery such as power driven roller, tractors, trucks, shovels, drills, mixers, pumps, hoists, etc. required for the economical performance of the work at reasonable rental prices agreed upon before work commences, shall be allowed the Contractor and subcontractors by the Engineer / Architect and the City for each and every hour such special equipment is in use on the particular work. To the sum of such equipment rentals, no additional percentage shall be added. 10.3.3.9. Owned Equipment for certain owned heavy or specialized equipment (defined as tools and equipment with an individual purchase cost of more than One Thousand Dollars ($1000)) brought on to the job site specifically for change order work shall be valued at 75 percent of the monthly rental divided by 176 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the change order work. Fuel and an operator necessary to utilize the equipment will be considered as a separate direct cost associated with the change order work. No recovery will be allowed for heavy or specialized equipment that is already on the jobsite and is necessary to complete work of the original contract. No recovery will be allowed for hand tools, power tools, minor equipment, work vehicles (including pickup trucks and cargo vans), simple scaffolds, etc. The longest period of time that the equipment is to be required for the work will be the basis for pricing. Downtime due to repairs, maintenance and weather delays will not be allowed. MBR CONSTRUCTION, INC. Page 24 of 41 173 10.4 Minor Changes 10.4.1. The Engineer /Architect, after first obtaining express written approval from the City, shall have authority to order minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the City and the Contractor. The Contractor shall promptly carry out such written Field Orders. 10.5 Effect of Executed Change Order 10.5.1. The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 10.6 Notice to Surety; Consent 10.6.1. As a condition precedent for the certification, approval or payment of any Application for Payment, or as a condition precedent for the approval or execution by the City of any Change Order, or as a condition precedent for any action required by the City under this Contract, the City may demand, and the Contractor shall furnish, an appropriately executed Consent of Surety in such form as the City may specify. 10.7 Emergency Chanqe Orders 10.7.1. In an emergency that presents immediate danger to person or property, the City's designated representative may order a change in the Work that shall be documented within three (3) days from the inception of said emergency in accordance with the change order requirements of Article X of this Contract. 10.8 Construction Change Directive 10.8.1. If the City and the Contractor cannot agree on the cost of a change in the Work, the City may issue a written Construction Change Directive ordering a change in the Work prior to reaching agreement with the Contractor on the adjustment, if any, in the Contract Price and/or the Contract Time. 10.8.2. The City and the Contractor shall negotiate expeditiously and in good faith for appropriate adjustments, as applicable, to the Contract Price and/or the Contract Time arising out of a Construction Change Directive. Within 15 days of issuance of the Construction Change Directive, the City will issue a Change Order based upon the Engineer / Architect's estimate for the cost of the Work and any additional agreed upon time extension in accordance with Article 10.3. When a resolution has been reached on the total cost of the Work and the cost of the Work is more or less than the Engineer / Architect's estimate, a final adjusting Change Order will be issued for the difference in both cost and time as is applicable. MBR CONSTRUCTION, INC. Page 25 of 41 174 ARTICLE XI UNCOVERING AND CORRECTING WORK 11.1 Uncovering Work 11.1.1. If any of the Work is covered contrary to the Engineer / Architect's request or to any provisions of this Contract, it shall, if required by the Engineer / Architect or the City, be uncovered for the Engineer / Architect inspection and shall be properly replaced at the Contractor's expense without change in the Contract Time. 11.1.2. If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 above, it shall, if required by the Engineer / Architect or the City, be uncovered for the inspection of the Engineer / Architect or the City. If such Work conforms strictly with this Contract, costs of uncovering and proper replacement shall by Change Order be charged to the City. If such Work does not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper replacement. 11.2 Correcting Work 11.2.1. The Contractor shall immediately proceed to correct Work rejected by the Engineer / Architect or the City as defective or failing to conform to, this Contract. The Contractor shall pay all costs and expenses associated with correcting such rejected Work, including any additional testing and inspections, and reimbursement to the City for the Engineer / Architect services and expenses made necessary thereby. 11.2.2. If within one (1) year after Final Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the City. This obligation shall survive final payment by the City and termination of this Contract. With respect to Work completed after Final Completion, this one-year obligation to specifically correct defective and non -conforming Work shall be extended by the period of time which elapses between Final Completion and acceptance of the subject Work by the City and the Engineer / Architect. 11.2.3. Nothing contained in this Paragraph 1 1.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one- year time period in Subparagraph 1 1.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 The City MU Accept Defective or Non -conforming Work 11.3.1. If the City chooses to accept defective or non -conforming Work, the City may do so. In such event, the Contract Price shall be reduced by the greater of. (a) the reasonable cost of removing and correcting the defective or non -conforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for its acceptance of defective or non -conforming Work, the Contractor shall, upon written demand MBR CONSTRUCTION, INC. Page 26 of 41 175 from the City, pay the City such remaining compensation for accepting defective or non -conforming Work. ARTICLE XII CONTRACT TERMINATION 12.1 Termination by the Contractor 12.1.1. If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon twenty (20) days' written notice to the City and the Engineer / Architect terminate performance under this Contract and recover from the City payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of any such items. 12.1.2. If the City shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of thirty (30) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance :under this Contract by written notice to the Engineer / Architect and the City. In such event, the Contractor shall be entitled to recover from the City as though the City had terminated the .Contractor's performance under this Contract for convenience pursuant to. Subparagraph 12.2.1 hereunder. 12.2 Termination by the City 12.2.1. For Convenience 12.2.1.1. The City may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2. The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the City or its designee. 12.2.1.3. The Contractor shall transfer title and deliver to the City such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. 12.2.1.4. (a) The Contractor shall submit a termination claim to the City and the Engineer / Architect specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the Engineer / Architect. if the Contractor fails to file a termination MBR CONSTRUCTION, INC. Page 27 of 41 176 claim within one (1) year from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subparagraph (c) below. (b) The City and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (c) Absent agreement to the amount due to the Contractor, the City shall pay the Contractor the following amounts: Contract prices for labor, materials, equipment and other services accepted under this Contract; ii. Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead in the amount of seven percent (7%) of the Contractor's direct costs, and a reasonable allowance for profit in the amount of five percent (5%) of the Contractor's direct costs (such profit shall not include anticipated profit or consequential damages); and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; iii. Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 12.2.1.2 of this Paragraph. These costs shall not include amounts paid in accordance with other provisions hereof. The total sum to be paid the Contractor under this Subparagraph 12.2.1 shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 12.2.2 For Cause 12.2.2.1. If the Contractor refuses or fails to prosecute the Work in a timely manner, supply enough properly skilled workers, administrative, managerial and supervisory personnel or proper equipment or materials, or if it fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a material provision of this Contract, then the City may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 12.2.2.2. If the unpaid balance of the Contract Price exceeds the cost of finishing the work, including compensation for the Architect's additional services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor MBR CONSTRUCTION, INC. Page 28 of 41 177 shall pay the difference to the City. This obligation for payment shall survive the termination of the Contract. 12.2.2.3. In the event the employment of the Contractor is terminated by the City for cause pursuant to Subparagraph 12.2.2 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Subparagraph 12.2.1 and the provisions of Subparagraph 12.2.1 shall apply. ARTICLE XIII INSURANCE 13.1. Contractor agrees, at its sole expense, to maintain on a primary, noncontributory basis during the life of this Contract, or the performance of work under this Project, insurance coverages, limits, and endorsements as required herein. The Contractor agrees the insurance requirements herein as well as City's review or acknowledgement, is not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Contract. Any coverage maintained by the City shall apply excess .of, or contingent upon the absence of, other insurance required or maintained by Contractor. All insurance policies and bonds required by this Contract shall be issued by an insurance company, acceptable to the City and authorized to do business in the State of Florida with an A.M:Best rating of B+ or better. 13.2. Commercial General Liability. Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1 Each Occurrence $2,000,000 Annual Aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach as an Additional Insured. Coverage must be offered in a 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 shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: • Premises and Operation; • Independent Contractors; • Products and/or Completed Operations Hazard; • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this Contract, including any hold harmless and/or Indemnification Agreement; • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability; • $5,000,000 Umbrella/Excess Liability over and above and following the above mentioned General Liability & Business Automobile Liabilities. 13.3. Business Automobile Liability. Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than One Million Dollars ($1,000,000.00) per Occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned, Non -Owned & Hired automobiles, and Employer'sNon-City ship. MBR CONSTRUCTION, INC. Page 29 of 41 178 13.4. Worker's Compensation & Employer's Liability. Contractor agrees to maintain Worker's Compensation & Employers Liability Insurance in accordance with Florida Statutes, including Employer's Liability of One Million Dollars ($1,000,000.00.) 13.5. Omitted. 13.6. Builder's Risk Insurance. Contractor, prior to notice to proceed or commencement of Work, whichever occurs first, agrees to maintain Builder's Risk insurance with an amended policy period not less than the Contract Time, plus three (3) months, affording coverage to protect the insurable interests of the City, Contractor, sub -contractors, including property acquired under a sales tax incentive program, property in transit, and property on or off -premises, which shall become part of the Work. Coverage shall be written on an All -Risk, Replacement Cost, and Completed Value Form basis in an amount at least equal to one -hundred 100% of the projected completed value of the Work, as well as subsequent modifications of that sum due to Change Orders, with a deductible of not more than $50,000 per claim. 13.7. Additional Insured Endorsement. Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following Additional ;nsured endorsement, or similar endorsement providing equal or broader Additional Insured coverage, the CG 20 10 07 04 or GC 20 10 04 13 Additional Insured - Owners, Lessees, or Contractors — Scheduled Person or Organization endorsement in combination with the additional endorsement GC 20 37 10 01 or GC 20 37 04 13 Additional Insured — Owners, Lessees, or Contractors — Completed Operations. The name of the organization endorsed as Additional Insured for all endorsements shall read "City of Sunny Isles Beach". 13.8. Waiver of Subrogation. Contractor agrees by entering into this written Contract to a Waiver of Subrogation in favor of the City, Contractor, Sub -Contractors, Architects, or Engineer for each required policy providing coverage during the life of this Contract. When required by the insurer, or should a policy condition not permit the Contractor to enter into a pre -loss Contract to waive subrogation without an endorsement, the Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or an equivalent endorsement. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition that specifically prohibits such an endorsement, or voids coverage should the Contractor enter into such Contract on a pre -loss basis. 13.9. Right to Revise or Reject. Contractor agrees the City reserves the right, but not the obligation, to review or revise any insurance requirement, not limited to limits, coverages and endorsements based on insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work / specifications affecting the applicability of coverage. Additionally, the City reserves the right, but not the obligation, to review and reject any insurance policies failing to meet the criteria stated herein, or any insurer(s) providing coverage due of its poor financial condition or failure to operating legally in the State of Florida. In such events, City shall provide Contractor written notice of such revisions or rejections. 13.10. Certificate of Insurance. Contractor agrees to provide City a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when a manuscript notice endorsement is available by Contractor's insurer. If the Contractor receives a non -renewal or cancellation notice from an insurance carrier affording coverage required MBR CONSTRUCTION, INC. Page 30 of 41 179 herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City by fax or email within five (5) business days with a copy of the non -renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder(s) address shall read: Original to: City of Sunny Isles Beach Risk Management Division Attn: Risk Manager 18070 Collins Avenue Sunny Isles Beach, FL 33160 YLondono@sibfl.net 13.11. Other Terms. City shall have the right, but not the obligation, of prohibiting Contractor from entering the Project site until a new Certificate of Insurance is provided to the City evidencing the replacement coverage. The Contractor agrees the City reserves the right to withhold payment to Contractor until evidence of reinstated or replacement coverage is provided to the City. If the Contractor fails to maintain the insurance as set forth herein, the Contractor agrees the City shall have the right, but not the obligation, to purchase replacemehtunsurance, which the Contractor agrees to reimburse any premiums or expenses incurred by the City. ARTICLE XIV MISCELLANEOUS 14.1 Governing Law/Jurisdiction/Venue 14.1.1. The Contract shall be governed by the laws of the State of Florida. Except as set forth in Article 7, should the parties be involved in legal action arising under, or connected to, this Contract, each party will be responsible for its own attorneys' fees and costs. The venue for any litigation will be Miami -Dade County, Florida. 14.2 Successors and Assigns 14.2.1. The City and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the City. As a condition to any assignment, the assignee shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements in this Contract. 14.3 Public Construction Bond 14.3.1. The Contractor shall furnish a Public Construction Bond to the City, as an Obligee, in an amount not less than one hundred percent (100%) of the Contract Price. The bond furnished by the Contractor shall incorporate by reference the terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the Price is adjusted by Change Order executed by the Contractor, the penal sum of the bond shall be deemed increased by like amount. The bond furnished by the Contractor shall be in form required by the City and in conformity with Section 255.05, Florida Statutes, shall be recorded in the Public Records of Miami -Dade County before construction commences, and shall be executed by a surety, or sureties, reasonably suitable to the MBR CONSTRUCTION, INC. Page 31 of 41 180 City. The Performance and Payment Bond shall continue in effect through the contract term. The bonds shall be with a surety company authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The Bond shall guarantee all work and materials furnished under the Contract including losses resulting from defects in the materials or improper performance of Work under the Contract that may appear or be discovered during performance of the Work or during any applicable warranty period after completion of all Work, and for latent defects. 14.4 Non -Discrimination 14.4.1. The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, national origin, sex, gender identity, sexual orientation, age, disability/handicap, religion, family or income status. 14.5 Discriminatory Vendor List 14.5.1. Pursuant to Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases 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. By execution of this Contract, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. 14.6 Public Entity Crimes 14.6.1. Pursuant to Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. By execution of this Contract, Contractor represents that it has not been placed on the convicted vendor list as provided in Section 287.133, Florida Statutes. 14.7 Scrutinized Company Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One MBR CONSTRUCTION, INC. Page 32 of 41 181 Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 14.8. E -Verify Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e- verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." 14.9. Human Trafficking Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as Attachment `B," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. MBR CONSTRUCTION, INC. Page 33 of 41 182 15.1. Notice 15.1.1. In order for a notice to a party to be effective under this Contract, notice must be sent via U.S. certified mail, overnight delivery, or hand delivery to the addresses listed below and shall be effective upon mailing if sent by certified mail or overnight delivery and effective upon receipt if hand delivered. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this Section. If to Contractor: Michael Boss, President 1020 NW 51St Street Fort Lauderdale, FL 33309 Tel: (954) 486-8404 mbossgmbconstruction.com If to City: Stan Morris, City Manager 18070 Collins Avenue Sunny Isles Beach, FL 33160 smorrisgsibfl.net With a copy to: City Attorney City Attorney's Office 18070 Collins Avenue Sunny Isles Beach, FL 33160 aboileau a,ngnlaw.com ARTICLE XV WAIVER OF JURY TRIAL 15.2. City and Contractor hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract, arising out of, under, or in connection with the construction of the Work, or any course of conduct, course of dealing, statements (whether verbal or written) or the actions or inactions of any party. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] [SIGNATURE PAGE TO FOLLOW] MBR CONSTRUCTION, INC. Page 34 of 41 183 AS TO CONTRACTOR: MBR CONSTRUCTION, INC, By: Ichael s, President STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this � day of October 2024, by Michael Boss, as President of MBR Construction, Inc. ,WENOY BROCCOLIar MY COMMISSION#HH26N (SEAL) .,�f--'5 RES;August28, 2028 Notary,lNiblic, State of Florida (Signature of Notary Public) (Print, Type, oI Stamp Commissioned Name of Notary Public) Personally Known _ or Produced Identification _ Type of Identification Produced: [ADDITIONAL SIGNATURE PAGE TO FOLLOW] MBR CONSTRUCTION, INC. Page 35 of 41 CMC (Sity Clerk AS TO CITY: CITY OF S BY: ISLES BEACH Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY: Department Head Afain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney MBR CONSTRUCTION, INC. Page 36 of 41 185 S"INY If(FI h 1(1 I . ;oT CONTRACTOR ANTI -BOYCOTT CERTIFICATION Cott oI SV II tNG [PURSUANT TO FLORIDA STATUTE § 287.1351 I, Michael R Boss , on behalf of MBR Construction Print Name Company Name certifies that MBR Construction, Inc. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. %t nature President Title 10/25/2024 Date E -Verify Affidavit Florida Statute 448.0 directs ail public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security s E erify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E erify system. Florida Statute 448.0 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. n accordance with Florida Statute 448.0 . , all contractors doing business with the City of Sunny sles each are re uired to verify employee eligibility using the E erify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also re uire and maintain the statutorily re uired affidavit of its subcontractors. t is the responsibility of the awarded vendor to ensure compliance with E erify re uirements (as applicable). To enroll in E erify, employers should visit the E erify website (https://www.e-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the Forms for inspection. y affixing your signature below you hereby affirm that you will comply with E erify re uirements. MBR Construction, Inc. Company Name 10/25/2024 Of�r-S gnature Date Michael R Boss Print Name 65-0373938 Federal Employer dentification Number (FE N) President Title Sworn to and subscribed before me on this this , _day of (—> c -V 2024. y k c\. U�--M —s W/ s personally known to me , O Has produced Identification (type of identification produced: ) Signature'FfNa(ary Public WENDYBROCCOLI MY COMMISSION # HH 268804 EXPIRES: August 28,2026 or Stamp tion Date Syp1NY ISR � n U Y s 09. °I s',t'"° Affidavit of Compliance with Anti -Human Traffickina Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: October, 25th , 2024 Entity: MBR Construction, Inc STATE OF V)o1 COUNTY OF tD\,..) i Signed: Na e: Michael R Boss Title: President The foregoing instrument was acknowledged before me, by means of ysical presence or .0 online notarization, this day of c. V20_, by as -e 1 for C__ , who is personally known to me or who has produced as identification. T^-' Notary Public Signature. '�" •" . t I State of Florida at Large (Seal) W 64O ISSION # HH 258804 EXPIRES: August 28, 2028 °f Ft• Print Name: IlAy commission expires: CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707| sibfl.net| Purchasing@sibfl.net INVITATION TO BID Construction Services ITB # 24-07-01 CONSTRUCTION OF INTRACOASTAL SPORTS PARK RELEASE DATE: THURSDAY, JULY 25, 2024 FRIDAY, AUGUST 2, 2024 AT 2:00 PM VIRTUAL NON-MANDATORYZOOM VIRTUAL MEETING: PRE-BID MEETING https://us02web.zoom.us/j/87606821883 ALL QUESTIONS DUE: FRIDAY, AUGUST 9, 2024 AT 5:00 PM SUBMISSION DUE DATE: THURSDAY, AUGUST 29,2024AT 11:00 AM RESPONDENTS SHALL SUBMIT ALL BIDS ELECTRONICALLY THROUGH SUBMIT ELECTRONIC BIDS TO: WWW.DEMANDSTAR.COM. THE CITY IS ONLY ACCEPTING ELECTRONIC SUBMITTALS VIA DEMANDSTAR AT WWW.DEMANDSTAR.COM 1 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707| sibfl.net| Purchasing@sibfl.net TABLE OF CONTENTS PAGE NO. TABLE OF CONTENTS LEGALADVERTISEMENT/NOTICE TO FIRM3 GENERAL TERMS & CONDITIONS4 SPECIAL TERMS & CONDITIONS 10 SCOPE OF WORK / TECHNICAL SPECIFICATIONS 22 PROPOSAL FORMAT23 BID SUBMITTAL FORM 32 ATTACHMENTS- MUST BE REVIEWED BY BIDDERS ATTACHMENT A – Price Sheets Civil and Building ATTACHMENT B – Civil & BuildingConstruction Set ATTACHMENT C- R eport of Subsurface Exploration & Geotechnical Engineering Study ATTACHMENT D – Sports Lighting Design AFFIDAVITS BID BOND AND PERFORMANCE BOND NON-COLLUSIVE AFFIDAVIT PUBLIC ENTITY CRIMES EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT CONFLICT OF INTEREST STATEMENT DISPUTE DISCLOSURE FORM ANTI-KICKBACK AFFIDAVIT ANTI-BOYCOTT CERTIFICATION E-VERIFY AFFIDAVIT AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS 2 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707| sibfl.net| Purchasing@sibfl.net LEGAL ADVERTISEMENT NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. CONSTRUCTION OF INTRACOASTAL SPORTS PARK INVITATION TO BID NO. 24-07-01 The Specifications for this INVITATION TO BID are available from DemandStar by calling (800) 711-1712 or by . The Bid Specifications may also be examined at the City of accessing their website at www.demandstar.com Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Any addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. Sealed Bids will be received electronically via DemandStar.com no later than THURSDAY, AUGUST 29, 2024 AT 11:00 AM. Bids received after this time will not be considered. The City is under no obligation to return bids. Timely submitted Bids will be opened publicly and names of bidders read aloud at this time. INVITATION TO BID NO. 24-07-01 CONSTRUCTION OF INTRACOASTAL SPORTS PARK OPENING DATE AND TIME: THURSDAY, AUGUST 29, 2024 AT 11:00 AM The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. Potential and actual proposers shall not solicit or otherwise communicate in any manner whatsoever, directly or indirectly, with the City Council, City Manager, evaluation committee members, or City staff, other than Purchasing Division personnel, regarding this ITB from the time of the ITB initial release through the award. The City will host a non-mandatory pre-bid conference on FRIDAY, AUGUST 2, 2024 AT 2:00 PM virtually. Zoom link: https://us02web.zoom.us/j/87606821883 All questions regarding this bid shall be directed in writing by FRIDAY, AUGUST 9, 2024 AT 5:00 PM. Questions may be submitted via email to: Purchasing@sibfl.net. Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier. Mauricio Betancur, CMC, City Clerk 3 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707| sibfl.net| Purchasing@sibfl.net SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: The entire proposal Response package shall be submitted electronically via Demandstar.com no later than the time and date Any questions concerning the Bid Specifications or any required need indicated on the cover page. for clarification must be addressed to Purchasing at Purchasing@sibfl.netby the date mentioned above. Interpretations 1.8BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar The entire proposal Response package shall be submitted (www.demandstar.com) to all parties listed on the official plan electronically via Demandstar.com no later than the time and date holders’ list as having received the Bid documents. Only questions indicated on the cover page. answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance 1.9 WITHDRAWAL OF BIDS: or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time Proposers may withdraw Bids only by written request and shall as publicly noted.forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to the Bid opening time. Negligence on the 1.2 PLAN HOLDER’S LIST: part of the Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each REQUEST FOR 1.10 BID OPENING: PROPOSALS, INVITATION TO BID, and request for qualifications. or by Bids will be opened publicly at the time and place stated in the Notice The information is available on-line at www.demandstar.com calling the Office of the City Clerk at (305) 792-1703. to Bidder. It is the responsibility of the proposers to insure that the Bid reaches the Office of the City Clerk on or before the closing hour 1.3 ADDENDA TO SPECIFICATIONS:and date stated on the INVITATION TO BID. After the Bid opening, the contents of the Bid Form will be made public for the information If any addenda are issued after the initial specifications are released, of vendors and other interested parties who may be present either the City will post and disseminate the addenda through DemandStar. in person or by representative. Bids that are received after the Bid For those projects with separate plans, blue prints, or other materials opening time will not be considered and will not be returned. that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered 1.11 EVALUATION OF BIDS: proposers (those who have been registered as receiving a Bid The City, at its sole discretion, reserves the right to inspect any/all package) receive the documents. It is the responsibility of the Proposers facilities to determine their capability of meeting the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any requirements for the Contract. Also, price, responsibility, and addenda issued. The receipt of all addenda must be acknowledged responsiveness of the Proposers, the financial position, experience, on the Bid Response Sheet. staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local 1.4 SPECIAL ACCOMMODATIONS: governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should 1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's call the Office of the City Clerk at (305) 792-1703 at lease five (5) officials and employees harmless and covenant not to days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you sue the City, it's officials and employees in reference to are hearing or speech impaired, please contact the Office of the City their decisions to reject, award, or not award a Bid, as Clerk by calling the City of Sunny Isles Beach using the Florida Relay applicable. Service which can be reached at 1(800) 955-8771 (TDD).1.11.2 Cancellation: Failure on the part of the Proposers to comply with the conditions, specifications, 1.5 PUBLIC ENTITY CRIMES STATEMENT: requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. Pursuant to the provisions of paragraph (2) (a) of section 287.133, 1.11.3 Disputes: If any dispute concerning a question of fact Florida statutes -"a person or affiliate who has been placed on the arises under the Contract, other than termination for convicted vendor list following a conviction for a public entity crime default or convenience, the Contractor and the City may notsubmit a Bid on a contract to provide any goods or services department responsible for the administration of the to a public entity, may not submit a Bid on a contract with a public Contract shall make a good faith effort to resolve the entity for the construction or repair of a public building or public dispute. If the dispute cannot be resolved by work, may not submit Bids on leases of real property to a public agreement, then the department with the advice of the entity, may not be awarded to perform work as a Contractor, City Attorney shall resolve the dispute and send a supplier, sub-Contractor, or consultant under a contract with any written copy of its decision to the Contractor, which public entity, and may not transact business with any public entity in shall be binding on both parties. excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed 1.12 AGREEMENT: on the convicted vendor list”. After the Bid award, the City will, at its option, prepare an Agreement 1.6 BID DEADLINE: specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of Bids must be submitted no later than the time and date shown within the award by the City to execute the Agreement and provide the this document.required Performance Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be 1.7 ELECTRONIC BID: subject to and contingent upon the availability of funds lawfully 4 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net expendable for the purposes of the agreement for the current and Successful Proposers shall act as agent for the City in the follow-up any future periods provided for within the Bid specifications.and compliance of all items under Warranty/Guaranty and complete all forms for Warranty/Guarantee coverage under this Contract. 1.13 PAYMENTS: 1.21 COPYRIGHTS/PATENT RIGHTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract Proposers warrants that there has been no violation of copyrights or and/or purchase order. Invoices must bear the purchase order patent rights in manufacturing, producing or selling of goods shipped number. or ordered, as a result of this Bid. The seller agrees to indemnify City from any and all liability, loss, or expense occasioned by any 1.14 BRAND NAMES: such violation. If a brand name, make, of any "or equal" manufacturer trade name, 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE or vendor catalog is mentioned whether or not followed by the words REGISTRATION): "approved equal" it is for the purpose of establishing a grade or The contractor shall be responsible for obtaining and maintaining quality of material only. Vendor may offer equals with appropriate identification, samples, and/or specifications on such item(s). The throughout the contract period his or her city and county local City shall be the sole judge concerning the merits of items Bid as business tax receipts. Each vendor submitting a Bid on this equals.INVITATION TO BID shall include a copy of the company’s local business tax/occupational license(s) with the Bid response. For 1.15 MATERIAL: information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing Material(s) delivered to the City under this Bid shall remain the at (305) 792-1705. If the contractor is operating under a fictitious property of the seller until accepted to the satisfaction of the City. name as defined in Section 865.059, Florida Statutes, proof of In the event materials supplied to City are found to be defective or current registration with the Florida Secretary of State shall be do not conform to specifications, the City reserves the right to return submitted with the Bid. A business formed by an attorney actively the product(s) to the seller at the seller’s expense. licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the 1.16 SAMPLES: Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial Samples of items, when required, must be furnished by the entity that is actively organized or registered with the Department of Proposers free of charge to the City. Each individual sample must State shall submit a copy of the current licensing from the be labeled with the Proposers name and manufacturer's brand name appropriate agency and/or proof of current active status with the and delivered by them within ten (10) calendar days of Proposers Division of Corporations of the State of Florida. receipt of the “Notice to Proceed”, unless schedule indicates a different time. If samples are requested subsequent to the Bid 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: opening, they should be delivered within ten (10) calendar days of Proposers shall assume the full duty, obligation, and expense of the request. The City will not be responsible for returning samples. obtaining all necessary licenses, permits, inspections, and insurance 1.17 QUANTITY GUARANTY: required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) No guaranty or warranty is given or implied by the City as to the total or any person the Proposers has designated in the completion of amount that may or may not be purchased from any resulting their contract as a result of the Bid. Contractor shall be required to Contract or Award. These quantities are for Bid purposes only and furnish a copy of all licenses, certificates of competency or other will be used for tabulation and presentation of the Bid. The City licensor requirements necessary to practice their profession as reserves the right to increase or decrease quantities as required, required by Florida State Statute, Miami-Dade County, and City of even significantly. The prices offered herein and the percentage rate Sunny Isles Beach Code. Contractors shall include current Miami- of discount applies to other representative items not listed in this Bid.Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid response. Failure to furnish 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:these documents or to have required licensor will be grounds for rejecting the Bid. In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or 1.24 CERTIFICATE(S) OF INSURANCE: performance of the items offered on this Bid prior to their delivery, Proposers shall furnish to the Office of the City Clerk, City of Sunny it shall be the responsibility of the successful Proposers to notify the City at once, indicating in their letter the specific regulation which Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, required an alteration. The City of Sunny Isles Beach reserves the certificate(s) of insurance which indicate that insurance coverage has right to accept any such alteration, including any price adjustments been obtained from an insurance company authorized to do business occasioned thereby, or to cancel at no further expense to the City.in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this 1.19 SAFETY STANDARDS: document, in an amount equal to 100% of the requirements and shall be presented to the City prior toissuance of any Contract(s) or The Proposers warrants that the product(s) supplied to the City Award(s) Document(s). The City of Sunny Isles Beach shall be conforms in all respects to the standards set forth in the occupational named as "additional insured" with respect to this coverage. The safety and health act (OSHA) and its amendments. Bids must be required certificates of insurance shall not only name the types of accompanied by a materials data safety sheet (MSDS) when policies provided, but shall also refer specifically to this Bid and applicable. Contractor shall take all necessary precautions for the section. At the time of Bid submission the Proposers must submit safety of employees, and shall erect and properly maintain at all certificates of insurance as outlined in the General Conditions times all necessary safeguards for the protection of the employees section. All required insurances shall name the City of Sunny Isles and the public. Contractor shall follow all OSHA SafetyStandards. Beach as additional insured and such insurance shall be issued by Danger signs warning against hazards created by his/ her operation companies authorized to issue insurance in the State of Florida. It and work in progress must be posted. shall be the responsibility of the Proposers and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, All employees of the contractor shall be expected to wear safety or material modification of any insurance policies insuring the glasses or goggles, appropriate clothing, and hearing protection Proposers, which relate to the activities of such vendor and the City when and wherever applicable. The contractor shall use only of Sunny Isles Beach. Such notification shall be in writing, and shall equipment that is fully operational and in safe operating order. be submitted to the City finance support service director thirty (30) Contractor shall be especially careful when servicing property when days prior to cancellation of such policies. This requirement shall be pedestrians and/ or vehicles are in close proximity — work shall reflected on the certificate of insurance. Failure to fully and cease until it is safe to proceed. satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to 1.20 WARRANTIES: implement a rescission of the Bid award without further City Commission action. The Proposers hereby holds the City harmless 5 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net and agrees to indemnify City and covenants not to sue the City by Proposers or Bidders: Any person, firm or corporation virtue of such rescission.submitting a Bid for Work. 1.25 ASSIGNMENT: Bonds: Bid, performance bond and other instruments of security, furnished by the The Contractor shall not transfer or assign the performance required Contractor and their surety in accordance by this Bid without prior written consent of the City Manager. Any with the Contract Documents and in award issued pursuant to the INVITATION TO BID and monies which accordance with the law of the State of may be due hereunder are not assignable except with prior written Florida. approval of the City Manager. Further, in the event that the majority ownership or control of the Contractor changes hands subsequent to Change Order: A written order to the Contractor signed the award of this contract, Contractor shall promptly notify City in by the City authorizing an addition, writing (via United States Postal Service – Certified Mail, Return deletion or revision in the Work, or an Receipt Requested) of such change in ownership or control at least adjustment in the Contract Price or the thirty (30) days prior to such change and City shall have the right to Contract Time issued after execution of terminate the contract upon sixty (60) days written notice, at City’s the Agreement. sole discretion. City:City of Sunny Isles Beach, 18070 Collins 1.26 HOLD HARMLESS/INDEMNIFICATION: Avenue, Sunny Isles Beach, Florida 33160. The Contractor shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and Contract Documents: Contract Documents shall include, against any claims, demands or causes of action of whatsoever kind Instructions to Proposers, Contractor's or nature arising out of error, omission, negligent act, conduct, or Bid, the Bonds, the Notice of Award, the misconduct of the Contractor, their agents, servants or employees in Agreement between the City and the provision of goods or the performance of services pursuant to Contractor as well as any addenda this Bid and / or from any procurement decision of the City including thereto, these General Conditions, without limitation, awarding the Contract to the Contractor.Special Conditions, the Technical Specifications, Drawings and 1.27 NON-CONFORMANCE TO CONTRACT: Modifications, Notice to Proceed, Invitation to Bid, Insurance Certificates, The City of Sunny Isles Beach may withhold acceptance of, or reject Change Orders and Acknowledgment of items which are found upon examination, not to meet the Conformance with the City of Sunny Isles specification requirements. Upon written notification of rejection, Beach. items shall be removed withinfive(5) calendar days by the vendor at their own expense and redelivered at their expense. Rejected Contract Price: The total monies payable to the goods left longer than thirty (30) calendar days will be regarded as Contractor under the Contract abandoned and the City shall have the right to dispose of them as Documents. its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contractor being found in Contract Time: The number of calendar days stated in default. the Agreement for the completion of the Work. 1.28 DEFAULT PROVISION: Contracting Officer: The individual who is authorized to sign In case of default by the Proposers, the City of Sunny Isles Beach the contract documents on behalf of the may procure the articles or services from other sources and hold the City’s governing body. Proposers responsible for any excess costs occasioned or incurred thereby. Contractor: The person, firm or corporation with whom the City has executed this 1.29 SECONDARY/OTHER VENDORS: Agreement. The City reserves the right in the event the primary vendor cannot Day: A calendar day of twenty-four hours provide an item(s) or service(s) in a timely manner as requested, to measured from midnight to the next seek other sources without violating the intent of the Contract. midnight. 1.30 DEFINITIONS: Field Order: A written order issued by the City which clarifies or interprets the Contract Wherever used in these General Conditions or in the other Contract Documents or orders minor changes in Documents, the following terms shall have the meaning indicated the Work. which shall be applicable to both the singular and plural thereof: Modification: Modification means any one of the Acceptance:Acceptance by the City of the Work as following: (a) a written amendment of being fully complete in accordance with the Contract Documents signed by both the Contract Documents subject to parties, (b) a Change Order, (c) a written waiver of claims. clarification or interpretation if issued by the City, or (d) a written order for minor Agreement: The written Agreement between the City change or alteration in the Work issued and the Contractor covering the Work to by the City. A modification may only be be performed, which includes the issued after execution of the Agreement. Contract Documents. Notice of Award: The written notice by City to the apparent Addenda: Written or graphic instruments issued successful Proposers stating that upon prior to the Bid Opening which modify or compliance with the conditions precedent interpret the Contract Documents, to be fulfilled by him within the time Drawings and Specifications, by addition, specified, City will execute and deliver deletions, clarifications or corrections.the Agreement to him. Approved: Means approved by the City. Samples: Physical examples which illustrate materials, equipment or workmanship Bidor Proposal:The offer of the Bidders/Proposers and establish standards by which the submitted on the prescribed form setting Work will be judged. forth the prices for the Work to be performed. Specifications:Those portions of the Contract Documents consisting of written 6 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net technical descriptions of materials, they will give the City prompt written notice thereof, and any equipment, construction systems, necessary changes shall be adjusted by an appropriate modification. standards and workmanship as applied to If the Contractor performs any Work knowing it to be contrary to the Work. such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. Statement of Services: The form furnished by the City which is to be used by the Contractor in 1.34 TAXES: requesting progress payments. The City of Sunny Isles Beach is exempt from sales tax imposed by Supplier: Any person or organization who supplies the State and/or Federal Government. Florida Sales Tax Exemption materials or equipment for the Work, No. 23-00-477131-54C appears on each purchase order. Exemption including that fabricated to a special certificates are available upon request. design, but who does not perform labor at the site. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: Work: Any and all obligations, duties and In consideration of the separate sum of twenty-five dollars ($25.00) responsibilities necessary to the and other valuable consideration, the Contractor shall defend, successful completion of the Project indemnify and hold harmless the City, its officers, agents and assigned to or undertaken by Contractor employees, from or on account of any injuries or damages, received under the Contract Documents, including or sustained by any person or persons during or on account of any all labor, materials, equipment and other operations connected with the Work described in the Contract incidentals, and the furnishing thereof. Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on Written Notice: The term “Notice” as used herein shall account of any act or omission of the said Contractor or his Sub- mean and include all written notices, Contractor, agents, servants or employees. The Contractor will demands, instructions, claims, approvals defend, indemnify and hold harmless the City and their agents or and disapproval’s required to obtain employees from and against all claims, damages, losses and compliance with Contract requirements. expenses including attorneys' fees arising out of or resulting from Written notice shall be deemed to have the performance of the Work, provided that any such claim damage, been duly served if delivered in person to loss or expense (a) is attributable to bodily injury, sickness, disease the individual or to a member of the firm or death, or to injury to or destruction of tangible property (other or to an officer of the corporation for than Work itself) including the loss of use resulting wherefrom and whom it is intended, or to an authorized (b) is caused in whole or in part by any negligent act or omission of representative or such individual, firm, or the Contractor, Sub-Contractor, anyone directly or indirectly corporation, or if delivered at or sent by employed by any of them or anyone for whose acts any of them may registered mail to the last business be liable, regardless of whether or not it is caused by a party address known to them who gives the indemnified hereunder. In the event that a court of competent notice. Unless otherwise stated in jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this writing, any notice to or demand upon Work, then in lieu of the above provisions of this section the parties the City under this Contract shall be agree that Contractor shall indemnify, defend and hold harmless the delivered to the City. City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to 1.31 BID AWARD: be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by The City reserves the right to reject any and all Bids at its sole reason of any such claim or demand, Contractor, upon written notice discretion. Bids shall be awarded by the City after the City performs from City shall defend such action or proceeding by counsel all necessary searches, inquiries, exploration, and analysis of the satisfactory to City. The indemnification provided above shall Bids. The ITB shall be awarded to the lowest responsible and obligate Contractor to defend at its own expense or to provide for responsive Bidder whose Bid best serves the interests of and such defense, at City’s option, any and all claims of liability and all represents the best value to the City. No Notice of Award will be suits and actions of every name and description that may be brought given until the City has concluded any investigation(s) as they deem against City, excluding only those which allege that the injuries arose necessary to establish the Proposer’s capability to perform the out of the sole negligence of City, which may result from the Services as described in this RFP, ITB, RFQ or ITQ, as substantiated operations and activities under this Contract whether the Work be by the required professional experience, client references, technical performed by Contractor, its Sub-Contractors, or by anyone directly knowledge and qualifications; and sufficient labor and equipment to or indirectly employed by either. comply with the City’s established standards, as well as the financial capability of the Proposer to perform the Work in accordance with 1.36 DECISIONS ON DISAGREEMENTS: the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any The City will be the initial interpreter of the Technical Specifications. Proposers on the basis of these queries and investigations and who does not meet the City’s satisfaction, even though the firm may be 1.37 CITY MAY TERMINATE: the lowest dollars and cents Bid. In analyzing Bids, the City will also take into consideration client references, past work experience and If the Contractor is adjudged bankrupt or insolvent, or if they make work product, proven ability to satisfactorily perform. If the Contract a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Contractor or for any of their is awarded, the City will issue the Notice of Award and give the property, or if they file a petition to take advantage of any debtor’s successful Proposers a Contract for execution within ninety (90) days act, or to reorganize under bankruptcy or similar laws, or if they after opening of Bids. The City specifically reserves the right to award the contract to a proposer who is not necessarily the lowest dollars repeatedly fails to supply sufficient skilled workmen or suitable and cents proposers on the basis of the results of these queries and materials or equipment, or if they repeatedly fail to make prompt investigation(s). payments to Sub-Contractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any 1.32 EXECUTION OF AGREEMENT: public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract At least twocounterparts of the notarized Agreement,the Documents, then the City may, without prejudice to any other right Certificates of Insurance and such other Documents as required by or remedy and after giving the Contractor and the surety ten (10) the Contract Documents shall be executed and delivered by days written notice, terminate the services of the Contractor and take Contractor to the City within ten (10) calendar days of receipt of the possession of the Project and of all materials, equipment, tools, Notice of Award. construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem 1.33 LAWS AND REGULATIONS: expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid The Contractor will give all notices and comply with all laws, balance of the Contract Price exceeds the direct and indirect costs of ordinances, rules and regulations applicable to the Work. If the completing the Project, including compensation for additional Contractor observes that the Specifications are at variance therewith, professional services, such excess shall be paid to the Contractor. If 7 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net such costs exceed such unpaid balance, the Contractor will pay the The city reserves the right, if a dispute or controversy arises difference to the City. Such costs incurred by the City will be hereunder then such dispute or controversy tosettleby arbitration determined by the City and incorporated in a Change Order. If after in accordance with the procedures, rules and regulations of the termination of the Contractor under this Section, it is determined by American Arbitration Association. The decision rendered by the a court of competent jurisdiction for any reason that the Contractor Arbitrator shall be final and binding upon the parties and judgment was not in default, the rights and obligations of the City and the upon the award rendered by the arbitrator may be entered in any Contractor shall be the same as if the termination had been issued court having jurisdiction. Arbitration shall be held in Miami-Dade pursuant to this document. County, Florida. All costs of arbitration and attorneys’ fees incurred by the parties shall be paid by the non-prevailing party or, if neither 1.37.1 Where the Contractor’s services have been so party prevails on the whole, each party shall be responsible for a terminated by the City said termination shall not affect portion of the costs of arbitration and their respective attorneys’ fees any rights of the City against the Contractor then as may be determined by the court on confirmation. existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Contractor 1.43 PROJECT RECORDS: will not release the Contractor from liability. City shall have right to inspect and copy during regular business 1.37.2 Upon ten (10) days written notice to the Contractor, hours at City’s expense, the books and records and accounts of the City may, without cause (termination for Contractor which relate in any way to the Project, and to any claim convenience)and without prejudice to any other right for additional compensation made by Contractor, and to conduct an or remedy, elect to terminate the Agreement. In such audit of the financial and accounting records of Contractor which case, the Contractor shall be paid for all Work executed relate to the Project. Contractor shall retain and make available to and accepted by the City as of the date of the City all such books and records and accounts, financial or otherwise, termination. No payment shall be made for profit for which relate to the Project and to any claim for a period of three Work which has not been performed. years following final completion of the Project. During the Project and the three year period following final completion of the Project, Contractor shall provide City access to its books and records upon 1.38 MISCELLANEOUS: five days written notice. Proposers acknowledge the following miscellaneous conditions: 1.44 SEVERABILITY: If any provision of the Contract or the application thereof to any 1.38.1 Whenever any provision of the Contract Documents person or situation shall to any extent, be held invalid or requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the unenforceable, the remainder of the Contract, and the application of individual or to a member of the firm or to an officer of such provisions to persons or situations other than those as to which the corporation for whom it is intended, or if delivered it shall have been held invalid or unenforceable shall not be affected at or sent by registered or certified mail, postage thereby, and shall continue in full force and effect, and be enforced prepaid, to the last business address known to them to the fullest extent permitted by law. who gives the notice. 1.45 INDEPENDENT CONTRACTOR: 1.38.2 The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep The Contractor is an independent Contractor under the Contract. one record set of the Contract Documents upon Services provided by the Contractor shall be by employees of the completion of the Project. Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax 1.38.3 The duties and obligations imposed by these General responsibilities, social security and health insurance, employee Conditions, Special Conditions and Supplemental benefits, purchasing policies and other similar administrative Conditions and the rights and remedies available procedures, applicable to services rendered under the Contract shall hereunder, and, in particular but without limitation, the be those of the Contractor. warranties, guarantees and obligations imposed upon Contractor and those in the Special Conditions and the rights and remedies available to the City, shall be in 1.46 PROHIBITION AGAINST CONTRACTING WITH addition to, and shall not be construed in any way as a SCRUTINIZED COMPANIES: limitation of, any rights and remedies available by law, Pursuant to Florida Statutes Section 217.4725, contracting with any by special guarantee or by other provisions of the entity that is listed on the Scrutinized Companies that Boycott Israel Contract Documents. List or that is engaged in the boycott of Israel is prohibited. 1.38.4 Should the City or the Contractor suffer injury or Contractors must certify that the company is not participating in a damage to its person or property because of any error, boycott of Israel. Any contract for goods or services of One Million omission, or act of the other or of any of their Dollars ($1,000,000) or more shall be terminated at the City’s employees or agents or others for whose acts they are option if it is discovered that the entity submitted false documents legally liable, claim shall be made in writing to the other of certification, is listed on the Scrutinized Companies with Activities party within a reasonable time of the first observance in Sudan List, the Scrutinized Companies with Activities in the Iran of such in jury or damage. Terrorism Sectors List or has been engaged in business operations in Cuba or Syria. Any contract entered into or renewed after July 1, 1.39 WAIVER OF JURY TRIAL: 2018 shall be terminated at the City’s option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in City and Contractor knowingly, irrevocably voluntarily and the boycott of Israel. intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, Contractors must submit a certificationattesting to the foregoing, proceeding, lawsuit or counterclaim based upon the Contract which is to be provided by the City upon execution of an Agreement. Documents or the performance of the Work there under. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor 1.40 GOVERNING LAW: of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice The Contract shall be construed in accordance with and governed by to respond in writing and demonstrate that the determination was in the law of the State of Florida.error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error, then the City 1.41 VENUE: shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.47 Prohibition Against Considering Social, Political or 1.42 ARBITRATION: Ideological Interests In Government Contracting 8 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. 1.48 Human Trafficking Pursuant to Section 787.06, Florida Statutes, entitled “Human Trafficking,” a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit an affidavit, signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. End of Section 9 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Section 2 Special Terms and Conditions 2.1 PURPOSE OF THE ITB The City of Sunny Isles Beach (the "City"), a municipality located in Miami-Dade County, Florida, is requesting bids from qualified Contractors (“Bidders,” “Proposers,” “Contractors”) to construct two lighted tennis courts, an operations building and community park with walking paths and workout stations, and associated landscape and irrigation. The project location is 158th -159th St and Collins Avenue, Sunny Isles Beach, FL 33160. The scope of work shall be in accordance with the bid plans, as more particularly described in Attachments A - D, as titled below: ATTACHMENT A – Price Sheets Civil and Building ATTACHMENT B – Civil & Building Construction Set ATTACHMENT C - Report of Subsurface Exploration & Geotechnical Engineering Study ATTACHMENT D – Sports Lighting Design Contractor shall, by careful examination, satisfy itself, to the extent it deems necessary, as to the nature and location of the Work, the conformation of the ground and site, access and transportation of materials, the character, quality and quantity of the materials, storage, handling and disposal of materials, the character and storage of the equipment and facilities needed preliminary to and during the prosecution of the Work, the availability, quantity, and quality of labor, water, and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and hydrology, and nature and quantity of surface and subsurface materials to be encountered; the general and local conditions and all other matters which can in any way affect the performance of the Contract. The budget for this project is $2,700,000. Keith & Associates / Rodriguez Architects are the City’s Consulting Engineers (“Engineer”) and shall serve as agents for the City in all matters pertaining to the work on this Project. No changes in the work or extra charges to the Contract are effective until recommended by the City Engineer and approved by the City in the form of a written change order. The Engineer is precluded from bidding on this Project due to their involvement in the creation of the scope of work. 2.2 MINIMUM QUALIFICATION REQUIREMENTS (MQRS) 1. Please read the MQRs to ensure the bidder meets these requirements prior to submitting a response to this ITB. 2. All Minimum Qualification Requirements (MQRs) must be submitted with bidder’s response. 10 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 3. Bidders that do not comply with MQRs may be determined non-responsive and disqualified. 4. Awarded Contractor will be required to maintain Minimum Qualification Requirement “a” and “d” during the term of the Contract and any Contract renewals. a.The Prime Contractor shall hold the proper license in the State of Florida to perform the Scope of Work set forth within this solicitation to include being registered as a Certified General Contractor with the State of Florida along with registration to conduct business in the State of Florida in all required disciplines.Proposing Bidder must provide a copy of the applicable license(s) with bidresponse. b.The Proposing Bidder must have been awarded Prime Contractor and successfully performed three (3) projects of similar or greater size, scope, and complexity to the specifications of the ITB within the last five (5) years. c. Proposing Bidder shall provide reference letters for no less than three (3) projects in which Contractor served as Prime Contractor for projects similar in size and scope. Please note that the references must be for the same projects in response to MQR “b” above. d. Provide documentation of Proposing Bidder’s total and single project bonding capacity and the name and current financial rating (A.M. Best) of the surety company utilized by your Firm. Provide documentation of your firm’s total and single project bonding capacity and the name and current financial rating (A.M. Best) of the surety company utilized by your firm. Proposing Bidders shall have a single project bonding capability of at least Three Million Dollars ($3,000,000.00) with a surety company with an A.M. Best rating of AA or better. 2.3 VIRTUAL NON-MANDATORY PRE-BID MEETING A virtual pre-bid conference will be held on FRIDAY, AUGUST 2, 2024 AT 2:00 PM via Zoom to discuss the special conditions and specifications included within this solicitation. It is strongly encouraged that bidders interested in bidding attend the Pre-Bid Meeting as a tool to be successful in responding to the City’s project. Zoom: https://us02web.zoom.us/j/87606821883 2.4 EXAMINATION OF SITE Each bidder shall visit the site of the proposed work before submitting a bid and shall fully familiarize themselves with conditions relating to construction and labor so that he or she may fully understand the facilities, difficulties, and restrictions attending the execution of work under the Contract. It will be assumed that the Bidder has investigated and is satisfied as to the conditions of work to be performed and materials to be furnished and shall base Bid on their own opinion of the conditions likely to be encountered, and for the bid price must assume all risk of 11 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net variance, by whomsoever made in any computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. 2.5 CONTRACT TERM The Contractor shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) from the agency directing the Contractor to proceed with the work has been received by the Contractor from the City Manager or designee; provided however, that such notification shall be superseded by any emergency work that may be required in accordance with provisions included elsewhere in this solicitation and resultant contract. In addition to the written NTP, the Contractor must supply the City with the required insurance and bond documents. The project shall be substantially completed within one-hundred and eighty (180) calendar days from the Project initiation specified in the Notice to Proceed and final completion shall be sixty (60) calendar days after Substantial Completion. The total two-hundred and forty (240) calendar days include weekend days and holidays. For the purpose of this project, Final Completion shall be defined at that point after which the City Engineer or their representative, have made and approved the Final Inspection and the Punch List has been completed, and all deliverables have been provided to the City. Failure to complete all the work within the time specified above, including any extension granted in writing by the City, shall obligate the Contractor to pay the City, as liquidated damages and not as a penalty, an amount equal to One thousand five-hundred Dollars ($1,500) for each calendar day of delay in the completion of all the work. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor. 2.6 METHOD OF AWARD The term “lowest responsible and responsive Bidder” as used herein shall mean the Bidder whose bid is the lowest of those Bidders possessing the skill, ability, and integrity necessary for the faithful performance of the work, whose bid best serves the interests of and represents the best value to the City, as determined by the City Commission and/or the City Manager. The bidder will also be evaluated as part of their “responsibleness” on their quality control plan, safety plan, and proposed project schedule. The City reserves the right to utilize any combination of the base bid, add alternates as they so desire to achieve the proper balance between the required improvements, desired improvements, and the City’s available project budget. The City reserves the right to request per unit/each pricing of materials listed on the bid form for clarification or to purchase additional materials. Bidders will be evaluated by relevant experience, preferably with government agencies, successful past performance, no conflicts of interest, approach to the project, and whose bid best serves the interest of and represents the best value to the City in conformity with the criteria set. 12 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The City Manager may also reject all proposals received. Section 62-8 of the City Code provides that the City may consider the following: The ability, capacity, and skill of the vendor to perform the Contract. The character, integrity, reputation, judgment, experience, and efficiency of the vendor. The quality of performance of previous contracts with the City and references. The previous and existing compliance by the vendor with laws and ordinances relating to the Contract. The City also reserves the right to waive minor variations to specifications (interpretation of minor variations will be made by applicable City Procurement personnel). In addition, the City reserves the right to cancel any contract by giving thirty (30) days written notice. The City reserves the right to negotiate the type and cost of specific types of services to be purchased. 2.7 SUB-CONTRACTORS If one or more subcontractors are to be used, the subcontractor must be clearly identified and noted in the submittal when it is submitted. The City must approve any changes in the use of subcontractors in advance and in writing. No such approval will be construed as making the City a party to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No subcontractor will under any circumstances relieve the Proposer of its liability and obligation under any resulting contract. Subcontractor is subject to the same contractual conditions as is the Respondent. The City/City’s Representative shall promptly notify the Contractor, in writing, if either the City or Engineer, after due investigation, has reasonable objections to any subcontractor on said list and does not accept them. Failure of the City or Engineer to make objection to any subcontractor on the list shall constitute acceptance of such subcontractor. After acceptance, no subcontractor shall be changed without written approval by the City and Engineer. 2.8 FIRM BID PRICE If the Bidder is awarded a contract under this solicitation, the prices proposed by the Bidder shall remain fixed and firm during the term of the contract. 2.9 PERFORMANCE AND PAYMENT BOND The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance Bond and Payment Bond in the amount of 100% of the total Bid Price, with the City of Sunny Isles Beach as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after issuance of the Notice of Award by the City. The Performance and Payment Bond shall continue in effect through the contract term. The bonds shall be with a surety company authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 13 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The Performance Bond shall guarantee all work and materials furnished under the Contract including losses resulting from defects in the materials or improper performance of Work under the Contract that may appear or be discovered during performance of the Work or during any applicable warranty period after completion of all Work, and for latent defects, during the time period agreed upon. 2.10DELIVERY & PROTECTION OF MATERIAL AND EQUIPMENT Requirements warrant that lead-times for furnishing and delivery of equipment and supplies will need to be considered to accommodate the project timeframe. Due to long fabrication and delivery lead times, Contractor shall provide to the City a list of equipment required to maintain orderly progress of the Work and those required to order immediately upon NTP. All material must be F.O.B. destination City of Sunny Isles Beach. The Contractor is solely liable and responsible for the purchase, delivery, and installation of all materials and equipment. The contractor will make all arrangements in regards to delivery, storage, installation, and warranty requirements. Contractor will be solely liable for receiving, inspecting, accepting, and replacing any damaged materials or equipment and filing any and all claim with suppliers or transporters. Contractor is responsible for the protection of all materials and equipment from adverse weather conditions, damage, deterioration, and theft until the Work has been accepted by the City. All bidders shall quote prices based on furnished and installed materials. Bidder shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized City representative. 2.11 INSURANCE Comprehensive General Liability Insurance General Liability for Bodily Injury & Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual aggregate on a primary and non-contributory basis, including the City of Sunny Isles Beach as Additional Insured, with a Waiver of Subrogation to the City and a Hold Harmless Agreement. Name The City of Sunny Isles Beach as an “Additional Insured”. Coverage must be offered in a 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 shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: Premises and Operation; Independent Contractors; Products and/or Completed Operations Hazard; Broad Form Property Damage; 14 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. $5,000,000 Umbrella/Excess Liabilityover and above the General Liability, Commercial Automobile Liability and Employers Liability. Coverage should also be follow-form of the scheduled underlying policies” 2.11.2 Business Automobile Liability Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Owned Vehicles; Hired and Non-Owned Vehicles; Employers’ Non-City ship. Before starting the Work, the Bidder will file and make sure that all certificates of insurance required by this document and by the Contract are in the City’s possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. The City shall be named as an additional insured on the above-referenced policies. The Bidder agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub-Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.11.3 Worker’s Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. 4. Workers’ Compensation in accordance with Florida Statute, including Employer’s Liability of $1,000,000. Bidder agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment 2.11.4 Builder’s Risk Insurance – Coverage shall be “All Risk” coverage for one hundred percent (100%) of the completed value of the structure(s), building(s) or addition(s). Where contract calls for install of machinery or equipment, the policy must be endorsed to provide coverage on “All Risk” basis during transit and installation. The policy must be issued with a deductible of not more than $50,000 per claim. 15 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.11.5. Cancellation and Re-Insurance It shall be the responsibility of the bidder and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Proposers, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. 2.12 PROGRESS PAYMENTS Progress payments shall be considered based upon the Contractor’s Applications for Payment submitted to the Project Manager and upon Certificates for Payment subsequently issued to the Owner by the Project Manager. The Owner shall make progress payments to the Contractor on account of the Contract Price subject to the terms and conditions in the resultant Agreement. Each invoice or payment application must be accompanied by all supporting documentation and other information reasonably requested by City, including, but not limited to a Partial Release of Lien or Final Release of Lien as appropriate in the forms set forth in Chapter 713.20, Florida Statutes. Reference herein to Chapter 713, Florida Statutes is for convenience, and shall not be construed as a waiver of sovereign immunity or authority for imposition of liens against public property. Each progress payment shall be reduced by five percent (5%) retainage. Subject to other requirements of the Contract Documents, retainage shall be released after final completion of the Work and City’s receipt of acceptable reports and other documentation including certification of payment to subcontractors, if any, and a Final Release of Lien in the form set forth in Section 713.20, Florida Statutes. Contractor is advised that processing of invoices must follow this schedule, as the City has funding requirements and other payment obligations which may prevent payment of late Statement of Services for that month’s billing cycle. 2.13 DIRECT PURCHASE The City/Owner may, in its discretion, decide to directly purchase specific equipment or materials included in the Contractor’s bid in order to achieve sales tax savings. A change order will be issued to reduce the contract price for the direct purchase(s). Contractor will approve the material quantities and prices for the Purchase Order issued. Materials will be shipped as directed by the Contractor. Contractor will be responsible for storing and protection all direct purchase items. 16 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net The direct purchase of materials and/or equipment by City/Owner does not relieve the Contractor of the responsibility to ensure that the equipment and material so purchased meets the specifications required for the work/project. All direct purchase equipment and materials shall be subject to the same warranties as any materials or equipment purchased or provided by Contractor. 2.14 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA) and applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services. 2.15 PERMITS The Contractor shall obtain and pay for all licenses, permits (please refer to permit fees here) and inspection fees required for this Project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or the Contractor for failure to obtain required licenses, permits or fines shall be borne by the Contractor. Contractor shall be required to furnish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to practice his profession as required by Florida Statutes, Florida Building Code, Miami-Dade County, or City of Sunny Isles Beach Code. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the Bid as non-responsive or otherwise. Contractor shall always have a copy of approved permit and associated plans on the jobsite. It is the Contractor’s responsibility to coordinate notice of commencement, and coordinate with the permitting authority having jurisdiction on any requirements given as a conditional approval of the permitting. Pursuant to Florida Statute Section 218.80, the City hereby discloses that the following licenses, permit and fees and their costs are issued by the City for construction. Licenses, permits and fees applicable to this Project are within the link found below and must be obtained and/or paid by the awarded Bidder. The successful Bidder is responsible to identify and obtain all applicable licenses, permit and pay all such related fees. The costs of all licenses permits and their respective fees applicable to this Project are to be secured and paid for by the awarded Bidder. Click here to view the permit fee schedule. 2.16 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE CONTRACTOR The Contractor shall furnish the following, including but not limited to, all labor, material, equipment, barricading, Maintenance of Traffic (MOT) inclusive of any required off duty police 17 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net officers, adequate supervision, and coordination for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose and meeting or exceeding all permit or industry standard requirements. All material, workmanship, 100% design, testing and equipment shall be subject to the inspection and approval of the City Manager or his designated representative for this project. 2.17 ACCIDENT PREVENTION AND BARRICADES Barricades, cones, construction fencing, temporary construction fencing and off duty police officers, per City regulations and other relevant requirements, shall be provided by the Contractor when work is performed in areas traversed by persons, vehicular traffic or when deemed necessary by the City Manager at no extra cost to the City. CONTINUOUS OFF-DUTY POLICE SUPPORT SHALL BE REQUIRED FOR ALL WORK RESULTING IN MODIFICATIONS TO THE EXISTING TRAFFIC FLOW PATTERNS INCLUDING BUT NOT LIMITED TO LANE CLOSURES AND DETOURS OR WHERE OTHERWISE REQUESTED BY THE CITY. Contractor shall comply with City, State and Federal regulations and permit requirements for the placement of the proper Traffic Control Devices. Precautions shall be exercised at all times for the protection of persons and property. All services performed under this contract shall conform to all relevant regulations as prescribed in the current edition of the Manual of Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation’s Design Standards (DS) and OSHA during the course of such effort. Where requirements vary or conflict, the more stringent shall apply. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor. The Contractor is to maintain appropriate signage, guards, and flagmen for the purpose of safeguarding the general public while work is ongoing. All work shall be completed in a safe and workmanlike manner every day and the Contractor shall secure the site prior to leaving at the end of each and every day. 2.18 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by City, Contractor shall promptly, as directed and at its sole expense, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by City, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 2.19 CHANGE ORDER The Contract may only be changed by a Change Order approved by the City. Any increase or decrease in the Contract Price or adjustment in the Contract Time shall be based on written notice by the Contractor delivered promptly to the City (but in no event later than 18 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net seven (7) days) after the acknowledgement or occurrence of the event giving rise to the claim and stating the general nature of the claim. Within fourteen (14) days thereafter, notice of the amount of the claim with all supporting data shall cover all amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price or Contract Time shall be determined by the City. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price or Contract Time shall be determined by: 1) mutual acceptance of a lump sum (which may include an allowance for overhead and profit) or 2) by application of unit prices contained in the Contract Documents to the quantities of the items involved. The City shall decide, in its sole discretion, whether to issue and agree to a Change Order, and verbal representations or instructions may not be relied upon by the Contractor. 2.20DISCREPANCIES Should a Bidder find discrepancies or ambiguities in, or omissions from, the Drawings or Specifications, or should they be in doubt as to their meaning, they shall at once notify the City in writing. 2.21 DAMAGE TO PUBLIC OR PRIVATE PROPERTY If property (public or private) is damaged while Contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the contractor in a manner acceptable to the City prior to the final acceptance of the work. Contractor will be responsible for applying and securing any permits that may be required to complete such repairs. Such property shall include but not be limited to: existing facilities and all of its components, site amenities, concrete and/or asphalt surfaces, vehicles, structures, sidewalks, curbs and gutters, driveways, utilities, etc. Contractor must provide protection necessary to prevent damage to property being repaired or replaced. If the work site has any pre-existing damage, the Contractor shall notify the Public Works/Capital Projects Department in writing. Failure to do so shall obligate the contractor to make repairs per the above section. 2.22 UTILITY It shall be the responsibility of the Contractor to contact all affected utility owners and determine the precise locations of all utilities prior to beginning construction. Utility owners shall be contacted a minimum of 72 hours prior to the commencement of operations. Special care shall be used in working around or near existing utilities, protecting them when necessary to provide uninterrupted service. In the event that any utility service is interrupted, the Contractor shall notify the utility owner immediately and shall cooperate with the owner, or his representative, in the restoration of service in the shortest time possible. Existing fire hydrants shall be kept accessible to fire departments at all times. 19 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 2.23 FINAL CLEAN-UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or the Work. Upon final completion of the Work and before acceptance and final payment shall be made, the Contractor shall clean and remove from the site and adjacent property, all surplus and discarded materials, rubbish, and temporary structures. The Contractor shall restore in an acceptable manner all property which, has been damaged during the execution of the work. The Contractor shall leave the site and vicinity unobstructed in a neat and presentable condition throughout the entire area. The contractor shall properly dispose, at its own cost, of any waste resulting from the work being performed in an approved facility at an approved site unless otherwise specified in this document. 2.24 E-VERIFY Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security’s E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e- verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. 2.25VALUE ENGINEERING The City is open to any meaningful value engineering that would reduce the overall cost without compromising the integrity. Any innovative idea shall be included in the bid proposal. 2.26 HOURS OF CONSTRUCTION The Contractor shall minimize the impact of this project on the general public ensuring that all service interruptions are kept to a minimum and providing temporary services, structures, and facilities as required. The existing service to the residents and businesses may not be interrupted for more than 4 hours without written permission from the City. The Contractor shall perform work between the hours 7:00 AM and 7:00 PM Monday through Thursday and 7:00 AM – 5:00 20 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net PM on Fridays; and weekends with permission or as restricted by the local jurisdiction. Work outside these hours or on weekends and holidays is prohibited without permission from the City. 2.27 WARRANTY The drainage system supplied and installed for this Project shall be warranted to be free of defects for a period of one (1) year after completion of the Project. 2.28 PUBLIC RECORDS LAW The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of confidentiality or proprietary information in all or any portion of a response will be honored unless a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges the public shall have access at all reasonable times, to all documents and information pertaining to City’s contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosures under applicable law. To the extent that Contractor has been provided access to or has received security sensitive information, as defined by Florida Statutes, Section 119.071 and/or has executed a Confidential Information Acknowledgement and Agreement as part of the ITB process, Contractor shall keep and maintain the security sensitive information as confidential and exempt from public disclosures as required by Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL BID’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES BEACH 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL 33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL AT MBetancur@sibfl.net. END OF SECTION 21 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 3 SCOPE OF SERVICES / TECHNICAL SPECIFICATIONS 3.0 SCOPE OF SERVICE: The City of Sunny Isles Beach (the "City"), a municipality located in Miami-Dade County, Florida, is requesting bids from qualified Contractors (“Bidders,” “Contractors”) to construct two lighted tennis courts, an operations building and community park with walking paths and workout stations, associated landscape and irrigation. The project location is 158th -159th St and Collins Ave, Sunny Isles Beach, FL 33160. 3.1 AS-BUILT RECORDS: A complete set of as-built records shall be kept by the Contractor at the job site. These records shall show all items of construction and equipment which differ in size, shape or location from those shown on the Contract drawings, also any additional work, existing features or utilities revealed by construction work which are not shown on the Contract drawings. These records shall be kept up to date daily. They may be kept on a marked set of Contract drawings to be furnished the Contractor for this purpose, or in any other form which is approved prior to the beginning of the work. They shall be available at all times during construction for reference by the City, and shall be delivered to the City prior to pre-final inspection. 3.2 SHOP DRAWINGS The Contractor shall submit Shop Drawings for all fabricated structures, pipe asphalt mix. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Bid Project. The City Engineer’s approval of the Shop Drawings will be general and shall not relieve the Contractor of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by the City Engineer. Approval shall not relieve the Contractor from responsibility for errors or omissions of any sort on the Shop Drawings. The Contractor shall keep one set of Shop Drawings marked with the City Engineer’s approval at the job site at all times. 22 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 4 BID RESPONSE FORMAT 4.0 FORMAT Submit an electronic bid response on DemandStar.com. All required signatures shall be manual by an authorized representative who has the legal authority to bind the CONTRACTOR in contractual obligations. Each page of the bid should state the name of the CONTRACTOR, the bid number, and the page number. The City reserves the right to request additional data or material to support bid. All material submitted in response to the ITB will become the property of the City. LABEL EACH SECTION AS NUMBERED Minimum Qualification Requirements (MQRS) Bidders must read the MQRs first to ensure you meet these requirements in order to provide a response to this ITB. Bidders that do not meet all the MQRs stated will be determined non- responsive and disqualified from the evaluation process and will not be considered. Bidder must provide all MQRs as requested, in addition to the information requested below. The proposal must be in the following format specifically addressing each criterion below: 1. Company Information In response to this Proposal, all Contractors must provide the following: Name of Agency/Company (including any "Doing Business As" names) Company Locations Internet Web Site Address (if any) Office address and telephone number, email address Proof of insurance Bidder must submit a copy of Florida Division of Corporations Sunbiz report with your company registered as active. W9 Bonding Capacity Letter 2. Qualifications Proposer’s relevant experience, qualifications and past performance An explanation of why the Contractor is the best qualified to perform the contract and demonstrate its qualifications including an item-by-item disclosure outlining how the Contractor meets or exceeds the requirements of this ITB. Provide a brief introduction letter highlighting the overall experience and qualifications of the Contractor with respect to the services requested under this Solicitation. Project list demonstrating this minimum experience and shall include, at a minimum: the project, date of completion, base contract amount, number and amount of change orders, if any, the name, address, and phone 23 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net number of the owner or owner’s representative familiar with the work. Specifically list any projects, either complete or underway, that are located in Miami-Dade, Broward or Palm Beach, Florida Counties. Bidder must address the Minimum Qualification Requirements A – D, per Section 2.2 of ITB. 3. Staffing Relevant experience and qualifications of key personnel, including key personnel of subcontractors, that will be assigned to this project and experience and qualifications of subcontractors • The size and experience of the company staff pool from which staff assigned to the management contract can be drawn. The composition of the staff team that will be assigned to the contract. The names of the employees in the area responsible for this contract Their function in the company. The name of the person who will be responsible for the coordination of work. Experience and qualifications of staff and satisfactory record of performance of staff Each proposal must identify the name(s) and address(es) of all Subcontractors, suppliers and other persons and organizations including those who are to furnish the principal items of material and equipment. If requested by City after Bid Opening and before Award, the successful bidder shall submit to City additional detail on any or all Subcontractors or Suppliers including without limitation, pertinent information regarding similar projects, and other evidence of qualification for each such Subcontractor, Supplier, other persons or organization. 4. Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation must reference: Suitability of the methodologies and approaches used in achieving tasks. Consideration for Maintenance of Traffic Plan. Proposed location for staging of Contractor’s materials and equipment. Overall organization to completing the project. Work plan explaining how they intend on meeting the established deadlines. Bidders are required to provide an Emergency Response Plan with 2 Hour Response for emergency call-outs (submit with bid). Bidder shall specify on the attached Bid Form the estimated response/mobilization time necessary to get crews working after contract award. 24 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Include information on Manufacturers' warranties Value engineering, if applicable Quality assurance and quality control (QA/QC) programs 5. Corporate Standing and Authorized Signatory Respondent must demonstrate that the company is in good standing and that the person signing this submittal is an Authorized Signatory on behalf of the respondent to sign bids, proposals, negotiate and/or sign contracts, agreements, amendments and related documents to which the respondent will be duly bound. The respondent must provide a copy of the State Certificate of good standing listing the officers of the company. If the signatory is not one of the officers listed on the State Certificate, the respondent must provide one of the following forms of evidence of Signatory Authority with its response: a. A copy of firm’s Articles of Incorporation listing the approved signatories of the corporation; b. A copy of a resolution listing the members of staff as authorized signatories for the firm; and c. A letter from a corporate officer listing the members of staff that are authorized signatories for the firm. 6. Litigation History Contractor shall provide a summary of any litigation or arbitration that the Contractor, its parent company or its subsidiaries have been engaged in or are currently engaged in, during the past five (5) years against or involving (1) any public entity in Florida for any amount (2) any private entity for an amount greater than $100,000. The summary shall state the nature of the litigation or arbitration, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. The City may disqualify any Contractor it determines to be excessively litigious. 7. Forms and Attachments Enclosed Forms; Respondent must complete, sign as required, and submit the Addenda and all forms; and Contractor’s Current Certificate(s) of Insurance. 8. Exceptions Bidder must list any exceptions taken to the terms and condition in this ITB. 25 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net QUALIFICATION REQUEST INCLUDE WITH YOUR BID Contractor must list projects of similar project scope fulfilling the following qualification requests: 1. List Project Management Personnel. Personnel cannot be changed without written approval. Project Manager 2. How many years has your organization been in business as a Contractor? 3. List current workload. 4. Is the bidder subcontracting any part of this work? If so, give details to major key subcontractor’s name, address, phone number and type of work to be performed. Also, indicate the percentage of the total work to be performed by the subcontractor. 5. The business is a (sole proprietorship) (partnership) (corporation) and name of owner: 26 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 6. Has your company ever been debarred or terminated for default on a government contract? 7. Identify your debris disposal plan. 8. Bidder must list any exceptions taken to the terms and condition in this ITB. 9. Discuss what strategies the submitter will utilize to keep this project on schedule, considering long lead-times on fabrication. 10. Discuss strategies the submitter will implement to ensure the project is kept on budget. 27 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 12. Have you personally inspected the plans and location, are there any concerns that may impede your performance on this project? 13. Describe the submitter’s attributes, which make the submitter best-suited for this project. END OF SECTION 28 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net REASON FOR “NO BID” For Bidderschoosing NOT to bid/propose on this opportunity, the city appreciates your response using this form. Please return via email to Purchasing@sibfl.net. Why did your firm choose not to respond to this opportunity? Circle all that apply from below list: ____ a. We do not offer these services or equivalent. b. Insufficient time to respond to the solicitation. c. Our project schedule would not permit us to perform. d. Unable to meet requirements. Other: 29 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net DemandStar.com SECTION 5 OPENING: 11:00 A.M. BID SUBMITTAL FORMS AUGUST 29, 2024 PLEASE QUOTE PRICES FURNISHED & INSTALLED, LESS TAXES, PROVIDED TO CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Manager: Date Issued: This ITB Submittal Consists of Genesis Cuevas July 25, 2024 this ITB, Attachments and Exhibits Sealed bids are subject to the Terms and Conditions of this INVITATION TO BID and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal received electronically until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. ITB 24-07-01 INTRACOASTAL SPORTS PARK A bid bond in the amount of 10% of the total amount of the bid will be required with your bid. A Performance Bond in the amount of 100% of the total amount of the bid will be required upon execution of the contract by the successful firm and City of Sunny Isles Beach 30 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net SECTION 6 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II:NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: 31 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net BID SUBMITTAL FORM Bid Title: INTRACOASTAL SPORTS PARK The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Bidder accepts all of the terms and conditions of the Advertisement or INVITATION TO BID and Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposer agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that: The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Proposer. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham Bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work Items for maintenance and/or repair work, complete in place. Estimates are provided for the purposes of Bid Evaluation and to establish unit prices for individual Work to be contracted by the City under individual Purchase Orders, based on the unit prices established under this Bid. The City and the successful Proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. 32 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__ * Signature: __________________________________________________________________ (Signature of authorized agent) Print Name: _________________________ Title:_________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. 33 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net ATTACHMENT A - PRICE SHEET I. Bidder must use the Bid Price Sheet to submit Bidder’s price for this Project. II. Bidder shall hold the unit Bid Prices firm throughout the Contract period. Bidder guarantees response time necessary to have a crew return to correct unfinished or unsatisfactory services. III. The City reserves the right to increase, decrease, and/or choose the items and quantities below for the Project to meet its available budget using the unit prices provided below. IV. Bidder must completely fill out each column below, i.e., unit price and total. V. Not applicable or “N/A” is not acceptable and will cause Bidder to be determined non- responsive. An authorized officer per the Bidders Sunbiz, must sign the Total Bid Price Sheet. VI. The award will be to the lowest responsive responsible Bidder for Total Bid Amount. 34 ITB 24-07-01 INTRACOASTAL SPORTS PARK ITB 24-07-02 Intracoastal Sports Court Complex - City of Sunny Isles Beach, FL BID PRICE SHEET GENERAL CONDITIONS ITEM #ITEMQTYUNITUNIT COSTTOTAL 1Mobilization 1LS 2Maintenance of Traffic 1LS 3Construction Surveying/As-builts 1LS 4Construction Testing 1LS 5Bonds & Insurance 1LS 6Permit Fee 1LS 10,000.00 7Overhead and Profit 1LS General Conditions Subtotal $ PAVING, GRADING AND DRAINAGE ITEM #ITEMQTYUNITUNIT COSTTOTAL Site clearing (sod, landscape, tree removal) 81LS 9F&I Control Structure1EA 10Miscellaneous site work and underground utilities1LS 11Building pad grading1LS 12F&I Drainage Well1EA 13F&I Drainage Structures (Manhole)2EA 14F&I Drainage Structure (Yard Drain)3EA 15F&I Drainage Well 18-inch HDPE410LF 16F&I Drainage Well 12-inch HDPE56LF 17F&I Exfiltration Trench219CY 18F&I Sidewalk341SY 19F&I Type 'D' Curb345LF 20F&I Asphalt (Parking Lot & Tennis Courts)1740SY 21Storm Pollution Prevention Measures1LS 22Regular Excavation (Cut)464CY Paving, Grading and Drainage Subtotal $ WATER AND SEWER ITEM #ITEMQTYUNITUNIT COSTTOTAL 23F&I 2" Water Service HDPE122LF 24F&I 2" Irrigation Line and RPZ1LS 252" BFP1EA 26F&I 6" Sewer line PVC106LF 27Cleanout4EA Water and Sewer Subtotal $ PAVEMENT MARKING ITEM #ITEMQTYUNITUNIT COSTTOTAL 28F&I Pavement Markings & Signage1LS Pavement Marking Subtotal $ HARDSCAPE ITEM #ITEMQTYUNITUNIT COSTTOTAL 294,821 Marble Chip/Shell Aggregate, Standard Grey Concrete, 4" thicknessSF 30983 Style "B" Concrete Paver, 8"x8", Camel Shell StoneSF 31240 Style "C" Concrete Paver, 4"x8", Camel Shell StoneSF 323 Bench: Landscape Forms-Parc Vue, Backless, 72"L x 22"W x 18"HEA 333 Litter Receptacle: Uline-model: H-7234BL(Terrace Trash Can), 32gal, 26"L x 28"W x 38"H EA 342 Bike Rack: Landscape Forms-Ride, 4"W x 28"L x 26"HEA 35534 10'HT Court Fencing, Black Vinyl Coated Chain Link, WindscreenLF Court Cabana Shade Structure, 2 post-black powdercoated frame, shade fabric, 96"L x 361 72"W EA Tubular Barrier Gates for Entry Drive, Hoover Fence Co-"S" Series, Double gate, 24' 371 overall Length EA Heavy Duty Basketball Goal/Backboard: Sports Play, Inc., Bent Post, 4-1/2" Gal Steel 382 Post, 72" x 48" Acrylic Backboard EA Tennis/Multi-Court Surfacing: Sportsmaster Sports Surfacing, standard court system on 3912,084 Asphalt SF Hardscape Subtotal $ LANDSCAPE ITEM #ITEMQTYUNITUNIT COSTTOTAL TREES 407 Bursera simaruba - Gumbo LimboEA 416 Conocarpus erectus - Green ButtonwoodEA 427 Simaruba glauca - Paradise TreeEA PALMS 2 43Phoenix dactylifera - date palm: matchingEA 2 44Sabal palmetto - Cabbage PalmEA 14 45Satakentia liukiuensis - Satake PalmEA 4 46Veitchia montgomeryana - Montgomery PalmEA SHRUBS 47Brunfelsia grandiflora - Yesterday, Today & Tomorrow39EA 48 Chrysobalanus icaco "Horizontalis" - Horozontal Cocoplum48EA 49 Chrysobalanus icaco "Red Tip" - Red Tip Cocoplum105EA 5026 Conocarpus erectus - Green ButtonwoodEA 51962 Ficus microcarpa "Green Island" - Green Island FicusEA 52188 Pennisetum setaceum "Alba" - White Fountain GrassEA 5380 Zamia pumilla - CoontieEA 548,000 Stenotaphrum secundastum - St. Augustine GrassSF SOIL AND MULCH 55144 Planting Soil (6" depth)CY 5633 Mulch (3" depth)CY Landscape Subtotal $ IRRIGATION ITEM #ITEMQTYUNITUNIT COSTTOTAL 5754 Irrigation spray heads, nozzles, swing joints, & fittingsEA 5843 Bubblers, swing joints, & fittingsEA 5946 Rotors, swing joints, & fittingsEA 607 Zone valve assembly & valve boxEA 611 ControllerEA 623,207 Lateral pipeLF 63340 MainlineLF 6480 SleevesLF Irrigation Subtotal $ SITE LIGHTING & ELECTRICAL ITEM #ITEMQTYUNIT UNIT COSTTOTAL 65Tennis Court Sports Lighting1LS 66Parking lot & site light poles, underground feeders, & lighting controls1LS Site Lighting & Electrical Subtotal $ $ SITE WORK GRAND SUB-TOTAL: NOTES: 1. Quantieis were calculated based on construction document plan set dated 7/03/2024. SITE RELATED SCOPE ITEM # QTYUNITUNIT COSTTOTAL 1.00 SPECIALTY EQUIPMENT Not used 1.01 SUBTOTAL $ 2.00 EXISTING CONDITIONS/SITEWORK 2.01 Not used SUBTOTAL $ INTRACOASTAL COURTSPORTS BUILDING ITEM # QTYUNITUNIT COSTTOTAL 3.00 CONCRETE Concrete floor slab1LS 3.01 Concrete beams1LS 3.02 Concrete wall reinforcement / filled cellsLS 1 3.03 Concrete footings1LS 3.04 CONCRETE SUBTOTAL $ 4.00 MASONRY Masonry walls - 8" thickLS 1 4.01 MASONRY SUBTOTAL $ METALS 5.00 Aluminum wall siding1LS 5.01 Vertical aluminum battensLS 1 5.02 Aluminum suspended ceiling panels1LS 5.03 METALS SUBTOTAL $ 6.00WOOD, PLASTICS & COMPOSITES MillworkLS 1 6.01 Misc. rough carpentry1LS 6.02 WOOD, PLASTICS & COMPOSITES SUBTOTAL $ 7.00THERMAL & MOISTURE PROTECTION Roofing and LWC - including all accessoriesLS 1 7.01 Insulation - walls1LS 7.02 Firestopping and smoke sealingLS 1 7.03 Weather Resistant Barrier1LS 7.04 Joint sealantLS 1 7.05 THERMAL & MOISTURE PROTECTION SUBTOTAL $ OPENINGS 8.00 Storefront system1LS 8.01 New single doors - metal w/ hollow metal frame (36" x 84")LS 1 8.02 New double doors - metal w/ hollow metal frame (60" x 84")1LS 8.03 Pass-thru windowLS 1 8.04 OPENINGS SUBTOTAL $ FINISHES 9.00 Interior plaster/stucco (includes lath)1LS 9.01 Epoxy painting (restroom flooring)LS 1 9.02 Architectural finishes / GWB and tile accessories1LS 9.03 New exterior stucco (5/8" min.)LS 1 9.04 Exterior painting (WRB coat)1LS 9.05 Interior paintingLS 1 9.06 5/8" gypsum board wall and ceiling finish1LS 9.07 1/2" Densglass sheathingLS 1 9.08 Wall tile - restrooms1LS 9.09 Suspended acoustical ceiling tileLS 1 9.10 Framing1LS 9.11 Stone wall finishLS 1 9.12 VCT Flooring1LS 9.13 FINISHES SUBTOTAL $ 10.00SPECIALTIES Acess panelsLS 1 10.01 Toilet room accessories (allowance)1LS 10.02 Room ID signsLS 1 10.03 Fire extinguishers1LS 10.04 Sunshade1LS 10.05 Building sign (by City) 10.06 SPECIAL TIES SUBTOTAL $ EQUIPMENT 11.00 Not Used 11.01 EQUIPMENT SUBTOTAL 12.00FURNISHINGS Exterior FurnitureLS 1 12.01 FURNISHINGS SUBTOTAL $ SPECIAL CONSTRUCTION 13.00 Security camera infrastructure only (allowance) - does not include camerasLS 1 13.01 SPECIAL CONSTRUCTION SUBTOTAL CONVEYING 14.00 Not Used 14.01 CONVEYING SUBTOTAL 15.00FIRE SUPPRESSION Not Used 15.01 FIRE SUPPRESSION SUBTOTAL 15.20PLUMBING Water closetsLS 1 15.21 Lavatories1LS 15.22 Exterior electric drinking fountainLS 1 15.23 Hose bibb1LS 15.24 Roof drain & leadersLS 1 15.25 Floor drains1LS 15.26 Sanitary, water, storm systemLS 1 15.27 PLUMBING SUBTOTAL $ HEATING, VENTILATION & AIR CONDITIONING 15.50 Exhaust fans1LS 15.51 HVAC ductwork/supply diffusers/return grillsLS 1 15.52 AHU, controls, VAVs, termination1LS 15.53 HEATING, VENTILATION & AIR CONDITIONING SUBTOTAL $ 16.00ELECTRICAL LED interior lay-in light fixtures (2' X 2')LS 1 16.01 LED interior lay-in light fixtures (2' X 2') - Emergency1LS 16.02 LED pendant/surface mount light fixturesLS 1 16.03 LED pendant/surface mount light fixtures - Emergency1LS 16.04 LED exterior linear light fixturesLS 1 16.05 LED exterior wall mounted light fixtures1LS 16.06 Batt. operated wall mounted emergency lightingLS 1 16.07 Switches1LS 16.08 Exit signsLS 1 16.09 Receptacles/GFI/WP/Data1LS 16.10 Panels/switchgearLS 1 111.01 F/A system1LS 111.02 Lightning protectionLS 1 111.03 Electrical underground1LS 111.04 ELECTRICAL SUBTOTAL: $ $ BUILDING COMPLEX GRAND SUB-TOTAL: $ PROJECT GRAND (BUILDING AND SITE) TOTAL: ALTERNATE OPTIONS NOT INCLUDED ABOVE ALTERNATES SUBTOTAL $ GRAND TOTAL + ALTERNATES $ CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net ATTACHMENT B – CIVIL & BUILDING CONSTRUCTION DOCUMENTS 35 ITB 24-07-01 INTRACOASTAL SPORTS PARK CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net ATTACHMENT C – GEOTECHNICAL REPORT 36 ITB 24-07-01 INTRACOASTAL SPORTS PARK BUUBDINFOUD Uijt!epdvnfou!ibt!cffo!ejhjubmmz!tjhofe boe!tfbmfe!cz; Ejhjubmmz!tjhofe!cz! Bmgsfep!Cvejl Bmgsfep!Cvejl Ebuf;!3135/13/32! 23;47;19.16(11( Qsjoufe!dpqjft!pg!uijt!epdvnfou!bsf!opu dpotjefsfe!tjhofe!boe!tfbmfe-!boe!uif tjhobuvsf!nvtu!cf!wfsjgjfe!po!boz fmfduspojd!dpqjft © © © © © © © lorida lorida lorida 5 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net ATTACHMENT D – SPORTS LIGHTING DESIGN 37 ITB 24-07-01 INTRACOASTAL SPORTS PARK 66(66( 66(66( 66(66( 66(66( CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CD CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net AFFIDAVITS 38 ITB 24-07-01 INTRACOASTAL SPORTS PARK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________ ________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ______________________________________________________________________ TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ (name printed or typed) D ECEMBER 28,2010 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes- "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". This sworn statement is submitted to City of Sunny Isles Beach _____________ by____________________________________________________________________________ \[print individual’s name and title\] for____________________________________________________________________________ \[print name of entity submitting sworn statement\] whose business address is: _______________________________________________________________________________ _______________________________________________________________________________ and (if applicable) its Federal Employer Identificationnumber (FEIN) is_____________________. rn (If the entity had no FEIN, include the Social Security Number of the individual signing this swo statement:_________________________________.) I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural personwho is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair D ECEMBER 28,2010 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. relation to the entity Based on information and belief, the statement which I have marked below is true in submitting this sworn statement. (Indicate which statement applies.) ____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or moreof itsofficers, directors, executives, partners, shareholders, employees, members, oragents who areactive in the management of the entity, or an affiliate of theentityhas beenchargedwith andconvicted ofa public entity crime subsequent toJuly 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: ______________________________________ (Signature) ______________________________________ (PrintedName) ______________________________________ (Title) Sworn to and subscribed before me this ______ day of_______________________, 20_____, by __________________________________________________. (AFFIX NOTARY STAMP HERE) ______________________________________ Signature: ______________________________________ roduced ________________________________10/1998 cation __________ Personally Known __________ OR Produced Identifi City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 D ECEMBER 28,2010 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ___________________ BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn, deposes, and states: I am the _________________________________________________ of __________________________________with a local office in _____________________________ and principal office in _____________________. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described as: . The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. I certify that no member of the entity’s ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this _________ day of _____________________________________, 20. _________________________________ _________________________________ AFFIANTPrint or Type Name and Title Sworn to and subscribed before me this _____ day of ______________________, 20. Personally Known ________ OR Produced Identification ________; Type of Identification _________________________ __________________________________ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 D ECEMBER 28,2010 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 D ECEMBER 28,2010 CONTRACTOR ANTI-BOYCOTT CERTIFICATION \[PURSUANT TO FLORIDA STATUTE § 215.4725\] PERFORMANCE BOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, ___________________________________________________________, as Principal, hereinafter called Contractor, and ________________________, as Surety, are bound to the City of Sunny Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of ________________________________ Dollars ($ _____________) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No, awarded the day of , 20 , with in accordance with contract documents prepared by the City of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 1.Fully performs the Contract between the Contractor and the City for services described within (Bid No. _______________) within calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2.Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains because of default by Contractor under the Contract; and 3.Upon notification by the Citycorrects any and all defective or faulty Work or materials which appear within one and one half (1 1/2) years, and: 4.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. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1.Complete the Contract in accordance with its terms and conditions; or 4.2.Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such Proposers 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 thisparagraph) 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 the City named herein. 9 OF 10 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 do not affect Surety's obligation under this Bond. Signed and sealed this day of, 20 . WITNESS:BY: (Name of Corporation) _________________________ Secretary (Signature) (CORPORATE SEAL) (Type Name and Title Signed Above) IN THE PRESENCE OF; INSURANCE COMPANY: BY: *Agent and Attorney-in-Fact *(Power of Attorney must be attached) (Address) ______________________________ (City/State/Zip Code) ______________________________ (Telephone) STATE OF FLORIDA COUNTY OF _________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________________________ \[name of person\], as __________________________________ \[type of authority\], for ________________________________ \[name of party on behalf of whom instrument was executed\]. AFFIX NOTARY STAMP HERE: ______________________________________ Signature: Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 10 of 10 BIDBOND City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF ____________) KNOW ALL MEN BY THESE PRESENTS, that we,_______________________________ as Principal, and _______________________________________________________, as Surety, are held and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the 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 THISOBLIGATION ISSUCH that whereasthe Principal has submitted the accompanying Bid dated, ______________20for: ______________________________________________________________________. WHEREAS, it was a condition precedent to the submission of said Bid that a cashier’s check or Bid Bond in the amount of ofthe Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract withtheCityfortheperformanceofsaidContract,withinten(10)consecutivecalendardaysafterwrittennoticehavingbeengivenofthe Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this_____________day of________________________,20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. DOCUMENT CONTINUES ONNEXTPAGE IN PRESENCEOF: __________________________________ _________________ Individual or Partnership PrincipalAffix Corporate Seal _________________________________ Business Address _________________________________ City, State, and Zip Code ________________________________________________________________ Business TelephoneBusiness Facsimile ATTEST: ___________________________________ ______________________________ Secretary (CorporateSurety)* By: *Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. D ECEMBER 28,2010 E-VerifyAffidavit each ŷƷƷƦƭʹΉΉǞǞǞ͵ĻΏǝĻƩźŅǤ͵ŭƚǝΉĻƒƦƌƚǤĻƩƭΉĻƓƩƚƌƌźƓŭΏźƓΏĻΏǝĻƩźŅǤΜ NotaryPublicInformation AffidavitofCompliancewithAnti-HumanTraffickingLaws City of Sunny Isles Beach 18070 Collins Avenue SunnyIsles Beach, FL 33160 Telephone: (305) 947-0606 Theundersigned,onbehalfoftheentitylistedbelow(“Entity”),herebyattestsunderpenaltyof perjuryasfollows: 1.Entitydoesnotusecoercionforlaboror services asdefinedinSection787.06, Florida Statutes.(Source: § 787.06(13), FloridaStatutes – Human Trafficking). TheundersignedisauthorizedtoexecutethisaffidavitonbehalfofEntity. Date: ____________________, 20___ Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of physical presence or online notarization,this ____ day of ______________, 20____, by _______________________________, as ____________________________ for _____________________________________________________, who is personally known to me or who has produced ________________________ as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: MICHAEL R. BOSS PRINCIPAL IN CHARGE ST 1020 NW 51 Street, Fort (954) 486-8404 mboss@mbrconstruction.com Lauderdale, FL 33309 OVERVIEW MichaelBossisPresidentandoneofthefoundersofMBRConstruction.Hehasanextensive backgroundinconstruction,withover35ǤĻğƩƭexperienceinSouthFloridaandiscurrentlythePrincipal inChargeandalicensedGeneralContractorforMBRConstruction. AlthoughMichaeloverseesateamofveryhighlyqualifiedpro jectmanagers,hehasalwaysbeena ͻŷğƓķƭƚƓͼownerandwillbetheProjectManagerandpointofcontactonthisproject.aźĭŷğĻƌƭmain priorityonthisprojectwillbetomaintainatightschedule,andthatthroughouttheprojectconstruction phase,theUtilitiesDepartmentstaffandoperationsareminimallyimpactedbytheconstruction activities. Amonghismanyqualifications,itisrelevanttomentionhisextensiveexperienceinleadingourteamin thecoordinationandcompletionofnumerousDesignBuildProjects.Michaelhasaproventalentfor workingthroughthemanylevelsofdetailsnecessaryforaconstructionƦƩƚƆĻĭƷƭsuccessandwillgive youanunswervingdedicationtoserviceandhonesty. EXPERIENCE 2012to2013źƌƌğŭĻƚŅĻƌƌźƓŭƷƚƓ $3.4millionBoysandGirlsClubBuilding /źƷǤƚŅ5ĻĻƩŅźĻƌķ.Ļğĭŷ 2018 $1.6CoveGardensNeighborhoodImprovements $3.8millionSullivanPark(Newdevelopment) /źƷǤƚŅ/ƚĭƚƓǒƷ/ƩĻĻƉ 2018 $4.6millionWindmillParkImprovements .ƩƚǞğƩķ/ƚǒƓƷǤtğƩƉƭεwĻĭƩĻğƷźƚƓ5źǝźƭźƚƓ 1998to2020 $10millionEvergladesHolidayParkImprovements psParkImprovements. $2million 5ĻƭźŭƓ.ǒźƌķ SunviewandTreeTo $7million 5ĻƭźŭƓ.ǒźƌķ LongKeyNatureCenterandMaintenance Building(newdevelopment) $10million 5ĻƭźŭƓ.ǒźƌķ District2RenovationsforQuietWatersPark, TradewindsPark,NorthBrowardParkandDeerfieldIsland $3million 5ĻƭźŭƓ.ǒźƌķ MiramarPinelandsNaturalArea(new development) $7millionVistaViewParkExpansion(Newdevelopment) 20022013 /źƷǤƚŅtƌğƓƷğƷźƚƓ 5ĻƭźŭƓ.ǒźƌķ DeickeAuditoriumBuildingRenovations. 2009to2020/źƷǤƚŅtƚƒƦğƓƚ.Ļğĭŷ $4.1millionPompanoCommunityParkFazesII $2.6millionPompanoCommunityphaseIII VariousparkimprovementstoMitchellMoorePark,CresthavenPark Improvements,GolfCourseShelter&RestroomRenovations. $1.6million/aθwźƭƉ servicesforPalmAirePark $1.4millionnewconstructionofAliCulturalCenter $1millionnewconstructionofETANUEducationFacility /źƷǤƚŅ{ǒƓƩźƭĻ 2000to2020 $6.5millionSunriseCityParkImprovements $5millionFlamingoParkImprovements $5millionSunriseVillageMultipuposeCenter $4.2millionConstructionservicesforCypressPreserveandOak HammockPassiveParkstobuildtwonewpassiveparksites. ShotgunRoadandPantherParkwayLinearPark,SunsetStripFaçade, SunriseRollerHockeyComplex,OaklandParkStreetscape Improvements,SunriseLakesEntryFeatures,SunriseCivicCenter FamilyPool,SunsetStripNeighborhoodPark,PineIslandStreetscape, SpringTreeUtilityComplex. /źƷǤƚŅCƚƩƷ\[ğǒķĻƩķğƌĻ 2000to2015 th $1.7million15StreetBoatLaunchandMarineComplex HarborBeachEntrancesandRoadwayImprovements,LincolnPark, rd SunsetMemorialGardens,NE33AvenueNeighborhood Improvements,DowntownHelistopStaircaseReplacement,George EnglishParkAdministrationBuilding,CityParkGarageRehab, RiverwalkSouthRegionalPark,PeterFeldmanPark,BillKeith PreserveRenovations,FortLauderdaleBeachPark,HarbordalePark, SouthMiddleRiverPark,FloydHullStadiumFacilityImprovements, FlaglerGreenwayTrail,SouthsideSchoolRedesignΑ{ƚǒƷŷEsteriors. /źƷǤƚŅ5ĻƌƩğǤ.Ļğĭŷ 20172018 $2.3millionDelrayBeachMasterPlanPhase1 $3.3millionDelrayBeachMasterPlanPhase2 /źƷǤƚŅ5ğƓźğ.Ļğĭŷ 2000to2015 $1.6millionRevitalizationofOceanParkPhaseI /źƷǤƚŅĻƭƷƚƓ 2000to2015 $2.3millionIndianTraceParkImprovements $1.9millionPeaceMoundParkImprovements 2000to2015 /źƷǤƚŅ/ƚƚƦĻƩ/źƷǤ $5.2millionFlamingoWestPark VILMA RODRIGUEZ PROJECT MANAGER ST 1020 NW 51 Street, Fort (954) 486-8404 mboss@mbrconstruction.com Lauderdale, FL 33309 OVERVIEW Ms.RodriguezhastwentyfiveǤĻğƩƭexperienceasaprojectmanager17ofthemwithMBR Construction,Inc.asaProjectmanagerfornumerousrecreational,athleticfacilityprojects.Asthe projectmanagersheistheprimaryclientliaison,duringphase1Vilmawillcoordinatetheconstruction documentswiththeexistingsiteconditions,willcoordinatewithMBRConstruction,Inc. estimating/valueengineeringteamtoprovideaGMPandcostestimates/valueengineeringsuggestions atvariousphasesofthedesignprocess,willbepartofthedesignreviewsandduringthepermitting phaseofyourprojectwillensuretheprocessmoveswithoutaglitch,carefullyreviewingdocuments beforesubmittal.Ms.Rodriguezisveryexperiencedwiththepermittingprocessandagencyreviews. OncetheSubcontractsareissued,sheisresponsibleformanagingalltheƭǒĬĭƚƓƷƩğĭƷƚƩƭcontracts,the flowofallpaymentsapplicationsandrelatedpaperworkfromsubcontractors,subconsultantsand client,gatheringtherequireddocumentationfortheprojectandreviewsitscompliance. Duringtheconstructionphase,shewillberesponsibleforkeepingafileandmaintainingtheflowofall projectrecords,includingasbuilts,constructiontestingreports,inspectionlogs,andweeklyreports, andensuringthattheyarekeptuptodatebytheprojectsuperintendent.Vilmaisalsoresponsiblefor schedulecontrolsbymaintainingschedulesuptodate,ensuringtimelinesoftheshopdrawings submittalprocess,keepingalllogsandmeetingminutesupdated,managingtheflowofallwCLƭͲand correspondencebetweenMBRConstructionandclient,subcontractorsandsubconsultants. Duringthefinalstageoftheprojectshewillberesponsibleforputtingtogetheracompletecloseout packagethatincludesallprojectsoperationalandmaintenancemanuals,warranties,Architecturaland CivilAsbuilts,finalsurvey,finalinspectionreports,andcertificateofoccupancy. EXPERIENCE 2012to2013 źƌƌğŭĻƚŅĻƌƌźƓŭƷƚƓ $3.4millionBoysandGirlsClubBuilding .ƩƚǞğƩķ/ƚǒƓƷǤtğƩƉƭεwĻĭƩĻğƷźƚƓ5źǝźƭźƚƓ 20072020 VilmaRodriguezhasmanagedtheMasterAgreementPark ImprovementsandConstructionContinuingContractheldbyMBR Constructionforthepast9years. $2million 5ĻƭźŭƓ.ǒźƌķ SunviewandTreeTopsParkImprovements. $7million 5ĻƭźŭƓ.ǒźƌķ LongKeyNatureCenterandMaintenance Building(newdevelopment) $10million 5ĻƭźŭƓ.ǒźƌķ District2RenovationsforQuietWatersPark, TradewindsPark,NorthBrowardParkandDeerfieldIsland $3million 5ĻƭźŭƓ.ǒźƌķ MiramarPinelandsNaturalArea(new development) $7millionVistaViewParkExpansion(Newdevelopment) 2018/źƷǤƚŅ/ƚĭƚƓǒƷ/ƩĻĻƉ $4.6millionWindmillParkImprovements /źƷǤƚŅtƌğƓƷğƷźƚƓ 20132015 5ĻƭźŭƓ.ǒźƌķ DeickeAuditoriumBuildingRenovations. $2.1millionEnergyEfficiencyTeamCenter /źƷǤƚŅtƚƒƦğƓƚ.Ļğĭŷ 20022013 $4.1millionPompanoCommunityParkII $2.6millionPompanoCommunityphaseIII $1.6million/aθwźƭƉ servicesforPalmAirePark /źƷǤƚŅ{ǒƓƩźƭĻ 2009to2020 $6.5millionSunriseCityParkImprovements $5millionFlamingoParkImprovements $5millionSunriseVillageMultipuposeCenter $4.2millionConstructionservicesforCypressPreserveandOak HammockPassiveParkstobuildtwonewpassiveparksites. $1.6millionSpringTreeUtilityComplex. $2millionCivicCenterFamilyPool /źƷǤƚŅCƚƩƷ\[ğǒķĻƩķğƌĻ 2000to2015 HarborBeachEntrancesandRoadwayImprovements SunsetMemorialGardens rd NE33AvenueNeighborhood RiverwalkSouthRegionalPark FortLauderdaleBeachPark,HarbordalePark,SouthMiddleRiverP /źƷǤƚŅźƌƷƚƓağƓƚƩƭ 2000to2015 $7.3million 5ĻƭźŭƓ.ǒźƌķ CityHallandPoliceStation, $1.6million 5ĻƭźŭƓ.ǒźƌķ RichardsonHistoricPark /źƷǤƚŅğƒğƩğĭ 2019 $4.1million 5ĻƭźŭƓ.ǒźƌķ ServicesWatersEdgePark .ƩƚǞğƩķ/ƚǒƓƷǤ{ŷĻƩźŅŅƭhŅŅźĭĻ 20082018 $4million/aθwźƭƉ servicesforNorthBrowardJailImprovement DetentionRenovations Continuing DesignBuildServices forBroward{ŷĻƩźŅŅƭOffice includeprojectsrangingfrom$0to$500,000budgets:Juvenile AssessmentCenterRenovation,PompanoJailRenovations, HeadquartersBuildingRenovations,InternalAffairsBureau Renovations,TacticalTrainingCenterRenovations,MainJailADA ElevatorAdditionandCooperCitySubstationRenovations. LEON WOLOCH CONSTRUCTION MANAGER ST 1020 NW 51 Street, Fort Lauderdale, FL (954) 486-8404 lwoloch@mbrconstruction.com 33309 OVERVIEW LeonWolochisoneofourmostvaluedConstructionManagers.Hehasanextensivebackgroundin constructionwithover25yearsexperienceinSouthFloridaand15yearsworkingforMBRConstruction, Inc. BeforeworkingforMBRConstruction,Leonworkedasoneofthesuperintendentsworkingtoconstruct theSawgrassMills,andhealsocompletedthreenewbankbuildingsfortheFirstAmericaBank. ThebulkofhisexperiencewithMBRConstructionhasbeenacombinationofDesignBidBuildandDesign BuildServicesandhisskills,hishandsonapproachandhisfirsthandknowledgeofconstructionhavemade allhisprojectssuccessfulones. Mr.Wolochtakesprideinhisabilitytocontrolthequalityoftheworkandputshighpriorityonthe projectschedule.Jobsafetyisalsohighonhislistofpriorities,andhemaintainsweeklyconstruction safetytrainingmeetings. Anotheroneofhismanygoodqualitiesisthecleanlinessofhisjobsiteandthisisonethatmostclients noticeandpraise. EXPERIENCE 2012to2013źƌƌğŭĻƚŅĻƌƌźƓŭƷƚƓ $3.4millionBoysandGirlsClubBuilding .ƩƚǞğƩķ/ƚǒƓƷǤtğƩƉƭεwĻĭƩĻğƷźƚƓ5źǝźƭźƚƓ 2005to2020 $10millionEvergladesHolidayParkImprovements $7million 5ĻƭźŭƓ.ǒźƌķ LongKeyNatureCenterandMaintenance Building(newdevelopment) $10million 5ĻƭźŭƓ.ǒźƌķ District2RenovationsforQuietWatersPark, TradewindsPark,NorthBrowardParkandDeerfieldIsland /źƷǤƚŅtƌğƓƷğƷźƚƓ 2013 5ĻƭźŭƓ.ǒźƌķ DeickeAuditoriumBuildingRenovations. /źƷǤƚŅ{ǒƓƩźƭĻ 2000to2019 $5millionFlamingoParkImprovements $5millionSunriseVillageMultipuposeCenter $4.2millionConstructionservicesforCypressPreserveandOak HammockPassiveParkstobuildtwonewpassiveparksites. PineIslandStreetscape,SpringTreeUtilityComplex. /źƷǤƚŅCƚƩƷ\[ğǒķĻƩķğƌĻ 2000to2015 th $1.7million15StreetBoatLaunchandMarineComplex DowntownHelistopStaircaseReplacement CityParkGarageRehab SouthsideSchoolRedesign /źƷǤƚŅ5ğƓźğ.Ļğĭŷ 2017 $1.6millionRevitalizationofOceanParkPhaseI .ƩƚǞğƩķIĻğƌƷŷ 2015 $2millionCHSHealthcarefortheHomelessClinic(14,000SFnew construction)andCHSSpecialtyCareCenterInteriorRenovations. /źƷǤƚŅźƌƷƚƓağƓƚƩƭ 2015 $7.3million 5ĻƭźŭƓ.ǒźƌķ WiltonManorsCityHall&Policestation (35,000SFnewconstructions) /źƷǤƚŅğƒğƩğĭ 20182019 $4.1million 5ĻƭźŭƓ.ǒźƌķ WatersEdgePark APPROACH / METHODOLOGY APPROACH / METHODOLOGY APPROACH / METHODOLOGY APPROACH / METHODOLOGY 9/5/2024 3135GMPSJEB!QSPGJU!DPSQPSBUJPOBOOVBM!SFQPSU GJMFE Gfc!19-!3135 DOCUMENT# P92000004585 Tfdsfubsz!pg!Tubuf Foujuz!Obnf; MBR CONSTRUCTION, INC. :369573839DD Dvssfou!Qsjodjqbm!!Qmbdf!pg!Cvtjoftt; 1020 NW 51 STREET FORT LAUDERDALE, FL 33309 Dvssfou!Nbjmjoh!Beesftt; 1020 NW 51 STREET FORT LAUDERDALE, FL 33309 US GFJ!Ovncfs;!76.1484:49 Dfsujgjdbuf!pg!Tubuvt!Eftjsfe;Yes Obnf!boe!Beesftt!pg!Dvssfou!Sfhjtufsfe!Bhfou; BOSS, MICHAEL R 1020 NW 51 STREET FT. LAUDERDALE, FL 33309 US Uif!bcpwf!obnfe!foujuz!tvcnjut!uijt!tubufnfou!gps!uif!qvsqptf!pg!dibohjoh!jut!sfhjtufsfe!pggjdf!ps!sfhjtufsfe!bhfou-!ps!cpui-!jo!uif!Tubuf!pg!Gmpsjeb/ SIGNATURE: 02/08/2024 MICHAEL BOSS Date Electronic Signature of Registered Agent Pggjdfs0Ejsfdups!Efubjm!; TitleDPTitleSECRETARY NameBOSS, MICHAELNameCOLE-BROCCOLI, WENDY Address1020 NW 51 STREET Address1020 NW 51 STREET City-State-Zip:FORT LAUDERDALE FL 33309 City-State-Zip:FORT LAUDERDALE FL 33309 I!ifsfcz!dfsujgz!uibu!uif!jogpsnbujpo!joejdbufe!po!uijt!sfqpsu!ps!tvqqmfnfoubm!sfqpsu!jt!usvf!boe!bddvsbuf!boe!uibu!nz!fmfduspojd!tjhobuvsf!tibmm!ibwf!uif!tbnf!mfhbm!fggfdu!bt!jg!nbef!voefs! pbui<!uibu!J!bn!bo!pggjdfs!ps!ejsfdups!pg!uif!dpsqpsbujpo!ps!uif!sfdfjwfs!ps!usvtuff!fnqpxfsfe!up!fyfdvuf!uijt!sfqpsu!bt!sfrvjsfe!cz!Dibqufs!718-!Gmpsjeb!Tubuvuft<!boe!uibu!nz!obnf!bqqfbst! bcpwf-!ps!po!bo!buubdinfou!xjui!bmm!puifs!mjlf!fnqpxfsfe/ 02/08/2024 SIGNATURE:WENDY COLE-BROCCOLISEC Electronic Signature of Signing Officer/Director Detail Date 0 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Richard Labinsky, City Engineer DATE: October 22, 2024 RE: Award of Invitation to Bid No. 24-07-01 to, and Approval of an Agreement with, MBR Construction, Inc., for the Construction of Intracoastal Sports Park RECOMMENDATION: Staff recommends the approval of this Resolution. REASONS: On July 25, 2024, the city issued ITB # 24-07-02 titled Construction of Intracoastal Sports Park. The solicitation was uploaded on DemandStar.com, and distributed to over 1200 contractors, in which 81 became Planholders. Planholders are for bidders subscribed to receive all the notifications related to the solicitation. On September 6, 2024, the City received nine (9) electronic bid submissions. MBR Construction (MBR) submitted the lowest responsive and responsible bid in the amount of $3,197,762.76. The scope of the ITB is as follows: The City of Sunny Isles Beach (the "City"), a municipality located in Miami -Dade County, Florida, is requesting bids from qualified Contractors ("Bidders," "Proposers," "Contractors") to construct two Item Number: 9.1-1 145 lighted tennis courts [of which one will be multi -use], an operations building and community park with walking paths and workout stations, and associated landscape and irrigation. The project location is 158th -159th St and Collins Avenue, Sunny Isles Beach, FL 33160. The project shall be substantially completed within one -hundred and eighty (180) calendar days from the Project initiation specified in the Notice to Proceed and final completion shall be sixty (60) calendar days after Substantial Completion. The total two -hundred and forty (240) calendar days include weekend days and holidays. This Bid contained Minimum Qualification Requirements (MQRs) which the Bidder must meet in order for the Bidder to be considered responsive. The "MQRs" were as follows: A. The Prime Contractor shall hold the proper license in the State of Florida to perform the Scope of Work set forth within this solicitation to include being registered as a Certified General Contractor with the State of Florida along with registration to conduct business in the State of Florida in all required disciplines. Proposing Bidder must provide a copy of the applicable license(s) with bid response. B. The Proposing Bidder must have been awarded Prime Contractor and successfully performed three (3) projects of similar or greater size, scope, and complexity to the specifications of the ITB within the last five (5) years. C. Proposing Bidder shall provide reference letters for no less than three (3) projects in which Contractor served as Prime Contractor for projects similar in size and scope. Please note that the references must be for the same projects in response to MQR "b" above. D. Provide documentation of Proposing Bidder's total and single project bonding capacity and the name and current financial rating (A.M. Best) of the surety company utilized by your Firm. Provide documentation of your firm's total and single project bonding capacity and the name and current financial rating (A.M. Best) of the surety company utilized by your firm. Proposing Bidders shall have a single project bonding capability of at least Three Million Dollars ($3,000,000.00) with a surety company with an A.M. Best rating of AA or better. Staff is recommending award of the ITB to, and approval of an Agreement with, MBR in a total amount of $3,517,539.04, which includes a 10% contingency if needed. ADDITIONAL INFORMATION: Why Action is Necessary: Pursuant to Chapter 62, Section 62-13 Exception to Bid Requirements, (C) Bids and Contracts from Other entities, and Section 62-7, the City Manager is authorized to procure all supplies, materials, equipment, and services from other governmental units, when the best interests of the City would be served subject to the requirement that any purchase in excess of $50,000 requires City Commission Item Number: 9.H 146 approval. Copies of the complete contract, inclusive of the ITB and M BR's submission, are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: $500,000 is allocated in account 300-6-5720-465000-40005 of the adopted budget. Additionally, $3.1M is included in an October budget amendment to carry over budgeted funds of $2.4M from fiscal year 2024 and appropriate an additional $700,000. ATTACHMENTS: Resolution Agreement Item Number: 9.1-11 147